85R2460 DMS-F     By: Davis of Harris H.B. No. 120       A BILL TO BE ENTITLED   AN ACT   relating to non-medical exemptions from immunization requirements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 38.001(c) and (f), Education Code, are   amended to read as follows:          (c)  Immunization is not required for a person's admission to   any elementary or secondary school if the person applying for   admission:                (1)  submits to the admitting official:                      (A)  an affidavit or a certificate signed by a   physician who is duly registered and licensed to practice medicine   in the United States, in which it is stated that, in the physician's   opinion, the immunization required poses a significant risk to the   health and well-being of the applicant or any member of the   applicant's family or household; or                      (B)  an affidavit signed by the applicant or, if a   minor, by the applicant's parent or guardian stating that the   applicant declines immunization for non-medical reasons [of   conscience, including a religious belief]; or                (2)  is a member of the armed forces of the United   States and is on active duty.          (f)  A person who has not received the immunizations required   by this section for non-medical reasons [of conscience, including   because of the person's religious beliefs,] may be excluded from   school in times of emergency or epidemic declared by the   commissioner of state [public] health services.          SECTION 2.  Sections 51.9192(d), (d-3), and (d-4), Education   Code, are amended to read as follows:          (d)  A student to whom this section applies or a parent or   guardian of the student is not required to comply with Subsection   (c) if the student or a parent or guardian of the student submits to   the institution:                (1)  an affidavit or a certificate signed by a   physician who is duly registered and licensed to practice medicine   in the United States in which it is stated that, in the physician's   opinion, the vaccination required would be injurious to the health   and well-being of the student; or                (2)  an affidavit signed by the student stating that   the student declines the vaccination for bacterial meningitis for   non-medical reasons [of conscience, including a religious belief,]   or confirmation that the student has completed the Internet-based   process described by Subsection (d-3) for declining the vaccination   on that basis, if applicable to the student.          (d-3)  The Department of State Health Services shall develop   and implement a secure, Internet-based process to be used   exclusively at those public junior colleges that elect to use the   process to allow an entering student to apply online for an   exemption from the vaccination requirement under this section for   non-medical reasons [of conscience]. The online process portal   must be designed to ensure that duplicate exemption requests are   avoided to the greatest extent possible. The exemption form used by   a student to claim an exemption under the process must contain a   statement indicating that the student understands the benefits and   risks of the immunization and the benefits and risks of not   receiving the immunization.          (d-4)  A public junior college may require an entering   student to use the Internet-based process under Subsection (d-3) as   the exclusive method to apply for an exemption from the vaccination   required under this section for non-medical reasons [of   conscience].          SECTION 3.  Section 51.933(d), Education Code, is amended to   read as follows:          (d)  No form of immunization is required for a person's   admission to an institution of higher education if the person   applying for admission:                (1)  submits to the admitting official:                      (A)  an affidavit or a certificate signed by a   physician who is duly registered and licensed to practice medicine   within the United States in which it is stated that, in the   physician's opinion, the immunization required poses a significant   risk to the health and well-being of the applicant or any member of   the applicant's family or household; or                      (B)  an affidavit signed by the applicant or, if a   minor, by the applicant's parent or guardian stating that the   applicant declines immunization for non-medical reasons [of   conscience, including a religious belief]; or                (2)  is a member of the armed forces of the United   States and is on active duty.          SECTION 4.  Section 161.004(d), Health and Safety Code, is   amended to read as follows:          (d)  A child is exempt from an immunization required by this   section if:                (1)  a parent, managing conservator, or guardian states   that the immunization is being declined for non-medical reasons [of   conscience, including a religious belief]; or                (2)  the immunization is medically contraindicated   based on the opinion of a physician licensed by any state in the   United States who has examined the child.          SECTION 5.  Section 161.0041(a), Health and Safety Code, is   amended to read as follows:          (a)  A person claiming an exemption from a required   immunization based on non-medical reasons [of conscience,   including a religious belief,] under Section 161.004 of this code,   Section 38.001, 51.9192, or 51.933, Education Code, or Section   42.043, Human Resources Code, must complete an affidavit on a form   provided by the department stating the reason for the exemption.   This subsection does not apply to a person claiming the exemption   using the Internet-based process under Section 51.9192(d-3),   Education Code.          SECTION 6.  Section 224.002(c), Health and Safety Code, is   amended to read as follows:          (c)  The policy may include procedures for a covered   individual to be exempt from the required vaccines based on   non-medical reasons [of conscience, including a religious belief].          SECTION 7.  Section 42.043(d), Human Resources Code, is   amended to read as follows:          (d)  No immunization may be required for admission to a   facility regulated under this chapter if a person applying for a   child's admission submits one of the following affidavits:                (1)  an affidavit signed by a licensed physician   stating that the immunization poses a significant risk to the   health and well-being of the child or a member of the child's family   or household; or                (2)  an affidavit signed by the child's parent or   guardian stating that the applicant declines immunization for   non-medical reasons [of conscience, including a religious belief].          SECTION 8.  Section 42.04305(d), Human Resources Code, is   amended to read as follows:          (d)  The policy shall include procedures for a facility   employee to be exempt from the required vaccines based on   non-medical reasons [of conscience, including a religious belief].          SECTION 9.  As soon as practicable after the effective date   of this Act, the Department of State Health Services shall modify   the existing affidavit form required by Section 161.0041, Health   and Safety Code, as amended by this Act.          SECTION 10.  The changes in law made by this Act to Section   38.001, Education Code, relating to public school students apply   beginning with the 2017-2018 school year.          SECTION 11.  The changes in law made by this Act to Sections   51.9192 and 51.933, Education Code, apply only to entering students   enrolling in public institutions of higher education in this state   beginning with the 2017 fall semester.          SECTION 12.  The change in law made by this Act to Section   42.043, Human Resources Code, applies beginning September 1, 2017.   An affidavit submitted to a facility before the effective date of   this Act is governed by the law in effect on the date the affidavit   is submitted, and the former law is continued in effect for that   purpose.          SECTION 13.  This Act takes effect September 1, 2017.