85R13863 JG-D     By: Oliverson, Howard, Sheffield, Meyer, H.B. No. 1076       VanDeaver, et al.     Substitute the following for H.B. No. 1076:     By:  Huberty C.S.H.B. No. 1076       A BILL TO BE ENTITLED   AN ACT   relating to the mandatory spinal screening of public and private   school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.001, Health and Safety Code, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  The executive commissioner, in cooperation with the   Texas Education Agency, shall adopt rules for the mandatory spinal   screening of children [in grades 6 and 9] attending public or   private schools.  In adopting rules under this subsection, the   executive commissioner shall consider the most recent nationally   accepted and peer-reviewed scientific research in determining the   appropriate ages for conducting the spinal screening. The   department shall coordinate the spinal screening program with any   other screening program conducted by the department on those   children.          (b-1)  The executive commissioner, in cooperation with the   Texas Education Agency, by rule shall develop a process to notify a   parent, managing conservator, or guardian of:                (1)  the screening requirement;                (2)  the purposes of and reasons for the screening   requirement, including prevention of painful scoliosis correction   surgery and medical risks to the child if screening is declined;                (3)  the noninvasive nature of the method used to   conduct the screening; and                (4)  the method for declining to comply with the   screening requirement through the use of an exemption described by   Section 37.002(b).          SECTION 2.  (a)  The executive commissioner of the Health and   Human Services Commission shall adopt rules under Section 37.001,   Health and Safety Code, as amended by this Act, not later than   January 1, 2018.          (b)  This Act applies beginning with the 2018-2019 school   year.          SECTION 3.  This Act takes effect September 1, 2017.