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AN ACT
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relating to an immunization awareness program in certain school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Emily Lastinger Act. |
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SECTION 2. Section 38.001, Education Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (b-1) |
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to read as follows: |
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(b) Subject to Subsection (c), the Department of State |
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[Texas Board of] Health Services may modify or delete any of the |
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immunizations in Subsection (a) or may require immunizations |
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against additional diseases as a requirement for admission to any |
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elementary or secondary school. |
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(b-1) Each year, the Department of State Health Services |
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shall prepare a list of the immunizations required under this |
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section for admission to public schools and of any additional |
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immunizations the department recommends for school-age children. |
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The department shall prepare the list in English and Spanish and |
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make the list available in a manner that permits a school district |
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to easily post the list on the district's Internet website as |
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required by Section 38.019. |
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(d) The [Texas] Department of State Health Services shall |
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provide the required immunization to children in areas where no |
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local provision exists to provide those services. |
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(e) A person may be provisionally admitted to an elementary |
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or secondary school if the person has begun the required |
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immunizations and if the person continues to receive the necessary |
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immunizations as rapidly as is medically feasible. The [Texas] |
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Department of State Health Services shall adopt rules relating to |
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the provisional admission of persons to an elementary or secondary |
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school. |
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SECTION 3. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.019 to read as follows: |
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Sec. 38.019. IMMUNIZATION AWARENESS PROGRAM. (a) A school |
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district that maintains an Internet website shall post prominently |
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on the website: |
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(1) a list, in English and Spanish, of: |
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(A) the immunizations required for admission to |
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public school by rules of the Department of State Health Services |
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adopted under Section 38.001; |
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(B) any immunizations or vaccines recommended |
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for public school students by the Department of State Health |
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Services; and |
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(C) health clinics in the district that offer the |
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influenza vaccine, to the extent those clinics are known to the |
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district; and |
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(2) a link to the Department of State Health Services |
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Internet website where a person may obtain information relating to |
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the procedures for claiming an exemption from the immunization |
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requirements of Section 38.001. |
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(a-1) The link to the Department of State Health Services |
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Internet website provided under Subsection (a)(2) must be presented |
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in the same manner as the information provided under Subsection |
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(a)(1). |
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(b) The list of recommended immunizations or vaccines under |
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Subsection (a)(2) must include the influenza vaccine, unless the |
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Department of State Health Services requires the influenza vaccine |
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for admission to public school. |
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SECTION 4. Section 38.019, Education Code, as added by this |
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Act, applies beginning with the 2007-2008 school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 1059 was passed by the House on April |
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12, 2007, by the following vote: Yeas 143, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1059 was passed by the Senate on May |
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3, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |