H.B. No. 4189
 
 
 
 
AN ACT
  relating to the conduct of compliance programs by institutions of
  higher education and to the vaccination of students of institutions
  of higher education against bacterial meningitis.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Jamie Schanbaum
  Act.
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9192 to read as follows:
         Sec. 51.9192.  BACTERIAL MENINGITIS VACCINATION REQUIRED
  FOR CERTAIN STUDENTS; EXCEPTIONS.  (a)  In this section:
               (1)  "Health practitioner" means any person authorized
  by law to administer an immunization.
               (2)  "Institution of higher education" and "private or
  independent institution of higher education" have the meanings
  assigned by Section 61.003.
         (b)  This section applies only to a first-time student of an
  institution of higher education or private or independent
  institution of higher education, including a transfer student, who
  resides in, or has applied for on-campus housing and been approved
  to reside in, an on-campus dormitory or other on-campus student
  housing facility at the institution.
         (c)  Except as provided by Subsection (d), a student to whom
  this section applies or a parent or guardian of the student must
  provide to the institution, at the time and in the manner prescribed
  by rules adopted by the Texas Higher Education Coordinating Board,
  a certificate signed by a health practitioner evidencing that the
  student has been vaccinated against bacterial meningitis.
         (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
  reasons of conscience, including a religious belief, except that
  the exemption provided by this subdivision does not apply during a
  disaster or public health emergency, terrorist attack, hostile
  military or paramilitary action, or extraordinary law enforcement
  emergency declared by an appropriate official or other authority
  and in effect for the location of the institution the student
  attends.
         (e)  The Texas Higher Education Coordinating Board, in
  consultation with institutions of higher education and private or
  independent institutions of higher education, shall adopt rules for
  the administration of this section, including rules establishing
  the date by which a student who is required to comply with
  Subsection (c) must have received the vaccination required by that
  subsection, which may not be later than the date the student
  initially moves into an on-campus dormitory or other on-campus
  student housing facility at an institution.
         SECTION 3.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.971 to read as follows:
         Sec. 51.971.  COMPLIANCE PROGRAM.  (a)  In this section:
               (1)  "Compliance program" means a process to assess and
  ensure compliance by the officers and employees of an institution
  of higher education with applicable laws, rules, regulations, and
  policies, including matters of:
                     (A)  ethics and standards of conduct;
                     (B)  financial reporting;
                     (C)  internal accounting controls; or
                     (D)  auditing.
               (2)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
         (b)  An institution of higher education that maintains a
  compliance program may establish procedures, such as a telephone
  hotline, to permit private access to the compliance program office
  and to preserve the confidentiality of communications and the
  anonymity of a person making a compliance report or participating
  in a compliance investigation.
         (c)  The following are confidential:
               (1)  information that directly or indirectly reveals
  the identity of an individual who made a report to the compliance
  program office of an institution of higher education, sought
  guidance from the office, or participated in an investigation
  conducted under the compliance program; and
               (2)  information that directly or indirectly reveals
  the identity of an individual as a person who is alleged to have or
  may have planned, initiated, or participated in activities that are
  the subject of a report made to the compliance program office of an
  institution of higher education if, after completing an
  investigation, the office determines the report to be
  unsubstantiated or without merit.
         (d)  Subsection (c) does not apply to information related to
  an individual who consents to disclosure of the information.
         (e)  Information produced in a compliance program
  investigation the release of which would interfere with an ongoing
  compliance investigation is excepted from disclosure under Chapter
  552, Government Code.
         (f)  Information made confidential or excepted from public
  disclosure by this section may be made available to a law
  enforcement agency or prosecutor for official purposes of the
  agency or prosecutor upon proper request made in compliance with
  applicable law and procedure.
         SECTION 4.  Section 51.9192, Education Code, as added by
  this Act, applies only to first-time students enrolling in public
  or private or independent institutions of higher education in this
  state on or after January 1, 2010.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4189 was passed by the House on May
  12, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4189 on May 29, 2009, by the following vote:  Yeas 145, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4189 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor