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