S.B. No. 1107
 
 
 
 
AN ACT
  relating to the vaccination against bacterial meningitis of
  entering students at public and private or independent institutions
  of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Jamie Schanbaum
  and Nicolis Williams Act.
         SECTION 2.  Section 51.9192, Education Code, is amended by
  amending Subsections (b), (c), and (e) and adding Subsection (d-1)
  to read as follows:
         (b)  This section applies only to an entering student at [a
  first-time student of] an institution of higher education or
  private or independent institution of higher education. This
  section does not apply to a student of an institution who is
  enrolled only in online or other distance education courses or who
  is 30 years of age or older.  For purposes of this subsection,
  "entering student" includes:
               (1)  a new student, as defined by Section 51.9191; and
               (2)  a student who previously attended an institution
  of higher education or private or independent institution of higher
  education before January 1, 2012, and who is enrolling in the same
  or another institution of higher education or private or
  independent institution of higher education following a break in
  enrollment of at least one fall or spring semester[, 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 or an official
  immunization record evidencing that the student has received a
  [been vaccinated against] bacterial meningitis vaccination dose or
  booster during the five-year period preceding the date established
  by the coordinating board under Subsection (e).
         (d-1)  An institution of higher education or private or
  independent institution of higher education shall provide, with the
  registration materials that the institution provides to a student
  to whom this section applies before the student's initial
  enrollment in the institution, written notice of the right of the
  student or of a parent or guardian of the student to claim an
  exemption from the vaccination requirement in the manner prescribed
  by Subsection (d) and of the importance of consulting a physician
  about the need for immunization to prevent the disease.
         (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 10th day before the
  first day of the semester or other term in which the student
  initially enrolls unless the student is granted an extension by the
  institution as provided by the rules adopted under this subsection.
  The rules must authorize an institution of higher education or
  private or independent institution of higher education to extend
  the compliance date for an individual student to a date that is not
  later than the 10th day after the first day of the semester or other
  term in which the student initially enrolls [date the student
  initially moves into an on-campus dormitory or other on-campus
  student housing facility at an institution].
         SECTION 3.  The changes in law made by this Act to Section
  51.9192, Education Code, apply only to entering students enrolling
  in public or private or independent institutions of higher
  education in this state on or after January 1, 2012.
         SECTION 4.  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, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1107 passed the Senate on
  April 29, 2011, by the following vote: Yeas 29, Nays 2; and that
  the Senate concurred in House amendment on May 11, 2011, by the
  following vote: Yeas 29, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1107 passed the House, with
  amendment, on May 6, 2011, by the following vote: Yeas 122,
  Nays 14, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor