HBA-RBT H.B. 1347 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1347
By: Green
Public Health
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, Texas requires that in order to be exempt from
immunizations, the  immunization must conflict with the tenets and
practices of a recognized religious denomination of which the applicant is
a member.  H.B. 1347 allows a person to be admitted to a number of
educational and care facilities without the immunization if the person
declines because of reasons of conscience or a religious belief. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.001(c), Education Code, to provide that
immunization is not required for a person's admission to elementary or
secondary school if the person applying for admission, or the person's
guardian, if the person is a minor, submits an affidavit stating that the
applicant declines immunization for reasons of conscience or because of a
religious belief, rather than because the immunization conflicts with the
tenets and practices of a recognized church or religious denomination of
which the applicant is an adherent or member.  

SECTION 2.  Amends Section 51.933(d), Education Code, to provide that
immunization is not required for a person's admission to an institution of
higher education if the person applying for admission, or the person's
guardian, if the person is a minor, submits an affidavit stating that the
applicant declines immunization for reasons of conscience or because of a
religious belief, rather than because the immunization conflicts with the
tenets and practices of a recognized church or religious denomination of
which the applicant is an adherent or member.  

SECTION 3.  Amends Section 42.043(d), Human Resources Code, to provide that
immunization is not required for a person's admission to a facility
regulated by this chapter (Regulation of Certain Facilities, Homes, and
Agencies That Provide Child-Care Services) if the person applying for a
child's admission submits an affidavit stating that the immunization is
declined for reasons of conscience or because of a religious belief, rather
than because the immunization conflicts with the tenets and practices of a
recognized church or religious denomination of which the applicant is an
adherent or member.  

SECTION 4.  Amends Section 161.004(d), Health and Safety Code, to provide
that immunization is not required under this section (Statewide
Immunization of Children) if a parent, managing conservator, or guardian of
the child states that the immunization is being declined for reasons of
conscience or because of a religious belief, rather than because the
immunization conflicts with the tenets and practices of a recognized church
or religious denomination of which the applicant is an adherent or member.  

SECTION 5.  Emergency clause.
  Effective date: upon passage.