1-1 AN ACT 1-2 relating to providing information about bacterial meningitis to 1-3 students of public schools and students of institutions of higher 1-4 education. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-7 amended by adding Section 51.9191 to read as follows: 1-8 Sec. 51.9191. BACTERIAL MENINGITIS INFORMATION FOR NEW 1-9 STUDENTS. (a) In this section: 1-10 (1) "Institution of higher education" and "private or 1-11 independent institution of higher education" have the meanings 1-12 assigned by Section 61.003. 1-13 (2) "New student" means a first-time student of an 1-14 institution of higher education or private or independent 1-15 institution of higher education and includes a student who 1-16 transfers to the institution from another institution. 1-17 (b) The Texas Higher Education Coordinating Board shall 1-18 prescribe procedures by which each institution of higher education 1-19 shall provide information relating to bacterial meningitis to new 1-20 students of the institution. The procedures must provide for the 1-21 information to be provided in a brochure or other manner so that 1-22 the information is reasonably likely to come to the attention of 1-23 each student. The coordinating board shall prescribe the form and 1-24 content of the information. The information must cover: 1-25 (1) the symptoms of the disease, how it may be 2-1 diagnosed, and its possible consequences if untreated; 2-2 (2) how the disease is transmitted, how it may be 2-3 prevented, and the relative risk of contracting the disease for 2-4 students of institutions of higher education; 2-5 (3) the availability and effectiveness of vaccination 2-6 against and treatment for the disease, including how students of 2-7 the institution may seek vaccination or treatment and whether a 2-8 vaccination is available from the student health center, and a 2-9 brief description of the risks and possible side effects of 2-10 vaccination; and 2-11 (4) sources of additional information regarding the 2-12 disease and include the telephone numbers of the student health 2-13 center, if there is a student health center, and the appropriate 2-14 office of the Texas Department of Health. 2-15 (c) The Texas Higher Education Coordinating Board shall 2-16 consult with the Texas Department of Health in prescribing the 2-17 content of the information to be provided to students under this 2-18 section. The coordinating board shall establish an advisory 2-19 committee to assist the coordinating board in the initial 2-20 implementation of this section. The advisory committee must 2-21 include at least two members who are students at public or private 2-22 institutions of higher education. 2-23 (d) An institution of higher education, with the written 2-24 consent of the Texas Higher Education Coordinating Board, may 2-25 provide the information required by this section to new students of 2-26 the institution by a method different from the method prescribed by 3-1 the coordinating board under Subsection (b) if the coordinating 3-2 board determines that method would be effective in bringing the 3-3 information to the attention of all new students of the 3-4 institution. 3-5 (e) Each institution of higher education shall make 3-6 reasonable efforts to obtain from each new student of the 3-7 institution a confirmation signed or acknowledged by the student 3-8 that the student has received the information required to be 3-9 provided to the student under this section and shall retain the 3-10 confirmation for not less than two years after the student first 3-11 enrolls at the institution. 3-12 (f) The Texas Higher Education Coordinating Board and the 3-13 Texas Department of Health shall encourage private or independent 3-14 institutions of higher education to provide the information 3-15 prescribed by Subsection (b) to all new students of those 3-16 institutions. 3-17 SECTION 2. Chapter 38, Education Code, is amended by adding 3-18 Section 38.0025 to read as follows: 3-19 Sec. 38.0025. DISSEMINATION OF BACTERIAL MENINGITIS 3-20 INFORMATION. (a) The agency shall prescribe procedures by which 3-21 each school district shall provide information relating to 3-22 bacterial meningitis to its students and their parents each school 3-23 year. The procedures must ensure that the information is 3-24 reasonably likely to come to the attention of the parents of each 3-25 student. The agency shall prescribe the form and content of the 3-26 information. The information must cover: 4-1 (1) the symptoms of the disease, how it may be 4-2 diagnosed, and its possible consequences if untreated; 4-3 (2) how the disease is transmitted, how it may be 4-4 prevented, and the relative risk of contracting the disease for 4-5 primary and secondary school students; 4-6 (3) the availability and effectiveness of vaccination 4-7 against and treatment for the disease, and a brief description of 4-8 the risks and possible side effects of vaccination; and 4-9 (4) sources of additional information regarding the 4-10 disease, including any appropriate office of the school district 4-11 and the appropriate office of the Texas Department of Health. 4-12 (b) The agency shall consult with the Texas Department of 4-13 Health in prescribing the content of the information to be provided 4-14 to students under this section. The agency shall establish an 4-15 advisory committee to assist the agency in the initial 4-16 implementation of this section. The advisory committee must 4-17 include at least two members who are parents of students at public 4-18 schools in this state. 4-19 (c) A school district, with the written consent of the 4-20 agency, may provide the information required by this section to its 4-21 students and their parents by a method different from the method 4-22 prescribed by the agency under Subsection (a) if the agency 4-23 determines that method would be effective in bringing the 4-24 information to the attention of the parents of each student. 4-25 SECTION 3. (a) This Act takes effect immediately if it 4-26 receives a vote of two-thirds of all the members elected to each 5-1 house, as provided by Section 39, Article III, Texas Constitution. 5-2 If this Act does not receive the vote necessary for immediate 5-3 effect, this Act takes effect September 1, 2001. 5-4 (b) Section 38.0025, Education Code, as added by this Act, 5-5 applies beginning with the 2001-2002 school year. 5-6 (c) The Texas Higher Education Coordinating Board shall 5-7 implement Section 51.9191, Education Code, as added by this Act, as 5-8 necessary to ensure that the information required by that section 5-9 is provided to new students of institutions of higher education 5-10 entering those institutions on or after January 1, 2002. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 31 passed the Senate on February 22, 2001, by the following vote: Yeas 29, Nays 0, one present, not voting; and that the Senate concurred in House amendment on May 9, 2001, by the following vote: Yeas 29, Nays 0, one present, not voting. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 31 passed the House, with amendment, on May 5, 2001, by the following vote: Yeas 140, Nays 0, two present, not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor