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