S.B. No. 62
 
 
 
 
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.  Section 51.9192, Education Code, is amended by
  amending Subsections (b), (d), and (d-1) and adding Subsections
  (d-2), (d-3), (d-4), (d-5), (d-6), and (f) to read as follows:
         (b)  This section applies only to an entering student at 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 22 [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.
         (d)  A student to whom this section applies or a parent or
  guardian of the student is not required to comply with Subsection
  (c) if the student or a parent or guardian of the student submits to
  the institution:
               (1)  an affidavit or a certificate signed by a
  physician who is duly registered and licensed to practice medicine
  in the United States in which it is stated that, in the physician's
  opinion, the vaccination required would be injurious to the health
  and well-being of the student; or
               (2)  an affidavit signed by the student stating that
  the student declines the vaccination for bacterial meningitis for
  reasons of conscience, including a religious belief, or
  confirmation that the student has completed the Internet-based
  process described by Subsection (d-3) for declining the vaccination
  on that basis, if applicable to the student.
         (d-1)  The [except that the] exemption provided by
  Subsection (d)(2) [this subdivision] does not apply during a
  disaster or public health emergency, terrorist attack, hostile
  military or paramilitary action, or extraordinary law enforcement
  emergency declared by an appropriate official or other authority
  and in effect for the location of the institution the student
  attends.
         (d-2)  An affidavit submitted under Subsection (d)(2) must
  be:
               (1)  on a form described by Section 161.0041, Health
  and Safety Code; and
               (2)  submitted to the appropriate admitting official
  not later than the 90th day after the date the affidavit is
  notarized.
         (d-3)  The Department of State Health Services shall develop
  and implement a secure, Internet-based process to be used
  exclusively at those public junior colleges that elect to use the
  process to allow an entering student to apply online for an
  exemption from the vaccination requirement under this section for
  reasons of conscience. The online process portal must be designed
  to ensure that duplicate exemption requests are avoided to the
  greatest extent possible. The exemption form used by a student to
  claim an exemption under the process must contain a statement
  indicating that the student understands the benefits and risks of
  the immunization and the benefits and risks of not receiving the
  immunization.
         (d-4)  A public junior college may require an entering
  student to use the Internet-based process under Subsection (d-3) as
  the exclusive method to apply for an exemption from the vaccination
  required under this section for reasons of conscience.
         (d-5)  The Department of State Health Services shall report
  to the legislature annually the number of exemptions applied for in
  the preceding academic year using the Internet-based process under
  Subsection (d-3).
         (d-6) [(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.
         (f)  In this section, "public junior college" has the meaning
  assigned by Section 61.003.
         SECTION 2.  Subsection (a), Section 161.0041, Health and
  Safety Code, is amended to read as follows:
         (a)  A person claiming an exemption from a required
  immunization based on reasons of conscience, including a religious
  belief, under Section 161.004 of this code, Section 38.001,
  51.9192, or 51.933, Education Code, or Section 42.043, Human
  Resources Code, must complete an affidavit on a form provided by the
  department stating the reason for the exemption.  This subsection
  does not apply to a person claiming the exemption using the
  Internet-based process under Section 51.9192(d-3), Education Code.
         SECTION 3.  The changes in law made by this Act apply
  beginning with entering students enrolling in public or private or
  independent institutions of higher education in this state on or
  after January 1, 2014.
         SECTION 4.  This Act takes effect October 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 62 passed the Senate on
  April 11, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 62 passed the House on
  May 20, 2013, by the following vote:  Yeas 146, Nays 1, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor