84R12212 MEW-D
 
  By: Garcia S.B. No. 1114
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a policy on vaccine-preventable diseases for public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0022 to read as follows:
         Sec. 38.0022.  VACCINE-PREVENTABLE DISEASE POLICY REQUIRED.  
  (a)  In this section:
               (1)  "School employee" means an employee of a public
  school.
               (2)  "Vaccine-preventable diseases" means the diseases
  included in the most current recommendations of the Advisory
  Committee on Immunization Practices of the Centers for Disease
  Control and Prevention.
         (b)  Each public school shall develop and implement a policy
  to protect the students attending the public school from
  vaccine-preventable diseases.
         (c)  The policy must:
               (1)  require each school employee to receive vaccines
  for the vaccine-preventable diseases specified by the school based
  on the level of risk the employee presents to students by the
  employee's routine and direct exposure to students;
               (2)  specify the vaccines a school employee is required
  to receive based on the level of risk the employee presents to
  students by the employee's routine and direct exposure to students;
               (3)  include procedures for verifying whether a school
  employee has complied with the policy;
               (4)  include procedures for a school employee to be
  exempt from the required vaccines for the medical conditions
  identified as contraindications or precautions by the Centers for
  Disease Control and Prevention;
               (5)  for a school employee who is exempt from the
  required vaccines, include procedures the employee must follow to
  protect students attending the school from exposure to disease,
  such as the use of protective medical equipment, including gloves
  and masks, based on the level of risk the employee presents to
  students by the employee's routine and direct exposure to students;
               (6)  prohibit discrimination or retaliatory action
  against a school employee who is exempt from the required vaccines
  for the medical conditions identified as contraindications or
  precautions by the Centers for Disease Control and Prevention,
  except that required use of protective medical equipment, including
  gloves and masks, may not be considered retaliatory action for
  purposes of this subdivision;
               (7)  require the public school to maintain a written or
  electronic record of each school employee's compliance with or
  exemption from the policy; and
               (8)  state the disciplinary actions the public school
  is authorized to take against a school employee who fails to comply
  with the policy.
         (d)  The commissioner shall adopt rules as necessary to
  implement this section.
         SECTION 2.  Not later than June 1, 2016, the commissioner of
  education shall adopt the rules necessary to implement Section
  38.0022, Education Code, as added by this Act.
         SECTION 3.  Notwithstanding Section 38.0022, Education
  Code, as added by this Act, a school district or open-enrollment
  charter school subject to that section is not required to have a
  policy on vaccine-preventable diseases in effect until September 1,
  2016.
         SECTION 4.  This Act takes effect September 1, 2015.