HB 3304 — Relating to a prohibition on vaccination mandates.

Summary

Relating to a prohibition on vaccination mandates.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 17 section(s) of the Texas statutes: Section 25.002(a), Education Code, Section 38.001, Education Code, Section 38.001(b-1), Education Code, Section 51.933, Education Code, Section 51.933(a), Education Code, Section 264.1076(d), Family Code.

• Section 25.002(a), Education Code

  ; and (3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section → and

  amended

• Section 38.001, Education Code

  IMMUNIZATION; REQUIREMENTS; EXCEPTIONS → RECOMMENDED IMMUNIZATIONS

  amended

• Section 38.001(b-1), Education Code

  required under this section for admission to public schools and of any additional immunizations → A school district or a school, including a private school, may not require any immunizations as a condition of admission to or attendance at an elementary or secondary school.

  amended

• : (1) (A) the immunizations required for admission to public school by rules of the Department of State Health Services adopted under Section 38.001; (B) (C) ; and (2) a link to the Department of State Health Services Internet website where a person may obtain information relating to the procedures for claiming an exemption from the immunization requirements of Section 38.001 (a)(2) , unless the Department of State Health Services requires the influenza vaccine for admission to public school → (1) (2) (a)(1)

  amended

• Section 51.933, Education Code

  REQUIREMENTS; EXCEPTION → INFORMATION

  amended

• Section 51.933(a), Education Code

  diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis, except as provided in Subsection (d) → not students or any communicable disease

  amended

• Section 264.1076(d), Family Code

  , except that a physician or other health care provider may administer a tetanus vaccination to a child in a commercially available preparation if the physician or other health care provider determines that an emergency circumstance requires the administration of the vaccination

  amended

• Section 526.0505(b), Government Code

  the person's failure ensure that the child receives the immunization series prescribed by Section 161.004, Health and Safety Code → declining immunize or vaccinate the child for any communicable disease

  amended

• Section 12.033(a), Health and Safety Code

  : (1) Section 38.001, Education Code; (2) Section 42.043, Human Resources Code; (3) ; (4) Chapter 81 (Communicable Disease Prevention and Control Act); and (5) Section 161.005

  amended

• Section 81.082(f), Health and Safety Code

  immunization; (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) → does not include an immunization or vaccine and (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

  amended

• Section 81.085(i), Health and Safety Code

  , but the department may not administer a vaccine to the individual without the individual's consent

  amended

• Section 161.0051, Safety Code

  OFFER OF

  amended

• Section 161.0055

  Sec. 161.0055. PROHIBITED VACCINATION MANDATES. (a) A governmental entity or official, including the governor, a state agency, a political subdivision, or a political subdivision official, may not require an individual to: (1) be vaccinated; or (2) participate in the administration of a vaccine. (b) This section applies to all other law, including an agency rule, executive order, or emergency order. (c) This section prevails to the extent of a conflict between this section and any other law.

  added

• Section 161.0074(c), Health and Safety Code

  or for using an exemption for a required immunization

  amended

• Section 161.0105(c), Health and Safety Code

  Sections 161.001 and → Section

  amended

• Section 224.002(b), Health and Safety Code

  require required include procedures for verifying whether a covered individual has complied with the policy; (4) include procedures for a covered individual 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) is exempt from required (6) is exempt from required (7) compliance with or exemption from the policy; and (8) include disciplinary actions the health care facility is authorized to take against a covered individual who fails to comply with the policy → encourage recommended encouraged declines to receive recommended (4) declines to receive recommended and (5) immunization record

  amended

• Section 31.0031(d), Human Resources Code

  and receive the immunization series prescribed by Section 161.004, Health and Safety Code, unless the child is exempt under that section

  amended

• and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, invasive pneumococcal disease, and hepatitis A and against any other communicable disease as recommended by the Department of State Health Services. The immunization must be effective on the date of first entry into the facility. However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible if a person applying for a child's admission submits one of the following affidavits: (1) an affidavit signed by a licensed physician stating that the immunization poses a significant risk to the health and well-being of the child or a member of the child's family or household; or (2) an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief

  amended

• Section 42.04305(c), Human Resources Code

  require required include procedures for verifying whether a facility employee has complied with the policy; (4) include procedures for a facility 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) is exempt from required (6) is exempt from required (7) compliance with or exemption from the policy; and (8) state the disciplinary actions the child-care facility is authorized to take against a facility employee who fails to comply with the policy → encourage recommended encouraged declines to receive recommended (4) declines to receive recommended and (5) immunization record

  amended

Action History

1. March 21, 2025

   Referred to Public Health

2. March 21, 2025

   Read first time

3. February 25, 2025

   Filed

Sponsors

• David Lowe · Primary

Subjects