Texas Human Resources Code
§ 42.043 — RULES FOR IMMUNIZATIONS
HR § 42.043Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · Ch. 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES · Art. C. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES
Statute text
View on source(a)The executive commissioner shall adopt rules for the immunization of children in facilities regulated under this chapter.
(b)The department shall require that each child at an appropriate age 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.
(c)The executive commissioner shall adopt rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) or require additional immunizations as a requirement for admission to a facility.
(d)No immunization may be required for admission to a facility regulated under this chapter 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. (d-1) An affidavit submitted under Section (d)(2) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted not later than the 90th day after the date the affidavit is notarized.
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Legislative history
Acts 2005, 79th Leg., Ch. 563 (H.B. 1316), Sec. 1, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.218, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 423 (H.B. 2789), Sec. 2, eff. September 1, 2025.