reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 146 - Tattoo and Certain Body Piercing Studios › Section 146.016. Inspections

Sec. 146.016.  INSPECTIONS.  (a)  The department shall inspect a tattoo or body piercing studio to determine if the studio complies with this chapter and the rules adopted under this chapter.
(b)  A person who owns, operates, or maintains a tattoo or body piercing studio shall allow inspection of the studio by the department at any time the studio is in operation.
(c)  The department shall inform the person who owns, operates, or maintains a tattoo or body piercing studio of any violation discovered by the department under this section and shall give the person a reasonable period in which to take necessary corrective action.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 936, Sec. 13, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 516, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 146 - Tattoo and Certain Body Piercing Studios › Section 146.017. License Denial, Suspension, or Revocation

Sec. 146.017.  LICENSE DENIAL, SUSPENSION, OR REVOCATION.  (a)  The department may refuse to issue a license or suspend or revoke a license issued under this chapter if an applicant or license holder does not comply with this chapter or a rule adopted or order issued under this chapter.
(b)  The refusal to issue a license, the suspension or revocation of a license, and any appeals are governed by the department's formal hearing procedures and the procedures for a contested case hearing under Chapter 2001, Government Code. A person may appeal a final decision of the department as provided by that chapter.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1528, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0450, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 146 - Tattoo and Certain Body Piercing Studios › Section 146.018. Offense; Criminal Penalty

Sec. 146.018.  OFFENSE;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter or a rule adopted under this chapter.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Each day of violation constitutes a separate offense.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Jan. 1, 1994.  Amended by Acts 1999, 76th Leg., ch. 1528, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 146 - Tattoo and Certain Body Piercing Studios › Section 146.020. Civil Penalty; Injunction

Sec. 146.020.  CIVIL PENALTY;  INJUNCTION.  (a)  If it appears that a person has violated or is violating this chapter or an order issued or a rule adopted under this chapter, the commissioner may request the attorney general or the district attorney, county attorney, or municipal attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for:
(1)  an order enjoining the violation;
(2)  a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation;
(3)  the assessment and recovery of a civil penalty;  or
(4)  both injunctive relief and a civil penalty.
(b)  A civil penalty may not exceed $5,000 a day for each violation.  Each day the violation occurs constitutes a separate violation for the purposes of the assessment of a civil penalty.
(c)  In determining the amount of the civil penalty, the court hearing the matter shall consider:
(1)  the person's history of previous violations;
(2)  the seriousness of the violation;
(3)  the hazard to the health and safety of the public;
(4)  the demonstrated good faith of the person charged;  and
(5)  any other matter as justice may require.
(d)  Venue for a suit brought under this section is in the county in which the violation occurred or in Travis County.
(e)  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
(f)  The commissioner or the attorney general may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.  The expenses recovered by the commissioner under this section may be used for the administration and enforcement of this chapter.  The expenses recovered by the attorney general may be used by the attorney general for any purpose.
Added by Acts 1999, 76th Leg., ch. 1528, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 146 - Tattoo and Certain Body Piercing Studios › Section 146.021. Emergency Orders

Sec. 146.021.  EMERGENCY ORDERS.  (a)  The commissioner may, with or without notice or hearing, issue an emergency order relating to regulation under this chapter of a tattooist or body piercer, or to the operation of a tattoo studio or body piercing studio, if the commissioner finds:
(1)  that:
(A)  the operation of the tattoo studio or body piercing studio or the performance of tattooing or body piercing by the tattooist or body piercer presents an immediate and serious threat to human health;  or
(B)  a shooting, stabbing, or other violent act or an offense involving drugs:
(i)  occurred at the tattoo studio or body piercing studio;  or
(ii)  involved the tattooist or body piercer;  and
(2)  that other procedures available to the department to remedy or prevent the threat will result in an unreasonable delay.
(b)  If the commissioner issues an emergency order under this section without a hearing, the department shall set a hearing under Chapter 2001, Government Code, to affirm, modify, or set aside the emergency order.
(c)  If the license holder cannot be located for a notice required under this section, the department shall provide notice by posting a copy of the order on the front door of the premises of the license holder.
Added by Acts 2003, 78th Leg., ch. 1226, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter A. General Provisions › Section 147.0001. Definitions

Sec. 147.0001.  DEFINITIONS.  In this chapter:
(1)  "Commercial business location” means the entire premises occupied by a permit applicant or a person required to hold a permit under this chapter.
(2)  "E-cigarette" has the meaning assigned by Section 161.081.
(3)  "E-cigarette retailer" means a person who engages in the business of selling e-cigarettes to consumers, including a person who sells e-cigarettes to consumers through a marketplace.
(4)  "Marketplace" has the meaning assigned by Section 151.0242, Tax Code.
(5)  "Permit holder" means a person who obtains a permit under Section 147.0052.
(6)  “Place of business” means:
(A)  a commercial business location where e-cigarettes are sold;
(B)  a commercial business location where e-cigarettes are kept for sale or consumption or otherwise stored; or
(C)  a vehicle from which e-cigarettes are sold.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter A. General Provisions › Section 147.0002. Inapplicability to Certain Products

Sec. 147.0002.  INAPPLICABILITY TO CERTAIN PRODUCTS.  This chapter does not apply to a product described by Section 161.0815.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter A. General Provisions › Section 147.0003. Hearings

Sec. 147.0003.  HEARINGS.  Unless otherwise provided by this chapter, the comptroller shall conduct all hearings required by this chapter in accordance with Chapter 2001, Government Code.  The comptroller may designate one or more representatives to conduct the hearings and may prescribe the rules of procedure governing the hearings.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter A. General Provisions › Section 147.0004. Rules

Sec. 147.0004.  RULES.  The comptroller may adopt rules to implement this chapter, including rules exempting a person who sells e-cigarettes to consumers through a marketplace from the requirements of this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0051. E-Cigarette Retailer Permit Required

Sec. 147.0051.  E-CIGARETTE RETAILER PERMIT REQUIRED.  (a)  A person may not engage in business as an e-cigarette retailer in this state unless the person has been issued a permit from the comptroller.
(b)  An e-cigarette retailer shall obtain a permit for each place of business owned or operated by the e-cigarette retailer.  The comptroller may not issue a permit for a place of business that is a residence or a unit in a public storage facility.
(c)  The comptroller shall prescribe the form and content of an application for a permit and provide the form on request.
(d)  The applicant shall accurately complete all information required by the application and provide the comptroller with additional information the comptroller considers necessary.
(e)  Each applicant that applies for a permit to sell e-cigarettes from a vehicle must provide the make, model, vehicle identification number, registration number, and any other information concerning the vehicle the comptroller requires.
(f)  All financial information provided under this section is confidential and not subject to Chapter 552, Government Code.
(g)  Permits for engaging in business as an e-cigarette retailer are governed exclusively by the provisions of this code.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0052. Issuance of Permit

Sec. 147.0052.  ISSUANCE OF PERMIT.  (a)  The comptroller shall issue a permit to an applicant if the comptroller:
(1)  has received an application and fee;
(2)  does not reject the application and deny the permit under Section 147.0053; and
(3)  determines that issuing the permit will not jeopardize the administration and enforcement of this chapter.
(b)  The permit shall be issued for a designated place of business, except as provided by Section 147.0056.
(c)  The permits are nonassignable.
(d)  The permit must indicate the type of permit and authorize the sale of e-cigarettes in this state.  The permit must show that it is revocable and shall be forfeited or suspended if the conditions of issuance, provisions of this chapter, or rules of the comptroller are violated.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0053. Denial of Permit

Sec. 147.0053.  DENIAL OF PERMIT.  The comptroller may reject an application and deny a permit if the comptroller finds, after notice and opportunity for hearing, any of the following:
(1)  the premises where business will be conducted are not adequate to protect the e-cigarettes; or
(2)  the applicant or managing employee, or if the applicant is a corporation, an officer, director, manager, or any stockholder who holds directly or through family or partner relationship 10 percent or more of the corporation's stock, or, if the applicant is a partnership, a partner or manager:
(A)  has failed to disclose any information required by Sections 147.0051(d) and (e); or
(B)  has previously violated provisions of this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0054. Permit Period; Fees

Sec. 147.0054.  PERMIT PERIOD; FEES.  (a)  A permit required by this chapter expires on the last day of May of each even-numbered year.
(b)  An application for a permit required by this chapter must be accompanied by a fee of:
(1)  one-half of the amount of the fee for a retailer's permit required by Section 154.111(b), Tax Code, if at the time of application the applicant holds a valid retailer's permit under Section 154.101, 154.102, or 155.041, Tax Code, for the same place of business; or
(2)  the amount of the fee for a retailer's permit required by Section 154.111(b), Tax Code.
(c)  For a new permit required by Section 147.0051, the comptroller shall prorate the fee according to the number of months remaining during the period that the permit is to be in effect.
(d)  A person who does not obtain a renewal permit in a timely manner must pay a late fee of $50 in addition to the application fee for the permit.
(e)  If on the date of issuance a permit will expire within three months, the comptroller may collect the prorated permit fee or the fee for the current period and, with the consent of the permit holder, may collect the fee for the next permit period and issue a permit or permits for both periods, as applicable.
(f)  A person issued a permit for a place of business that permanently closes before the permit expiration date is not entitled to a refund of the permit fee.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0055. Payment for Permits

Sec. 147.0055.  PAYMENT FOR PERMITS.  (a)  An applicant for a permit required by Section 147.0051 shall send the required fee with the application.
(b)  The payment must be made in cash or by money order, check, or credit card.
(c)  The comptroller may not issue a permit in exchange for a check until after the comptroller receives full payment on the check.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0056. Display of Permit

Sec. 147.0056.  DISPLAY OF PERMIT.  (a)  A permit holder shall keep the permit on public display at the place of business for which the permit was issued.
(b)  A permit holder who has a permit assigned to a vehicle shall post the permit in a conspicuous place on the vehicle.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter B. Permits › Section 147.0057. Revenue

Sec. 147.0057.  REVENUE.  Revenue from the sale of e-cigarette retailer's permits shall be deposited as provided by Section 161.0903 and may be appropriated only as provided by that section.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter C. Permit Suspension and Revocation › Section 147.0101. Final Suspension or Revocation of Permit

Sec. 147.0101.  FINAL SUSPENSION OR REVOCATION OF PERMIT.  (a)  The comptroller may revoke or suspend a permit holder's permit if the comptroller finds, after notice and hearing as provided by this section, that the permit holder violated this chapter or a rule adopted under this chapter.
(b)  If the comptroller intends to suspend or revoke a permit, the comptroller shall provide the permit holder with written notice that includes a statement:
(1)  of the reason for the intended revocation or suspension;
(2)  that the permit holder is entitled to a hearing by the comptroller on the proposed suspension or revocation; and
(3)  of the date, time, and place of the hearing.
(c)  The comptroller shall deliver the written notice by personal service or by mail to the permit holder's mailing address as it appears in the comptroller's records.  Service by mail is complete when the notice is deposited with the United States Postal Service.
(d)  The comptroller shall give the permit holder notice before the 10th day before the final hearing.
(e)  A permit holder may appeal the comptroller's decision to a district court in Travis County not later than the 30th day after the date the comptroller's decision becomes final.
(f)  A person whose permit is suspended or revoked may not sell, offer for sale, or distribute e-cigarettes from the place of business to which the permit applied until a new permit is granted or the suspension is removed.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter C. Permit Suspension and Revocation › Section 147.0102. Summary Suspension of Permit

Sec. 147.0102.  SUMMARY SUSPENSION OF PERMIT.  (a)  The comptroller may suspend a permit holder's permit without notice or a hearing for the permit holder's failure to comply with this chapter or a rule adopted under this chapter if the permit holder's continued operation constitutes an immediate and substantial threat.
(b)  If the comptroller summarily suspends a permit holder's permit, proceedings for a preliminary hearing before the comptroller or the comptroller's representative must be initiated simultaneously with the summary suspension.  The preliminary hearing shall be set for a date not later than the 10th day after the date of the summary suspension, unless the parties agree to a later date.
(c)  At the preliminary hearing, the permit holder must show cause why the permit should not remain suspended pending a final hearing on suspension or revocation.
(d)  Chapter 2001, Government Code, does not apply to a summary suspension under this section.
(e)  To initiate a proceeding to suspend summarily a permit holder's permit, the comptroller shall serve notice on the permit holder informing the permit holder of the right to a preliminary hearing before the comptroller or the comptroller's representative and of the time and place of the preliminary hearing.  The notice must be personally served on the permit holder or an officer, employee, or agent of the permit holder or sent by certified or registered mail, return receipt requested, to the permit holder's mailing address as it appears in the comptroller's records.  The notice must state the alleged violations that constitute the grounds for summary suspension.  The suspension is effective at the time the notice is served.  If notice is served in person, the permit holder shall immediately surrender the permit to the comptroller.  If notice is served by mail, the permit holder shall immediately return the permit to the comptroller.
(f)  Section 147.0101, governing hearings for final suspension or revocation of a permit under this chapter, governs a final administrative hearing.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter D. Penalties › Section 147.0151. Penalties

Sec. 147.0151.  PENALTIES.  (a)  A person violates this chapter if the person:
(1)  engages in the business of an e-cigarette retailer without a permit; or
(2)  is a person who is subject to a provision of this chapter or a rule adopted by the comptroller under this chapter and who violates the provision or rule.
(b)  A person who violates this section shall pay to the state a penalty of not more than $2,000 for each violation.
(c)  Each day on which a violation occurs is a separate violation.
(d)  The attorney general shall bring suit to recover penalties under this section.
(e)  A suit under this section may be brought in Travis County or another county having jurisdiction.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle G - Licenses and Other Regulation › Chapter 147 - E-Cigarette Retailer Permits › Subchapter D. Penalties › Section 147.0152. Failure to Have Permit; Offense

Sec. 147.0152.  FAILURE TO HAVE PERMIT; OFFENSE.  (a)  A person commits an offense if the person acts as an e-cigarette retailer and:
(1)  receives or possesses e-cigarettes without having a permit;
(2)  receives or possesses e-cigarettes without having a permit posted where it can be easily seen by the public; or
(3)  sells e-cigarettes without having a permit.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0001. Definitions

Sec. 161.0001.  DEFINITIONS.  In this subchapter:
(1)  "Data elements" means the information:
(A)  a health care provider who administers a vaccine is required to record in a medical record under 42 U.S.C. Section 300aa-25, as amended, including:
(i)  the date the vaccine is administered;
(ii)  the vaccine manufacturer and lot number of the vaccine;
(iii)  any adverse or unexpected events for a vaccine; and
(iv)  the name, the address, and if appropriate, the title of the health care provider administering the vaccine; and
(B)  specified in rules adopted to implement Section 161.00705.
(1-a)  "First responder" means:
(A)  any federal, state, local, or private personnel who may respond to a disaster, including:
(i)  public health and public safety personnel;
(ii)  commissioned law enforcement personnel;
(iii)  fire protection personnel, including volunteer firefighters;
(iv)  emergency medical services personnel, including hospital emergency facility staff;
(v)  a member of the National Guard;
(vi)  a member of the Texas State Guard; or
(vii)  any other worker who responds to a disaster in the worker's scope of employment; or
(B)  any related personnel that provide support services during the prevention, response, and recovery phases of a disaster.
(1-b)  "Immediate family member" means the parent, spouse, child, or sibling of a person who resides in the same household as the person.
(1-c)  "Individual's legally authorized representative" means:
(A)  a parent, managing conservator, or guardian of an individual, if the individual is a minor;
(B)  a guardian of the individual, if the individual has been adjudicated incompetent to manage the individual's personal affairs; or
(C)  an agent of the individual authorized under a durable power of attorney for health care.
(2)  "Payor" means an insurance company, a health maintenance organization, or another organization that pays a health care provider to provide health care benefits, including providing immunizations.
(3)  "Electronically," as related to a communication authorized under this chapter, means by e-mail, text message, online communication, or another electronic method of communication approved by the department.
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.01, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 803 (S.B. 1409), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 4.03, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.001. Liability of Person Who Orders or Administers Immunization

Sec. 161.001.  LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS IMMUNIZATION.  (a)  A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable for an injury caused by the vaccine or immunizing agent if the immunization is required by department rule or is otherwise required by law or other rules.
(b)  A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable or responsible for the failure to immunize a child because of the failure or refusal of a parent, managing conservator, or guardian to consent to the vaccination or immunization required under this chapter.  Consent to the vaccination or immunization must be given in the manner authorized by Chapter 32, Family Code.
(c)  A person who fails to comply with Section 161.004 is not liable or responsible for that failure, and that failure does not create a cause of action.
(d)  This section does not apply to a negligent act in administering the vaccine or immunizing agent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 165, Sec. 7.40, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0454, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.002. Inadmissibility of Immunization Survey Information

Sec. 161.002.  INADMISSIBILITY OF IMMUNIZATION SURVEY INFORMATION.  Information obtained from a physician's medical records by a person conducting an immunization survey for the department is not admissible as evidence in a suit against the physician that involves an injury relating to the immunization of an individual.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.003. Immunization Reminder Notices

Sec. 161.003.  IMMUNIZATION REMINDER NOTICES.  (a)  In a program administered by the department in which an immunization reminder notice is sent regarding the immunization of a child, the notice must be sent without discrimination based on the legitimacy of the child.
(b)  The reminder notice must be addressed to an adult or parent and may not use:
(1)  an indication of the marital status of the addressee;  or
(2)  the terms "Mr.," "Mrs.," "Miss," or "Ms."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.004. Statewide Immunization of Children

Sec. 161.004.  STATEWIDE IMMUNIZATION OF CHILDREN.  (a)  Every child in the state shall be immunized against vaccine preventable diseases caused by infectious agents in accordance with the immunization schedule adopted in department rules.
(b)  Hospitals shall be responsible for:
(1)  referring newborns for immunization at the time the newborn screening test is performed;
(2)  reviewing the immunization history of every child admitted to the hospital or examined in the hospital's emergency room or outpatient clinic;  and
(3)  administering needed vaccinations or referring the child for immunization.
(c)  Physicians shall be responsible for reviewing the immunization history of every child examined and administering any needed vaccinations or referring the child for immunization.
(d)  A child is exempt from an immunization required by this section if:
(1)  a parent, managing conservator, or guardian states that the immunization is being declined for reasons of conscience, including a religious belief;  or
(2)  the immunization is medically contraindicated based on the opinion of a physician licensed by any state in the United States who has examined the child.
(e)  For purposes of this section, "child" means a person under 18 years of age.
(f)  The executive commissioner shall adopt rules that are necessary to administer this section.
(g)  A parent, managing conservator, or guardian may choose the health care provider who administers the vaccine or immunizing agent under this chapter.
Added by Acts 1993, 73rd Leg., ch. 43, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.162, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0455, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0041. Immunization Exemption Affidavit Form

Sec. 161.0041.  IMMUNIZATION EXEMPTION AFFIDAVIT FORM.  (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.
(b)  The affidavit must be signed by the person claiming the exemption or, if the person is a minor, the person's parent, managing conservator, or guardian, and the affidavit must be notarized.
(c)  A person claiming an exemption from a required immunization under this section may only obtain the affidavit form by submitting a written request for the affidavit form to the department.
(d)  The department shall develop a blank affidavit form that contains a seal or other security device to prevent reproduction of the form.  The affidavit form shall contain a statement indicating that the person or, if a minor, the person's parent, managing conservator, or guardian understands the benefits and risks of immunizations and the benefits and risks of not being immunized.
(e)  The department shall maintain a record of the total number of affidavit forms sent out each year and shall report that information to the legislature each year.  The department may not maintain a record of the names of individuals who request an affidavit under this section.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.163, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 729 (S.B. 62), Sec. 2, eff. October 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.005. Immunizations Required

Sec. 161.005.  IMMUNIZATIONS REQUIRED.  (a)  On admission of a child to a mental health facility of the department, a state supported living center of the Department of Aging and Disability Services, or a facility of the Texas Department of Criminal Justice or the Texas Juvenile Justice Department, the facility physician shall review the immunization history of the child and administer any needed vaccinations or refer the child for immunization.
(b)  The department and the executive commissioner have the same powers and duties under this section as the department and the executive commissioner have under Sections 38.001 and 51.933, Education Code.  In addition, the provisions of those sections relating to provisional admissions and exceptions apply to this section.
(c)  A facility covered by this section shall keep an individual immunization record during the individual's period of admission, detention, or commitment in the facility, and the records shall be open for inspection at all reasonable times by a representative of the local health department or the department.
(d)  This section does not affect the requirements of Section 38.001 or 51.933, Education Code, or Section 42.043, Human Resources Code.
Added by Acts 1993, 73rd Leg., ch. 43, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.41, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0456, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0051. Required Immunizations for Nursing Homes

Sec. 161.0051.  REQUIRED IMMUNIZATIONS FOR NURSING HOMES.  (a)  This section applies only to a nursing home that:
(1)  is an institution licensed under Chapter 242;  and
(2)  serves residents who are elderly persons as defined by Section 242.002.
(b)  The executive commissioner by rule may require nursing facilities to offer, in accordance with an immunization schedule adopted in department rules, immunizations to elderly residents or to staff who are in contact with elderly residents against diseases that the executive commissioner determines to be:
(1)  caused by infectious agents;
(2)  potentially deadly; and
(3)  preventable by vaccine.
(c)  The executive commissioner by rule shall require nursing homes to offer, in accordance with an immunization schedule adopted in department rules:
(1)  pneumococcal vaccine to elderly residents; and
(2)  influenza vaccine to elderly residents and to staff who are in contact with elderly residents.
Added by Acts 1999, 76th Leg., ch. 259, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0457, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.006. Department Immunization Service

Sec. 161.006.  DEPARTMENT IMMUNIZATION SERVICE.  The department, to the extent permitted by law, is authorized to pay employees who are exempt or not exempt for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) on a straight-time basis for work on a holiday or for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business operations.  Authorization for payment under this section is limited to work directly related to immunizations.
Added by Acts 1993, 73rd Leg., ch. 43, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.00706. First Responder Immunization Information

Sec. 161.00706.  FIRST RESPONDER IMMUNIZATION INFORMATION.  (a)  A person 18 years of age or older who is a first responder or an immediate family member of a first responder may:
(1)  request that a health care provider who administers an immunization to the person provide data elements regarding the immunization to the department for inclusion in the immunization registry; or
(2)  provide the person's immunization history directly to the department for inclusion in the immunization registry.
(b)  A health care provider, on receipt of a request under Subsection (a)(1), shall submit the data elements to the department in a format prescribed by the department.  At the request and with the authorization of the health care provider, the data elements may be submitted through a health information exchange as defined by Section 182.151.  The department shall verify the person's request before including the information in the immunization registry.
(c)  The executive commissioner shall:
(1)  develop rules to ensure that immunization history submitted under Subsection (a)(2) is medically verified immunization information;
(2)  develop guidelines for use by the department in informing first responders about the registry and that registry information may be released under Section 161.00735; and
(3)  adopt rules necessary for the implementation of this section.
(d)  Except as provided by Section 161.00735, a person's immunization history or data received by the department under this section may be released only on consent of the person or to any health care provider licensed or otherwise authorized to administer vaccines.
(e)  A person whose immunization records are included in the immunization registry as authorized by this section may request in writing or electronically that the department remove that information from the registry.  Not later than the 10th day after receiving a request under this subsection, the department shall remove the person's immunization records from the registry.
(f)  The report required under Section 161.0074 must also include the number of complaints received by the department related to the department's failure to comply with requests for removal of information from the registry under Subsection (e).
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.02, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 35 (S.B. 347), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0461, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.00707. Information and Education for First Responders

Sec. 161.00707.  INFORMATION AND EDUCATION FOR FIRST RESPONDERS.  The department shall develop a program for informing first responders about the immunization registry and educating first responders about the benefits of being included in the immunization registry, including:
(1)  ensuring that first responders receive necessary immunizations to prevent the spread of communicable diseases to which a first responder may be exposed during a public health emergency, declared disaster, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency; and
(2)  preventing duplication of vaccinations.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.02, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.00708. Access to First Responder Immunization History

Sec. 161.00708.  ACCESS TO FIRST RESPONDER IMMUNIZATION HISTORY.  (a)  The department shall establish a process to provide an employer of a first responder with direct access to the first responder's immunization information in the immunization registry for verification of the first responder's immunization history.  The process must require a first responder to provide electronic or written consent before the employer is granted direct access to the first responder's immunization information in the immunization registry.  A first responder may withdraw consent at any time.
(b)  The department may establish a process to provide a first responder with access to the first responder's immunization information in the immunization registry.
Added by Acts 2019, 86th Leg., R.S., Ch. 259 (H.B. 1256), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0071. Notice of Receipt of Registry Data; Exclusion From Registry

Sec. 161.0071.  NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION FROM REGISTRY.  (a)  The first time the department receives registry data for an individual for whom the department has received consent to be included in the registry, the department shall send notice to the individual or the individual's legally authorized representative disclosing:
(1)  that providers and payors may be sending the individual's immunization information to the department;
(2)  the information that is included in the registry;
(3)  the persons to whom the information may be released under Sections 161.00735(b) and 161.008(d);
(4)  the purpose and use of the registry;
(5)  the procedure to exclude an individual from the registry; and
(6)  the procedure to report a violation if an individual's information is included in the registry after exclusion has been requested or consent has been withdrawn.
(b)  On discovering that consent to be included in the registry has not been granted or has been withdrawn, the department shall exclude the individual's immunization records from the registry and any other registry-related department record that individually identifies the individual.
(c)  On receipt of a written or electronic request to exclude an individual's immunization records from the registry, the department shall send to the individual or the individual's legally authorized representative who makes the request a written confirmation of receipt of the request for exclusion and shall exclude the individual's records from the registry.
(d)  The department commits a violation if the department fails to exclude an individual's immunization information from the registry as required by Subsection (b) or (c).
(e)  The department shall accept a written or electronic statement from an individual or the individual's legally authorized representative communicating to the department that an individual's information should be excluded from the registry, including a statement on a minor's birth certificate, as a request for exclusion under Subsection (c).
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 35 (S.B. 347), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0072. Providing Immunization Information to Department

Sec. 161.0072.  PROVIDING IMMUNIZATION INFORMATION TO DEPARTMENT.  (a)  If the individual or the individual's legally authorized representative has reasonable concern that the individual's health care provider is not submitting the immunization history to the department, the individual or the individual's legally authorized representative may provide the individual's immunization history directly to the department to be included in the immunization registry.
(b)  The individual or the individual's legally authorized representative may send evidence of the individual's immunization history to the department electronically, by facsimile transmission, or by mail.  The evidence may include a copy of:
(1)  the individual's medical record indicating the immunization history;
(2)  an invoice from a health care provider for the immunization; or
(3)  documentation showing that a claim for the immunization was paid by a payor.
(c)  The executive commissioner shall develop rules to ensure that the immunization history submitted by an individual or the individual's legally authorized representative is medically verified immunization information.
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 6, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0462, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter A. Immunizations › Section 161.0073. Registry Confidentiality

Sec. 161.0073.  REGISTRY CONFIDENTIALITY.  (a)  Except as provided by Sections 161.00705 and 161.00735, information that individually identifies an individual that is received by the department for the immunization registry is confidential and may be used by the department for registry purposes only.
(b)  Unless specifically authorized under this subchapter, the department may not release registry information to any individual or entity without the consent of the individual or the individual's legally authorized representative.
(c)  A person required to report information to the department for registry purposes or authorized to receive information from the registry may not disclose the individually identifiable information of an individual to any other person without the written or electronic consent of the individual or the individual's legally authorized representative, except as provided by Sections 161.007, 161.00705, 161.00706, and 161.008 of this code, Chapter 159, Occupations Code, or Section 602.053, Insurance Code.
(d)  Registry information is not:
(1)  subject to discovery, subpoena, or other means of legal compulsion for release to any person or entity except as provided by this subchapter;  or
(2)  admissible in any civil, administrative, or criminal proceeding.
Added by Acts 2003, 78th Leg., ch. 1081, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.127, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 12.04, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 9 (S.B. 346), Sec. 7, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 35 (S.B. 347), Sec. 4, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 9, eff. September 1, 2015.