89th Legislature Regular Session

HB 1586

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1586 proposes changes to the Health and Safety Code regarding immunization exemptions for school enrollment. The bill aims to simplify the process for obtaining an immunization exemption affidavit and increase accessibility while safeguarding personal privacy.

Under current law, parents or guardians seeking an exemption for their child’s required immunizations must submit a written request to the Department of State Health Services (DSHS) to obtain the exemption affidavit form. HB 1586 amends this process by requiring DSHS to make the blank affidavit form available online in a printable format on its website, eliminating the need to submit a formal request. Additionally, individuals will not be required to provide personal information to download or access the form.

The bill also removes the requirement for the affidavit form to include a seal or security device to prevent reproduction. Instead, the form must include a statement indicating that the person signing the affidavit understands the benefits and risks of immunization and non-immunization. Furthermore, HB 1586 eliminates the obligation for DSHS to track the number of forms sent out each year and report that information to the legislature. Instead, DSHS may simply record the number of times the form is accessed online but may not retain any personally identifying information.

The bill requires DSHS to update the existing affidavit form within 30 days of the bill’s effective date, and the changes will apply beginning with the 2025-2026 school year. The bill takes effect immediately if it receives a two-thirds vote from both legislative chambers; otherwise, it takes effect on September 1, 2025. H.B. 1586 is designed to enhance parental choice and privacy while simplifying the process for obtaining immunization exemptions for school enrollment.

The original version of HB 1586 and the Committee Substitute both aim to streamline the process for obtaining immunization exemption affidavits for school enrollment while enhancing privacy protections. However, there are some differences between the two versions in terms of language precision and procedural clarity.

The original bill primarily focused on making the affidavit form available online through the Department of State Health Services (DSHS) website without requiring any personal information to download it. It also eliminated the requirement for the affidavit form to contain a seal or security device and allowed DSHS to track only the number of times the form was accessed or requested, without recording any personally identifying information. Additionally, it removed the mandate for DSHS to report the number of forms sent out to the legislature annually.

The Committee Substitute retains these core changes but introduces more precise language to ensure that the process is clear and accessible. It clarifies that the affidavit form must be printable directly from the website, emphasizing user convenience. The substitute also elaborates on the privacy protections, clearly stating that no personally identifying information can be maintained when the form is accessed, downloaded, or requested.

Another notable difference is that the Committee Substitute adds a specific mandate for DSHS to update the affidavit form within 30 days of the bill’s effective date, ensuring a timely implementation of the new procedures. The original bill did not explicitly state this timeline, which the substitute addresses to guarantee administrative efficiency.

In summary, the Committee Substitute of HB 1586 builds on the original bill by adding clearer language, reinforcing privacy protections, and specifying an implementation timeline for updating the affidavit form. These enhancements ensure that the bill's goals of streamlined access and increased privacy are effectively met.
Author
Lacey Hull
John McQueeney
Greg Bonnen
Jeff Leach
Giovanni Capriglione
Co-Author
Daniel Alders
Trent Ashby
Jeffrey Barry
Keith Bell
Ben Bumgarner
Briscoe Cain
David Cook
Pat Curry
Mark Dorazio
Stan Gerdes
Cody Harris
Richard Hayes
Hillary Hickland
Andy Hopper
Carrie Isaac
Helen Kerwin
Stan Kitzman
Marc LaHood
Terri Leo-Wilson
Mitch Little
David Lowe
Shelley Luther
Don McLaughlin
William Metcalf
Brent Money
Candy Noble
Mike Olcott
Dennis Paul
Katrina Pierson
Keresa Richardson
Alan Schoolcraft
Matthew Shaheen
Joanne Shofner
Shelby Slawson
David Spiller
Ellen Troxclair
Cody Vasut
Wesley Virdell
Trey Wharton
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 1586 indicate a positive impact of $355,492 to the General Revenue Related Funds over the biennium ending August 31, 2027. The estimated annual savings amount to $177,746 from fiscal years 2026 to 2030, totaling $888,730 over five years.

The primary reason for these savings is the bill’s provision allowing individuals to print the immunization exemption affidavit form directly from the Department of State Health Services (DSHS) website, rather than requiring DSHS to process written requests and mail out forms. By eliminating the need for security paper, printed forms, envelopes, labels, postage, and temporary staffing, DSHS significantly reduces operational expenses associated with the current system.

Additionally, the bill removes the requirement for the affidavit form to contain a seal or security device, which further cuts costs associated with producing and mailing secure documents. The ability to print the form at home shifts the cost burden from the state to the individual, resulting in substantial savings. DSHS also no longer needs to maintain a comprehensive log of mailed forms, which simplifies administrative tasks.

There is no significant fiscal impact on local government units, as the projected savings are solely at the state level. The cost reductions primarily come from printing and mailing expenses, demonstrating that digitizing the exemption process is a cost-effective modernization. The bill takes effect starting with the 2025-2026 school year, immediately realizing these savings once implemented.

Vote Recommendation Notes

The overall vote recommendation for HB 1586 is "Yes". The bill effectively addresses a significant administrative and accessibility issue related to obtaining immunization exemption forms for school enrollment. By allowing parents and guardians to download and print the affidavit form directly from the Department of State Health Services (DSHS) website, the bill simplifies the process, reduces delays, and eliminates unnecessary bureaucratic steps.

One of the primary strengths of the bill is that it directly addresses concerns raised by parents and schools regarding the current cumbersome process. Under existing regulations, obtaining the exemption form requires submitting a written request and waiting for the form to arrive by mail. This can result in delays in school enrollment, causing frustration for families. By making the form available online, HB 1586 promotes efficiency and ensures that parents have timely access to necessary documentation.

Additionally, the bill significantly enhances privacy protections by prohibiting DSHS from collecting personally identifying information of individuals who download or request the form. This approach upholds the right to privacy while still allowing DSHS to track the number of form accesses for administrative purposes. By removing the requirement for a seal or security device on the form, the bill also reduces production costs and administrative burdens on DSHS.

Furthermore, the bill has a positive fiscal impact, saving the state approximately $177,746 annually by reducing expenses related to printing, mailing, and processing exemption forms. This efficient use of resources aligns with the principle of limited government by reducing state intervention in what can be efficiently managed online.

Overall, HB 1586 provides a practical, privacy-respecting, and cost-effective solution to streamline the immunization exemption process, making it a well-reasoned legislative measure deserving of support. Texas Policy Research recommends that lawmakers vote YES on HB 1586.

  • Individual Liberty: HB 1586 directly supports individual liberty by making it easier for parents and guardians to exercise their right to choose exemptions from required immunizations for school enrollment. By allowing the affidavit form to be downloaded and printed directly from the DSHS website, the bill eliminates unnecessary bureaucratic obstacles, thus empowering parents to make timely decisions for their children’s education and healthcare. Furthermore, the bill protects privacy by prohibiting the collection of personally identifying information of those who download or request the form. This respect for personal freedom ensures that parents can make medical decisions for their children without fear of government tracking.
  • Personal Responsibility: The bill enhances personal responsibility by giving parents direct control over obtaining exemption forms. Instead of relying on state agencies to process and mail requests, parents can take initiative to download, print, complete, and notarize the forms themselves. This process encourages self-sufficiency while maintaining the requirement that parents acknowledge the risks and benefits of both immunizing and not immunizing their children. By facilitating easier access, the bill encourages parents to proactively manage their children's school enrollment requirements.
  • Free Enterprise: While the bill does not directly impact commercial activities, it indirectly supports free enterprise by reducing administrative burdens on DSHS, allowing the agency to reallocate resources to other public health priorities. Additionally, by eliminating the requirement for costly security paper and mailing procedures, the bill reflects a cost-effective approach to public health administration. This streamlining of government processes indirectly supports a more efficient use of taxpayer funds, fostering a more business-friendly state environment.
  • Private Property Rights: The bill does not directly impact private property rights. However, by respecting the autonomy of parents in making medical decisions for their children, it indirectly reinforces the principle that families have the right to make choices about personal health and education without excessive government interference.
  • Limited Government: HB 1586 exemplifies the principle of limited government by reducing state involvement in the immunization exemption process. Instead of requiring DSHS to print, seal, and mail forms, the bill allows individuals to manage the process independently, thus reducing state expenses and minimizing bureaucratic control. The elimination of data tracking related to individual form requests also demonstrates a commitment to limiting state surveillance of personal health decisions. By making the process more transparent and accessible, the bill reduces government intervention while still ensuring that public health standards are met.
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