89th Legislature Regular Session

HB 4535

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 4535 proposes the establishment of requirements for administering COVID-19 vaccinations in Texas. The bill mandates that healthcare providers obtain written informed consent from individuals before administering a COVID-19 vaccine. If the individual is a minor or lacks mental capacity, the consent must come from a parent, guardian, or conservator.

The Texas Department of State Health Services (DSHS) must create a standardized information sheet that healthcare providers will give to patients before vaccination. This sheet will include details on:

  •     Risks and potential side effects associated with the vaccine.
  •     The expedited development process of the COVID-19 vaccine.
  •     The status of long-term scientific studies related to the vaccine.
  •     Civil liability status of vaccine manufacturers for vaccine-related injuries.
  •     The federal Vaccine Adverse Event Reporting System (VAERS), including how to report adverse reactions.

Healthcare providers who do not comply with these requirements may face disciplinary action from the appropriate licensing authority. The bill would take effect on September 1, 2025.

The original version of HB 4535 and the committee substitute both aim to regulate the administration of COVID-19 vaccines in Texas, focusing on informed consent and patient safety. Both versions mandate that healthcare providers obtain written informed consent from individuals before administering a COVID-19 vaccine. In cases where the individual is a minor or lacks mental capacity, the consent must come from a parent, guardian, or conservator. Despite their similar goals, the original bill and the committee substitute differ in a few key aspects.

One primary difference is how they assign responsibility for developing the standardized information sheet. In the original bill, the Texas Department of State Health Services (DSHS) is explicitly tasked with this duty, while the committee substitute uses the more general term "the department." This change allows for potential flexibility in determining which agency will handle the task, possibly reflecting input from stakeholders who raised concerns about administrative capacity or jurisdiction.

Another difference lies in how the bills address the issue of vaccine manufacturer liability. The original bill explicitly addresses whether manufacturers can be held civilly liable for injuries caused by the vaccine, emphasizing transparency regarding potential legal recourse. While the committee substitute retains this focus, it may adjust the language to be more nuanced or legally precise, addressing concerns that emerged during committee deliberations.

Finally, the original bill's language concerning disciplinary actions against healthcare providers who violate the informed consent requirements is more detailed, specifying that penalties should align with those for other regulatory infractions. In contrast, the committee substitute appears to streamline this section, likely aiming to reduce ambiguity and align more closely with existing healthcare regulation frameworks. This revision may make enforcement clearer and more consistent.

In summary, while the core intent of both the original bill and the committee substitute remains consistent—protecting individual rights through informed consent—the committee substitute introduces adjustments to clarify responsibilities, refine liability language, and streamline enforcement provisions. These changes likely reflect feedback from legislative discussions and stakeholder input, aiming to enhance the bill's practicality and coherence.

Author
John McQueeney
Giovanni Capriglione
Greg Bonnen
Lacey Hull
Jared Patterson
Co-Author
Daniel Alders
Trent Ashby
Jeffrey Barry
Keith Bell
Ben Bumgarner
Briscoe Cain
David Cook
Pat Curry
Mark Dorazio
Stan Gerdes
Cody Harris
Caroline Harris Davila
Richard Hayes
Cole Hefner
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
Matt Morgan
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 4535 are minimal. The LBB's assessment indicates that the bill would not have a significant fiscal impact on the state. The reasoning behind this conclusion is that any costs associated with implementing the bill's provisions could be managed using existing state resources. This suggests that the required actions, such as developing standardized information sheets and enforcing compliance among healthcare providers, can be integrated into the current operational and budgetary framework of relevant state agencies.

Specifically, the agencies referenced in the fiscal note—the Texas Medical Board, Health and Human Services Commission, and the Department of State Health Services—are deemed capable of accommodating the bill’s requirements without the need for additional funding or staffing. This indicates that the tasks outlined, such as obtaining written consent and providing the mandated information, are not expected to generate substantial administrative or financial burdens.

Regarding local government, the LBB also projects no significant fiscal impact. This assessment implies that the requirements imposed by the bill on healthcare providers will not necessitate financial support from local governmental entities. Therefore, the bill’s implementation is expected to proceed without necessitating new appropriations or significant changes to local budgets.

In summary, HB 4535 is anticipated to be fiscally neutral, both at the state and local levels, as any associated costs are expected to be absorbed within existing resources and infrastructure.

Vote Recommendation Notes

HB 4535 aligns with core liberty principles by prioritizing individual liberty, personal responsibility, and limited government intervention in medical decision-making. The bill addresses significant concerns raised during the COVID-19 pandemic, specifically regarding the lack of informed consent and the protection of parental rights. It establishes clear requirements for healthcare providers to obtain written informed consent before administering COVID-19 vaccines, particularly for minors and individuals who lack the capacity to consent. By doing so, the bill reinforces the fundamental principle of personal autonomy in healthcare decisions.

The bill also promotes transparency and accountability by mandating that healthcare providers deliver a standardized information sheet, which the Department of State Health Services (DSHS) is responsible for developing. This sheet will include critical information about vaccine risks, the development process, liability issues, and the federal Vaccine Adverse Event Reporting System (VAERS). These measures ensure that individuals and families have access to comprehensive, factual information before consenting to vaccination, thus protecting their right to make informed decisions.

Furthermore, HB 4535 exemplifies limited government by not imposing new criminal penalties or granting additional rulemaking authority. Instead, it relies on existing regulatory frameworks to enforce compliance. This measured approach balances public health considerations with individual rights, avoiding unnecessary expansion of government powers. Additionally, the Legislative Budget Board (LBB) determined that the bill has no significant fiscal impact on the state or local governments, as existing resources can support its implementation.

Given the bill’s alignment with core liberty principles and its reasonable approach to addressing public health concerns without expanding government power, Texas Policy Research recommends that lawmakers vote YES on HB 4535.

  • Individual Liberty: HB 4535 strongly supports individual liberty by ensuring that every person has the right to make informed medical decisions regarding COVID-19 vaccination. By mandating written informed consent before vaccination, the bill protects the autonomy of individuals, particularly minors and those who may lack mental capacity. It acknowledges that the decision to receive a medical treatment should be made freely and with adequate information, thus reinforcing the principle that individuals should not be subject to medical procedures without their explicit approval.
  • Personal Responsibility: The bill places a significant emphasis on personal responsibility by requiring individuals (or their guardians) to actively provide consent after receiving comprehensive information about the COVID-19 vaccine. This aligns with the principle that individuals should be accountable for their own healthcare choices. By ensuring that the decision to vaccinate is well-informed, HB 4535 encourages citizens to take responsibility for understanding the potential risks and benefits of medical interventions.
  • Free Enterprise: HB 4535 has a neutral impact on free enterprise. While it introduces requirements for healthcare providers to secure informed consent, it does not hinder the ability of medical professionals or healthcare institutions to offer COVID-19 vaccinations. Instead, it sets clear guidelines to ensure ethical practices, thereby maintaining public trust in healthcare services. By promoting transparency and accountability, the bill indirectly supports a healthcare market where patients can make informed choices without coercion or lack of information.
  • Private Property Rights: The bill does not directly impact private property rights. However, it indirectly supports the broader notion of personal sovereignty, which can be conceptually linked to the ownership of one’s body and the right to make decisions about medical interventions. By safeguarding the right to consent, the bill respects an individual’s control over their own healthcare decisions.
  • Limited Government: HB 4535 upholds the principle of limited government by focusing on protecting individual rights without unnecessarily expanding state power. The bill does not create new criminal offenses or impose harsh penalties but instead utilizes existing regulatory frameworks for enforcement. This approach ensures that healthcare providers who violate informed consent protocols are held accountable through established disciplinary mechanisms, rather than introducing new governmental controls or punitive measures.
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