Texas Register Table of Contents
Texas Department of State Health Services
Proposed Rules Re:
Amending 25 TAC §97.62, §97.64, to provide greater access to affidavits for individuals claiming an exclusion from required immunizations and expand exclusions from compliance for students in institutions of higher education based on religious beliefs, reasons of conscience, and an active duty status with the United States armed forces.
CHAPTER 97. COMMUNICABLE DISEASES
SUBCHAPTER B. IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION
25 TAC §97.62, §97.64
OVERVIEW
The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendment to §97.62, concerning Exclusions from Compliance and §97.64, concerning Required Vaccinations and Exclusions for Students Enrolled in Health-related and Veterinary Courses in Institutions of Higher Education.
BACKGROUND AND PURPOSE
The purpose of the proposal is to comply with Health and Safety Code §161.0041, as amended by House Bill (H.B.) 1586, 89th Legislature, Regular Session, which requires DSHS to develop a blank affidavit form to be used by a person claiming an exemption from a required immunization and make the affidavit form available on the DSHS website. DSHS will post a blank affidavit form on the website for a person to download and submit to their child-care facility, school, or institution of higher education, including students enrolled in health-related and veterinary courses.
The current process requires individuals to request an affidavit form from DSHS, which DSHS must print on security-sealed paper and mail to the requesting individual.
Individuals will print these documents themselves (or request that DSHS send them a blank affidavit, which does not need to be printed on this special paper), and thus DSHS anticipates the volume of requests to decrease to the point we will not need contractors. DSHS also anticipates envelope, postage, and printing costs to decrease.
To comply with H.B. 1586 implementation guidelines beginning with the 2025-2026 school year, a proposal was published in the July 4, 2025, issue of the Texas Register (50 TexReg 3854). DSHS withdrew that rule proposal to ensure the language from H.B. 1586 and related statutes are properly reflected in the Texas Administrative Code. The notice providing that the proposal was withdrawn is published in the July 25, 2025, issue of the Texas Register (50 TexReg 4411). DSHS now proposes these amendments.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §97.62 allows a person claiming exclusion for reasons of conscience, including a religious belief, from a required immunization to obtain an affidavit form by downloading it from the department’s internet website or submitting the request to the department.
The proposed amendment to §97.64 adds new subsection (f) to allow exclusions from compliance for students in institutions of higher education, including students enrolled in health-related and veterinary courses, based on medical contraindications, reasons of conscience, including a religious belief, and active duty with the armed forces of the United States, as defined in §97.62.
The proposal also removes the requirement for the submitted request to include full name and date of birth of child or student. Submitting a request (via online, fax, mail or hand-delivery) will only require a mailing address and number of affidavit forms requested. Those downloading the affidavit will not need to submit any information.
In Addition Re:
Licensing Actions for Radioactive Materials
For more information, please visit this week’s edition of the Texas Register at 50 Tex Reg 5366.
Texas Health and Human Services Commission:
Proposed Rule Reviews Re:
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal of the chapter concerning the State Long-Term Care Ombudsman Program.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 88, State Long-Term Care Ombudsman Program
Adopted Rule Reviews Re:
Adopting Title 26, Part 1, concerning employee misconduct registry.
Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 561, Employee Misconduct Registry
In Addition Re:
Public Notice: Texas State Plan for Medical Assistance Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2025.
Public Notice – Texas State Plan for Medical Assistance Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments will be effective September 1, 2025.
Public Notice – Texas State Plan for Medical Assistance Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments will be effective September 1, 2025.