Tex. Health & Safety Code § 161.004 · Subchapter A. IMMUNIZATIONS
STATEWIDE IMMUNIZATION OF CHILDREN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm
- Text hash
- sha256 47f2b378008e06ed2d6d556b35195c616223ffcb9bfd929f0a93f01532a7bd75
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 6 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 161.004. Each shows the citation as that text prints it.
Government Code
Health and Safety Code
- Tex. Health & Safety Code § 161.001LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS IMMUNIZATION.Printed as Section 161.004
- Tex. Health & Safety Code § 161.0041IMMUNIZATION EXEMPTION AFFIDAVIT FORM.Printed as Section 161.004
- Tex. Health & Safety Code § 161.007IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.Printed as Section 161.004(d)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.