Tex. Health & Safety Code § 161.0041 · Subchapter A. IMMUNIZATIONS
IMMUNIZATION EXEMPTION AFFIDAVIT FORM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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) The department shall develop a blank affidavit form for a person to use in claiming an exemption from a required immunization under this section and post the affidavit form in a printable format on the department's Internet website. A person claiming an exemption from a required immunization may also obtain the affidavit form by submitting a written request for the affidavit form to the department. A person may not be required to provide any information to obtain a blank affidavit form under this subsection.
(d) 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 may maintain a record of the total number of times an affidavit form was accessed on the department's Internet website or requested under Subsection (c). The department may not maintain a record of any personally identifying information of individuals who download, access, request, or submit an affidavit form under this section.
Notes and commentary — not statutory text
History
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.
Acts 2025, 89th Leg., R.S., Ch. 563 (H.B. 1586), Sec. 1, eff. September 1, 2025.
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 affefce5e744cf0d2e08b25d77eba194ad903b1c9d7de6e3892ac1217b3026cc
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
- Tex. Educ. Code § 38.001IMMUNIZATION; REQUIREMENTS; EXCEPTIONS.Printed as Section 38.001, 51.9192, or 51.933, Education Code
- Tex. Educ. Code § 51.9192BACTERIAL MENINGITIS VACCINATION REQUIRED FOR CERTAIN STUDENTS; EXCEPTIONS.Printed as Section 38.001, 51.9192, or 51.933, Education Code
- Tex. Educ. Code § 51.933IMMUNIZATION REQUIREMENTS; EXCEPTION.Printed as Section 38.001, 51.9192, or 51.933, Education Code
Health and Safety Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 161.0041. Each shows the citation as that text prints it.
Education Code
- Tex. Educ. Code § 38.001IMMUNIZATION; REQUIREMENTS; EXCEPTIONS.Printed as Section 161.0041, Health and Safety Code
- Tex. Educ. Code § 51.9192BACTERIAL MENINGITIS VACCINATION REQUIRED FOR CERTAIN STUDENTS; EXCEPTIONS.Printed as Section 161.0041, Health and Safety Code
- Tex. Educ. Code § 51.933IMMUNIZATION REQUIREMENTS; EXCEPTION.Printed as Section 161.0041, Health and Safety Code
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.