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89(R) HB 2967 - Engrossed version - Bill Text
By: Dutton, Simmons
H.B. No. 2967
A BILL TO BE ENTITLED
AN ACT
relating to vision screenings for public and private school
students, including vision screening information reporting for
public school students, and to the creation of a vision care grant
program for certain students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.035, 38.0351, and 38.0352 to read as
follows:
Sec.
38.035.
VISION SCREENING REPORTING. (a)
Not later
than May 31 of each year, the agency shall post on the agency's
Internet website a report regarding the number of students in each
school district identified as having a vision disorder or other
vision problem requiring vision care under the screening program
described by Section 36.004, Health and Safety Code, disaggregated
by:
(1) grade level;
(2) campus;
(3) gender;
(4) race;
(5) ethnicity;
(6)
whether the student is educationally
disadvantaged;
(7)
the number of times the student was previously
identified as having a vision disorder or other vision problem;
(8) the identified vision disorder or problem; and
(9)
the type of screening equipment used for the
screening.
(b)
The commissioner by rule shall require each school
district to report to the agency information necessary for the
agency to prepare the report required by this section.
(c)
The agency shall store and maintain information
reported to the agency under this section using the data management
system described by Section 38.0352.
Sec.
38.0351.
VISION CARE GRANT PROGRAM FOR CERTAIN
STUDENTS.
(a)
In this section:
(1) "Eligible student" means a student who:
(A)
has been identified as having a vision
disorder or other vision problem under the screening program
described by Section 36.004, Health and Safety Code; and
(B) is educationally disadvantaged.
(2)
"Vision care"
includes eye exams and assistive or
corrective visual devices, such as glasses or contact lenses
dispensed under a prescription.
(b)
From money appropriated or otherwise available for that
purpose, the agency shall establish and administer a grant program
for the purpose of awarding grants to cover the costs of:
(1)
screening eligible students
for vision disorders
or other vision problems; and
(2)
providing vision care to eligible students
identified as having a vision disorder or other vision problem.
(c)
The agency shall develop eligibility and selection
criteria for grant applicants.
(d)
The commissioner shall adopt the rules necessary to
administer the grant program established under this section.
(e)
The agency may award a grant under this section only in
accordance with a contract between the agency and grant recipient.
The contract must include provisions under which the agency is
granted sufficient control to ensure the public purpose of
providing vision care to eligible students is accomplished and this
state receives the return benefit.
(f) Money allocated under this section:
(1)
may only be used to cover the costs associated with
providing vision care to eligible students; and
(2)
may not be used to supplant any other money
provided for the same purpose.
(g)
The agency may solicit and accept gifts, grants, and
donations for the purpose of implementing the grant program
established under this section.
Sec.
38.0352.
ACQUISITION OF DATA MANAGEMENT SYSTEM. (a)
The agency shall acquire and maintain a third-party data management
system to facilitate the reporting of information to the agency
under Section 38.035 and to maintain any information under Section
38.0351 as the agency determines necessary.
(b)
The data management system the agency acquires and
maintains under Subsection (a) must comply with any applicable
federal and state privacy laws.
(c)
The agency may enter into a memorandum of understanding
with the Health and Human Services Commission for the commission to
utilize the data management system the agency acquires and
maintains under Subsection (a) in conducting the screening program
for vision disorders under Section 36.004, Health and Safety Code.
SECTION 2. Section 36.004(b-1), Health and Safety Code, is
amended to read as follows:
(b-1) The rules must allow an individual who attends a
public or private school to be screened:
(1) using photoscreening to detect vision disorders;
[
and
]
(2) using an electronic eye chart as a substitute for a
printed eye chart to assess visual acuity
; and
(3)
using visual screening techniques to detect depth
perception issues and color blindness
.
SECTION 3. Section 36.006, Health and Safety Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1)
The form prescribed by the department under
Subsection (a) must include:
(1)
separate spaces for the student's first and last
name;
(2) a space for the preschool's or school's name;
(3) a space for the student's grade level;
(4)
information for a student's parent regarding
available resources for low-cost vision care; and
(5)
information for a student's parent regarding the
student's potential eligibility to receive benefits under the child
health plan program, as defined by Section 521.0001, Government
Code.
(a-2)
The department shall biennially update the form
information required under Subsection (a-1)(4).
SECTION 4. (a) Not later than December 1, 2025, the
commissioner of education shall adopt rules necessary to implement
Sections 38.035, 38.0351, and 38.0352, Education Code, as added by
this Act.
(b) Not later than December 1, 2025, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement the changes in law made by this
Act to Chapter 36, Health and Safety Code.
SECTION 5. This Act takes effect September 1, 2025.