Itz v. Penick

DANIEL, Justice.

This is a direct appeal to this Court under Article V, Section 3-b of the Constitution of the State of Texas, Vernon’s Ann. St., Article 1738a and Rule 499a 1 challenging the constitutionality of Section 2.09 of the Education Code, V.T.C.A., the State’s compulsory immunization statute, which provides as follows:

Ҥ 2.09. Immunization.

“(a) No person may be admitted to any elementary or secondary school or institution of higher education unless he has been immunized against diphtheria, rubeola, rubella, tetanus, poliomyelitis, and smallpox, except as provided in Subsection (c).

“(b…