Here is the law, it goes back to at least 1989 and was last amended in 2001. It really is a law, but it is only a misdemeanor. However the misdemeanor goes on the doctor or midwife, not the parent.
Texas Health & Safety Code.
§ 81.091. OPHTHALMIA NEONATORUM PREVENTION; CRIMINAL
PENALTY. (a) A physician, nurse, midwife, or other person in
attendance at childbirth shall use or cause to be used prophylaxis
approved by the board to prevent ophthalmia neonatorum.
(b) A midwife is responsible for the administration of the
prophylaxis to each infant the midwife delivers by:
(1) administering the prophylaxis under standing
delegation orders issued by a licensed physician; or
(2) requiring the prophylaxis to be administered by an
appropriately licensed and trained individual under standing
delegation orders issued by a licensed physician.
(c) Subject to the availability of funds, the department
shall furnish prophylaxis approved by the board free of charge to:
(1) health care providers if the newborn's financially
responsible adult is unable to pay; and
(2) a midwife identified under Chapter 203,
Occupations Code, who requests prophylaxis for administration
under standing delegation orders issued by a licensed physician
under Subsection (b) and subject to the provisions of Subchapter A,
Chapter 157, Occupations Code.
(d) If a physician is not available to issue a standing
delegation order or if no physician will agree to issue a standing
delegation order, a midwife shall administer or cause to be
administered by an appropriately trained and licensed individual
prophylaxis approved by the Texas Board of Health to prevent
ophthalmia neonatorum to each infant that the midwife delivers.
(e) Administration and possession by a midwife of
prophylaxis under this section is not a violation of Chapter 483.
(f) A health care provider may not charge for prophylaxis
received free from the department.
(g) A person commits an offense if the person is a physician
or other person in attendance on a pregnant woman either during
pregnancy or at delivery and fails to perform a duty required by
this section. An offense under this section is a Class B
(h) In this section, "financially responsible adult" means
a parent, guardian, spouse, or any other person whom the laws of
this state hold responsible for the debts incurred as a result of
hospitalization or treatment.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 158, § 24, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1420, § 14.772, eff. Sept. 1, 2001.