Texas 2019 - 86th Regular

Texas House Bill HB1142 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1142
	1	+	By: Lambert (Senate Sponsor - Buckingham) H.B. No. 1142
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 6, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 6, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation and operations of health care provider
6	12		participation programs in certain counties.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
9	15		amended by adding Chapter 293C to read as follows:
10	16		CHAPTER 293C. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
11	17		CERTAIN COUNTIES NOT BORDERING CERTAIN POPULOUS COUNTIES
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 293C.001. DEFINITIONS. In this chapter:
14	20		(1) "Institutional health care provider" means a
15	21		nonpublic hospital that provides inpatient hospital services.
16	22		(2) "Paying hospital" means an institutional health
17	23		care provider required to make a mandatory payment under this
18	24		chapter.
19	25		(3) "Program" means a county health care provider
20	26		participation program authorized by this chapter.
21	27		Sec. 293C.002. APPLICABILITY. This chapter applies only to
22	28		a county that:
23	29		(1) is not served by a hospital district or a public
24	30		hospital;
25	31		(2) has a population of more than 125,000 and less than
26	32		140,000; and
27	33		(3) is not adjacent to a county with a population of
28	34		one million or more.
29	35		Sec. 293C.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
30	36		PROGRAM. (a) A county health care provider participation program
31	37		authorizes a county to collect a mandatory payment from each
32	38		institutional health care provider located in the county to be
33	39		deposited in a local provider participation fund established by the
34	40		county. Money in the fund may be used by the county to fund certain
35	41		intergovernmental transfers and indigent care programs as provided
36	42		by this chapter.
37	43		(b) The commissioners court of a county may adopt an order
38	44		authorizing the county to participate in the program, subject to
39	45		the limitations provided by this chapter.
40	46		SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
41	47		Sec. 293C.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
42	48		PAYMENT. The commissioners court of a county may require a
43	49		mandatory payment authorized under this chapter by an institutional
44	50		health care provider in the county only in the manner provided by
45	51		this chapter.
46	52		Sec. 293C.052. MAJORITY VOTE REQUIRED. The commissioners
47	53		court of a county may not authorize the county to collect a
48	54		mandatory payment authorized under this chapter without an
49	55		affirmative vote of a majority of the members of the commissioners
50	56		court.
51	57		Sec. 293C.053. RULES AND PROCEDURES. After the
52	58		commissioners court of a county has voted to require a mandatory
53	59		payment authorized under this chapter, the commissioners court may
54	60		adopt rules relating to the administration of the mandatory
55	61		payment.
56	62		Sec. 293C.054. INSTITUTIONAL HEALTH CARE PROVIDER
57	63		REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
58	64		county that collects a mandatory payment authorized under this
59	65		chapter shall require each institutional health care provider
60	66		located in the county to submit to the county a copy of any
61	67		financial and utilization data required by and reported to the
62	68		Department of State Health Services under Sections 311.032 and
63	69		311.033 and any rules adopted by the executive commissioner of the
64	70		Health and Human Services Commission to implement those sections.
65	71		(b) The commissioners court of a county that collects a
66	72		mandatory payment authorized under this chapter may inspect the
67	73		records of an institutional health care provider to the extent
68	74		necessary to ensure compliance with the requirements of Subsection
69	75		(a).
70	76		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
71	77		Sec. 293C.101. HEARING. (a) Each year, the commissioners
72	78		court of a county that collects a mandatory payment authorized
73	79		under this chapter shall hold a public hearing on the amounts of any
74	80		mandatory payments that the commissioners court intends to require
75	81		during the year.
76	82		(b) Not later than the fifth day before the date of the
77	83		hearing required under Subsection (a), the commissioners court of
78	84		the county shall publish notice of the hearing in a newspaper of
79	85		general circulation in the county.
80	86		(c) A representative of a paying hospital is entitled to
81	87		appear at the public hearing and be heard regarding any matter
82	88		related to the mandatory payments authorized under this chapter.
83	89		Sec. 293C.102. DEPOSITORY. (a) The commissioners court of
84	90		each county that collects a mandatory payment authorized under this
85	91		chapter by resolution shall designate one or more banks located in
86	92		the county as the depository for mandatory payments received by the
87	93		county.
88	94		(b) All income received by a county under this chapter,
89	95		including the revenue from mandatory payments remaining after
90	96		discounts and fees for assessing and collecting the payments are
91	97		deducted, shall be deposited with the county depository in the
92	98		county's local provider participation fund and may be withdrawn
93	99		only as provided by this chapter.
94	100		(c) All funds under this chapter shall be secured in the
95	101		manner provided for securing county funds.
96	102		Sec. 293C.103. LOCAL PROVIDER PARTICIPATION FUND;
97	103		AUTHORIZED USES OF MONEY. (a) Each county that collects a
98	104		mandatory payment authorized under this chapter shall create a
99	105		local provider participation fund.
100	106		(b) The local provider participation fund of a county
101	107		consists of:
102	108		(1) all revenue received by the county attributable to
103	109		mandatory payments authorized under this chapter, including any
104	110		penalties and interest attributable to delinquent payments;
105	111		(2) money received from the Health and Human Services
106	112		Commission as a refund of an intergovernmental transfer from the
107	113		county to the state for the purpose of providing the nonfederal
108	114		share of Medicaid supplemental payment program payments, provided
109	115		that the intergovernmental transfer does not receive a federal
110	116		matching payment; and
111	117		(3) the earnings of the fund.
112	118		(c) Money deposited to the local provider participation
113	119		fund may be used only to:
114	120		(1) fund intergovernmental transfers from the county
115	121		to the state to provide:
116	122		(A) the nonfederal share of a Medicaid
117	123		supplemental payment program authorized under the state Medicaid
118	124		plan, the Texas Healthcare Transformation and Quality Improvement
119	125		Program waiver issued under Section 1115 of the federal Social
120	126		Security Act (42 U.S.C. Section 1315), or a successor waiver
121	127		program authorizing similar Medicaid supplemental payment
122	128		programs; or
123	129		(B) payments to Medicaid managed care
124	130		organizations that are dedicated for payment to hospitals;
125	131		(2) subsidize indigent programs;
126	132		(3) pay the administrative expenses of the county
127	133		solely for activities under this chapter;
128	134		(4) refund a portion of a mandatory payment collected
129	135		in error from a paying hospital; and
130	136		(5) refund to paying hospitals the proportionate share
131	137		of money received by the county that is not used to fund the
132	138		nonfederal share of Medicaid supplemental payment program
133	139		payments.
134	140		(d) Money in the local provider participation fund may not
135	141		be commingled with other county funds.
136	142		(e) An intergovernmental transfer of funds described by
137	143		Subsection (c)(1) and any funds received by the county as a result
138	144		of an intergovernmental transfer described by that subsection may
139	145		not be used by the county or any other entity to expand Medicaid
140	146		eligibility under the Patient Protection and Affordable Care Act
141	147		(Pub. L. No. 111-148) as amended by the Health Care and Education
142	148		Reconciliation Act of 2010 (Pub. L. No. 111-152).
143	149		SUBCHAPTER D. MANDATORY PAYMENTS
144	150		Sec. 293C.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
145	151		NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
146	152		commissioners court of a county that collects a mandatory payment
147	153		authorized under this chapter may require an annual mandatory
148	154		payment to be assessed on the net patient revenue of each
149	155		institutional health care provider located in the county. The
150	156		commissioners court may provide for the mandatory payment to be
151	157		assessed quarterly. In the first year in which the mandatory
152	158		payment is required, the mandatory payment is assessed on the net
153	159		patient revenue of an institutional health care provider as
154	160		determined by the data reported to the Department of State Health
155	161		Services under Sections 311.032 and 311.033 in the fiscal year
156	162		ending in 2017 or, if the institutional health care provider did not
157	163		report any data under those sections in that fiscal year, as
158	164		determined by the institutional health care provider's Medicare
159	165		cost report submitted for the 2017 fiscal year or for the closest
160	166		subsequent fiscal year for which the provider submitted the
161	167		Medicare cost report. The county shall update the amount of the
162	168		mandatory payment on an annual basis.
163	169		(b) The amount of a mandatory payment authorized under this
164	170		chapter must be uniformly proportionate with the amount of net
165	171		patient revenue generated by each paying hospital in the county. A
166	172		mandatory payment authorized under this chapter may not hold
167	173		harmless any institutional health care provider, as required under
168	174		42 U.S.C. Section 1396b(w).
169	175		(c) The commissioners court of a county that collects a
170	176		mandatory payment authorized under this chapter shall set the
171	177		amount of the mandatory payment. The amount of the mandatory
172	178		payment required of each paying hospital may not exceed six percent
173	179		of the hospital's net patient revenue.
174	180		(d) Subject to the maximum amount prescribed by Subsection
175	181		(c), the commissioners court of a county that collects a mandatory
176	182		payment authorized under this chapter shall set the mandatory
177	183		payments in amounts that in the aggregate will generate sufficient
178	184		revenue to cover the administrative expenses of the county for
179	185		activities under this chapter, to fund an intergovernmental
180	186		transfer described by Section 293C.103(c)(1), and to pay for
181	187		indigent programs, except that the amount of revenue from mandatory
182	188		payments used for administrative expenses of the county for
183	189		activities under this chapter in a year may not exceed the lesser of
184	190		four percent of the total revenue generated from the mandatory
185	191		payment or $20,000.
186	192		(e) A paying hospital may not add a mandatory payment
187	193		required under this section as a surcharge to a patient.
188	194		Sec. 293C.152. ASSESSMENT AND COLLECTION OF MANDATORY
189	195		PAYMENTS. The county may collect or contract for the assessment and
190	196		collection of mandatory payments authorized under this chapter.
191	197		Sec. 293C.153. INTEREST, PENALTIES, AND DISCOUNTS.
192	198		Interest, penalties, and discounts on mandatory payments required
193	199		under this chapter are governed by the law applicable to county ad
194	200		valorem taxes.
195	201		Sec. 293C.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
196	202		PROCEDURE. (a) The purpose of this chapter is to generate revenue
197	203		by collecting from institutional health care providers a mandatory
198	204		payment to be used to provide an intergovernmental transfer
199	205		described by Section 293C.103(c)(1).
200	206		(b) To the extent any provision or procedure under this
201	207		chapter causes a mandatory payment authorized under this chapter to
202	208		be ineligible for federal matching funds, the county may provide by
203	209		rule for an alternative provision or procedure that conforms to the
204	210		requirements of the federal Centers for Medicare and Medicaid
205	211		Services.
206		-	SECTION 2. Subtitle D, Title 4, Health and Safety Code, is
207		-	amended by adding Chapter 298E to read as follows:
208		-	CHAPTER 298E. HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN CERTAIN
209		-	HOSPITAL DISTRICTS
210		-	SUBCHAPTER A. GENERAL PROVISIONS
211		-	Sec. 298E.001. DEFINITIONS. In this chapter:
212		-	(1) "Board" means the board of hospital managers of a
213		-	district.
214		-	(2) "District" means a hospital district to which this
215		-	chapter applies.
216		-	(3) "Institutional health care provider" means a
217		-	hospital that is not owned and operated by a federal, state, or
218		-	local government and provides inpatient hospital services.
219		-	(4) "Paying provider" means an institutional health
220		-	care provider required to make a mandatory payment under this
221		-	chapter.
222		-	(5) "Program" means a health care provider
223		-	participation program authorized by this chapter.
224		-	Sec. 298E.002. APPLICABILITY. This chapter applies only to
225		-	a hospital district created in a county with a population of more
226		-	than 800,000 that was not included in the boundaries of a hospital
227		-	district before September 1, 2003.
228		-	Sec. 298E.003. HEALTH CARE PROVIDER PARTICIPATION PROGRAM;
229		-	PARTICIPATION IN PROGRAM. The board of a district may authorize the
230		-	district to participate in a health care provider participation
231		-	program on the affirmative vote of a majority of the board, subject
232		-	to the provisions of this chapter.
233		-	Sec. 298E.004. EXPIRATION. (a) Subject to Section
234		-	298E.153(d), the authority of a district to administer and operate
235		-	a program under this chapter expires December 31, 2023.
236		-	(b) This chapter expires December 31, 2023.
237		-	SUBCHAPTER B. POWERS AND DUTIES OF BOARD
238		-	Sec. 298E.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
239		-	PAYMENT. The board of a district may require a mandatory payment
240		-	authorized under this chapter by an institutional health care
241		-	provider located in the district only in the manner provided by this
242		-	chapter.
243		-	Sec. 298E.052. RULES AND PROCEDURES. The board of a
244		-	district may adopt rules relating to the administration of the
245		-	program, including collection of the mandatory payments,
246		-	expenditures, audits, and any other administrative aspects of the
247		-	program.
248		-	Sec. 298E.053. INSTITUTIONAL HEALTH CARE PROVIDER
249		-	REPORTING. If the board of a district authorizes the district to
250		-	participate in a program under this chapter, the board shall
251		-	require each institutional health care provider located in the
252		-	district to submit to the district a copy of any financial and
253		-	utilization data required by and reported to the Department of
254		-	State Health Services under Sections 311.032 and 311.033 and any
255		-	rules adopted by the executive commissioner of the Health and Human
256		-	Services Commission to implement those sections.
257		-	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
258		-	Sec. 298E.101. HEARING. (a) In each year that the board of
259		-	a district authorizes a program under this chapter, the board shall
260		-	hold a public hearing on the amounts of any mandatory payments that
261		-	the board intends to require during the year and how the revenue
262		-	derived from those payments is to be spent.
263		-	(b) Not later than the fifth day before the date of the
264		-	hearing required under Subsection (a), the board shall publish
265		-	notice of the hearing in a newspaper of general circulation in the
266		-	district and provide written notice of the hearing to each
267		-	institutional health care provider located in the district.
268		-	Sec. 298E.102. DEPOSITORY. (a) If the board of a district
269		-	requires a mandatory payment authorized under this chapter, the
270		-	board shall designate one or more banks as a depository for the
271		-	district's local provider participation fund.
272		-	(b) All funds collected by a district under this chapter
273		-	shall be secured in the manner provided for securing other funds of
274		-	the district.
275		-	Sec. 298E.103. LOCAL PROVIDER PARTICIPATION FUND;
276		-	AUTHORIZED USES OF MONEY. (a) If a district requires a mandatory
277		-	payment authorized under this chapter, the district shall create a
278		-	local provider participation fund.
279		-	(b) A district's local provider participation fund consists
280		-	of:
281		-	(1) all revenue received by the district attributable
282		-	to mandatory payments authorized under this chapter;
283		-	(2) money received from the Health and Human Services
284		-	Commission as a refund of an intergovernmental transfer under the
285		-	program, provided that the intergovernmental transfer does not
286		-	receive a federal matching payment; and
287		-	(3) the earnings of the fund.
288		-	(c) Money deposited to the local provider participation
289		-	fund of a district may be used only to:
290		-	(1) fund intergovernmental transfers from the
291		-	district to the state to provide the nonfederal share of Medicaid
292		-	payments for:
293		-	(A) uncompensated care payments to hospitals in
294		-	the Medicaid managed care service area in which the district is
295		-	located, if those payments are authorized under the Texas
296		-	Healthcare Transformation and Quality Improvement Program waiver
297		-	issued under Section 1115 of the federal Social Security Act (42
298		-	U.S.C. Section 1315);
299		-	(B) uniform rate enhancements for hospitals in
300		-	the Medicaid managed care service area in which the district is
301		-	located;
302		-	(C) payments available under another waiver
303		-	program authorizing payments that are substantially similar to
304		-	Medicaid payments to hospitals described by Paragraph (A) or (B);
305		-	or
306		-	(D) any reimbursement to hospitals for which
307		-	federal matching funds are available;
308		-	(2) subject to Section 298E.151(d), pay the
309		-	administrative expenses of the district in administering the
310		-	program, including collateralization of deposits;
311		-	(3) refund a mandatory payment collected in error from
312		-	a paying provider;
313		-	(4) refund to paying providers a proportionate share
314		-	of the money that the district:
315		-	(A) receives from the Health and Human Services
316		-	Commission that is not used to fund the nonfederal share of Medicaid
317		-	supplemental payment program payments; or
318		-	(B) determines cannot be used to fund the
319		-	nonfederal share of Medicaid supplemental payment program
320		-	payments;
321		-	(5) transfer funds to the Health and Human Services
322		-	Commission if the district is legally required to transfer the
323		-	funds to address a disallowance of federal matching funds with
324		-	respect to programs for which the district made intergovernmental
325		-	transfers described by Subdivision (1); and
326		-	(6) reimburse the district if the district is required
327		-	by the rules governing the uniform rate enhancement program
328		-	described by Subdivision (1)(B) to incur an expense or forego
329		-	Medicaid reimbursements from the state because the balance of the
330		-	local provider participation fund is not sufficient to fund that
331		-	rate enhancement program.
332		-	(d) Money in the local provider participation fund of a
333		-	district may not be commingled with other district funds.
334		-	(e) Notwithstanding any other provision of this chapter,
335		-	with respect to an intergovernmental transfer of funds described by
336		-	Subsection (c)(1) made by a district, any funds received by the
337		-	state, district, or other entity as a result of that transfer may
338		-	not be used by the state, district, or any other entity to:
339		-	(1) expand Medicaid eligibility under the Patient
340		-	Protection and Affordable Care Act (Pub. L. No. 111-148) as amended
341		-	by the Health Care and Education Reconciliation Act of 2010 (Pub. L.
342		-	No. 111-152); or
343		-	(2) fund the nonfederal share of payments to hospitals
344		-	available through the Medicaid disproportionate share hospital
345		-	program or the delivery system reform incentive payment program.
346		-	SUBCHAPTER D. MANDATORY PAYMENTS
347		-	Sec. 298E.151. MANDATORY PAYMENTS BASED ON PAYING PROVIDER
348		-	NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if
349		-	the board of a district authorizes a health care provider
350		-	participation program under this chapter, the board may require an
351		-	annual mandatory payment to be assessed on the net patient revenue
352		-	of each institutional health care provider located in the district.
353		-	The board may provide for the mandatory payment to be assessed
354		-	quarterly. In the first year in which the mandatory payment is
355		-	required, the mandatory payment is assessed on the net patient
356		-	revenue of an institutional health care provider as reported in the
357		-	provider's Medicare cost report submitted for the most recent
358		-	fiscal year for which the provider submitted a Medicare cost
359		-	report. If the mandatory payment is required, the district shall
360		-	update the amount of the mandatory payment on an annual basis.
361		-	(b) The amount of a mandatory payment assessed under this
362		-	chapter by the board of a district must be uniformly proportionate
363		-	with the amount of net patient revenue generated by each paying
364		-	provider in the district as permitted under federal law. A health
365		-	care provider participation program authorized under this chapter
366		-	may not hold harmless any institutional health care provider
367		-	located in the district, as required under 42 U.S.C. Section
368		-	1396b(w).
369		-	(c) If the board of a district requires a mandatory payment
370		-	authorized under this chapter, the board shall set the amount of the
371		-	mandatory payment, subject to the limitations of this chapter. The
372		-	aggregate amount of the mandatory payments required of all paying
373		-	providers in the district may not exceed six percent of the
374		-	aggregate net patient revenue from hospital services provided by
375		-	all paying providers in the district.
376		-	(d) Subject to Subsection (c), if the board of a district
377		-	requires a mandatory payment authorized under this chapter, the
378		-	board shall set the mandatory payments in amounts that in the
379		-	aggregate will generate sufficient revenue to cover the
380		-	administrative expenses of the district for activities under this
381		-	chapter and to fund an intergovernmental transfer described by
382		-	Section 298E.103(c)(1). The annual amount of revenue from
383		-	mandatory payments that shall be paid for administrative expenses
384		-	by the district is $150,000, plus the cost of collateralization of
385		-	deposits, regardless of actual expenses.
386		-	(e) A paying provider may not add a mandatory payment
387		-	required under this section as a surcharge to a patient.
388		-	(f) A mandatory payment assessed under this chapter is not a
389		-	tax for hospital purposes for purposes of Section 4, Article IX,
390		-	Texas Constitution, or Section 281.045 of this code.
391		-	Sec. 298E.152. ASSESSMENT AND COLLECTION OF MANDATORY
392		-	PAYMENTS. (a) A district may designate an official of the district
393		-	or contract with another person to assess and collect the mandatory
394		-	payments authorized under this chapter.
395		-	(b) The person charged by the district with the assessment
396		-	and collection of mandatory payments shall charge and deduct from
397		-	the mandatory payments collected for the district a collection fee
398		-	in an amount not to exceed the person's usual and customary charges
399		-	for like services.
400		-	(c) If the person charged with the assessment and collection
401		-	of mandatory payments is an official of the district, any revenue
402		-	from a collection fee charged under Subsection (b) shall be
403		-	deposited in the district general fund and, if appropriate, shall
404		-	be reported as fees of the district.
405		-	Sec. 298E.153. PURPOSE; CORRECTION OF INVALID PROVISION OR
406		-	PROCEDURE; LIMITATION OF AUTHORITY. (a) The purpose of this
407		-	chapter is to authorize a district to establish a program to enable
408		-	the district to collect mandatory payments from institutional
409		-	health care providers to fund the nonfederal share of a Medicaid
410		-	supplemental payment program or the Medicaid managed care rate
411		-	enhancements for hospitals to support the provision of health care
412		-	by institutional health care providers located in the district to
413		-	district residents in need of health care.
414		-	(b) This chapter does not authorize a district to collect
415		-	mandatory payments for the purpose of raising general revenue or
416		-	any amount in excess of the amount reasonably necessary to fund the
417		-	nonfederal share of a Medicaid supplemental payment program or
418		-	Medicaid managed care rate enhancements for hospitals and to cover
419		-	the administrative expenses of the district associated with
420		-	activities under this chapter.
421		-	(c) To the extent any provision or procedure under this
422		-	chapter causes a mandatory payment authorized under this chapter to
423		-	be ineligible for federal matching funds, the board of a district
424		-	may provide by rule for an alternative provision or procedure that
425		-	conforms to the requirements of the federal Centers for Medicare
426		-	and Medicaid Services. A rule adopted under this section may not
427		-	create, impose, or materially expand the legal or financial
428		-	liability or responsibility of the district or an institutional
429		-	health care provider in the district beyond the provisions of this
430		-	chapter. This section does not require the board to adopt a rule.
431		-	(d) A district may only assess and collect a mandatory
432		-	payment authorized under this chapter if a waiver program, uniform
433		-	rate enhancement, or reimbursement described by Section
434		-	298E.103(c)(1) is available to the district.
435		-	SECTION 3. As soon as practicable after the expiration of
436		-	the authority of a hospital district to administer and operate a
437		-	health care provider participation program under Chapter 298E,
438		-	Health and Safety Code, as added by this Act, the board of hospital
439		-	managers of the hospital district shall transfer to each
440		-	institutional health care provider in the district that provider's
441		-	proportionate share of any remaining funds in any local provider
442		-	participation fund created by the district under Section 298E.103,
443		-	Health and Safety Code, as added by this Act.
444		-	SECTION 4. If before implementing any provision of this Act
	212	+	SECTION 2. If before implementing any provision of this Act
445	213		a state agency determines that a waiver or authorization from a
446	214		federal agency is necessary for implementation of that provision,
447	215		the agency affected by the provision shall request the waiver or
448	216		authorization and may delay implementing that provision until the
449	217		waiver or authorization is granted.
450		-	SECTION 5. This Act takes effect immediately if it receives
	218	+	SECTION 3. This Act takes effect immediately if it receives
451	219		a vote of two-thirds of all the members elected to each house, as
452	220		provided by Section 39, Article III, Texas Constitution. If this
453	221		Act does not receive the vote necessary for immediate effect, this
454	222		Act takes effect September 1, 2019.
455		-	______________________________ ______________________________
456		-	President of the Senate Speaker of the House
457		-	I certify that H.B. No. 1142 was passed by the House on April
458		-	16, 2019, by the following vote: Yeas 122, Nays 13, 1 present, not
459		-	voting; and that the House concurred in Senate amendments to H.B.
460		-	No. 1142 on May 14, 2019, by the following vote: Yeas 125, Nays 16,
461		-	2 present, not voting.
462		-	______________________________
463		-	Chief Clerk of the House
464		-	I certify that H.B. No. 1142 was passed by the Senate, with
465		-	amendments, on May 9, 2019, by the following vote: Yeas 31, Nays 0.
466		-	______________________________
467		-	Secretary of the Senate
468		-	APPROVED: __________________
469		-	Date
470		-	__________________
471		-	Governor
	223	+	* * * * *