Texas 2019 - 86th Regular

Texas Senate Bill SB2257 Compare Versions

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11 86R5582 JCG-D
22 By: Kolkhorst S.B. No. 2257
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the authority of certain entities to create and operate
88 health care provider participation programs in counties not served
99 by a hospital district or a public hospital.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
1212 amended by adding Chapter 299 to read as follows:
1313 CHAPTER 299. HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
1414 MULTI-COUNTY DISTRICT
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 299.0001. PURPOSE. The purpose of this chapter is to
1717 authorize certain counties not served by a hospital district or a
1818 public hospital to create a district to administer a health care
1919 provider participation program to provide additional compensation
2020 to hospitals in the district by collecting mandatory payments from
2121 each hospital in the district to be used to provide the nonfederal
2222 share of a Medicaid supplemental payment program and for other
2323 purposes as authorized under this chapter.
2424 Sec. 299.0002. DEFINITIONS. In this chapter:
2525 (1) "Board" means the board of directors of a
2626 district.
2727 (2) "Director" means a member of the board.
2828 (3) "District" means a health care provider
2929 participation district created under this chapter.
3030 (4) "Institutional health care provider" means a
3131 nonpublic hospital that provides inpatient hospital services.
3232 (5) "Paying hospital" means an institutional health
3333 care provider required to make a mandatory payment under this
3434 chapter.
3535 (6) "Program" means a health care provider
3636 participation program authorized by this chapter.
3737 Sec. 299.0003. APPLICABILITY. This chapter applies only to
3838 a county that:
3939 (1) is not participating in a health care provider
4040 participation program authorized under this subtitle;
4141 (2) is not served by a hospital district or public
4242 hospital; and
4343 (3) has only one hospital that is located in the
4444 county.
4545 SUBCHAPTER B. CREATION, OPERATION, AND DISSOLUTION OF DISTRICT
4646 Sec. 299.0021. CREATION BY CONCURRENT ORDERS. (a) Except
4747 as provided by Subsection (b), a county and one or more other
4848 counties may create a district by adopting concurrent orders.
4949 (b) A county or portion of a county that is in the boundaries
5050 of a hospital district may not be a party to the creation of a
5151 district.
5252 (c) A concurrent order to create a district must:
5353 (1) be approved by the governing body of each creating
5454 county;
5555 (2) contain identical provisions; and
5656 (3) define the boundaries of the district to be
5757 coextensive with the combined boundaries of each creating county.
5858 Sec. 299.0022. POWERS. A district may authorize and
5959 administer a health care provider participation program in
6060 accordance with this chapter.
6161 Sec. 299.0023. BOARD OF DIRECTORS. (a) If three or more
6262 counties create a district, the county judge of each county that
6363 creates the district shall appoint one director.
6464 (b) If two counties create a district:
6565 (1) the county judge of the most populous county shall
6666 appoint two directors; and
6767 (2) the county judge of the other county shall appoint
6868 one director.
6969 (c) Directors serve staggered two-year terms, with as near
7070 as possible to one-half of the directors' terms expiring each year.
7171 (d) A vacancy in the office of director shall be filled for
7272 the unexpired term in the same manner as the original appointment.
7373 (e) The board shall elect from among its members a
7474 president. The president may vote and may cast an additional vote
7575 to break a tie.
7676 (f) The board shall also elect from among its members a vice
7777 president.
7878 (g) The board shall appoint a secretary, who need not be a
7979 director.
8080 (h) Each officer of the board serves for a term of one year.
8181 (i) The board shall fill a vacancy in a board office for the
8282 unexpired term.
8383 (j) A majority of the members of the board voting must
8484 concur in a matter relating to the business of the district.
8585 Sec. 299.0024. QUALIFICATIONS FOR OFFICE. (a) To be
8686 eligible to serve as a director, a person must be a resident of the
8787 county that appoints the person under Section 299.0023.
8888 (b) An employee of the district may not serve as a director.
8989 Sec. 299.0025. COMPENSATION. (a) Directors and officers
9090 serve without compensation but may be reimbursed for actual
9191 expenses incurred in the performance of official duties.
9292 (b) Expenses reimbursed under this section must be:
9393 (1) reported in the district's minute book or other
9494 district records; and
9595 (2) approved by the board.
9696 Sec. 299.0026. AUTHORITY TO SUE AND BE SUED. The board may
9797 sue and be sued on behalf of the district.
9898 Sec. 299.0027. DISTRICT FINANCES. Subchapter F, Chapter
9999 287, other than Sections 287.129 and 287.130, applies to the
100100 district in the same manner that those provisions apply to a health
101101 services district created under Chapter 287. This section does not
102102 authorize the district to issue bonds.
103103 Sec. 299.0028. DISSOLUTION. A district shall be dissolved
104104 if the counties that created the district adopt concurrent orders
105105 to dissolve the district and the concurrent orders contain
106106 identical provisions.
107107 Sec. 299.0029. ADMINISTRATION OF PROPERTY, DEBTS, AND
108108 ASSETS AFTER DISSOLUTION. (a) After dissolution of a district
109109 under Section 299.0028, the board shall continue to control and
110110 administer any property, debts, and assets of the district until
111111 all funds have been disposed of and all district debts have been
112112 paid or settled.
113113 (b) As soon as practicable after the dissolution of the
114114 district, the board shall transfer to each institutional health
115115 care provider in the district the provider's proportionate share of
116116 any remaining funds in any local provider participation fund
117117 created by the district under Section 299.0102.
118118 (c) If, after administering any property and assets, the
119119 board determines that the district's property and assets are
120120 insufficient to pay the debts of the district, the district shall
121121 transfer the remaining debts to the counties that created the
122122 district in proportion to the funds contributed to the district by
123123 each county, including a paying hospital in the county.
124124 (d) If, after complying with Subsections (b) and (c) and
125125 administering the property and assets, the board determines that
126126 unused funds remain, the board shall transfer the unused funds to
127127 the counties that created the district in proportion to the funds
128128 contributed to the district by each county, including a paying
129129 hospital in the county.
130130 Sec. 299.0030. ACCOUNTING AFTER DISSOLUTION. After the
131131 district has paid all its debts and has disposed of all its assets
132132 and funds as prescribed by Section 299.0029, the board shall
133133 provide an accounting to each county that created the district. The
134134 accounting must show the manner in which the assets and debts of the
135135 district were distributed.
136136 SUBCHAPTER C. HEALTH CARE PROVIDER PARTICIPATION PROGRAM; POWERS
137137 AND DUTIES OF DISTRICT BOARD
138138 Sec. 299.0051. HEALTH CARE PROVIDER PARTICIPATION PROGRAM.
139139 The board may authorize the district to participate in a health care
140140 provider participation program on the affirmative vote of a
141141 majority of the board, subject to the provisions of this chapter.
142142 Sec. 299.0052. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
143143 PAYMENT. The board may require a mandatory payment authorized
144144 under this chapter by an institutional health care provider in the
145145 district only in the manner provided by this chapter.
146146 Sec. 299.0053. RULES AND PROCEDURES. The board may adopt
147147 rules relating to the administration of the health care provider
148148 participation program in the district, including collection of the
149149 mandatory payments, expenditures, audits, and any other
150150 administrative aspects of the program.
151151 Sec. 299.0054. INSTITUTIONAL HEALTH CARE PROVIDER
152152 REPORTING. If the board authorizes the district to participate in a
153153 health care provider participation program under this chapter, the
154154 board shall require each institutional health care provider located
155155 in the district to submit to the district a copy of any financial
156156 and utilization data required by and reported to the Department of
157157 State Health Services under Sections 311.032 and 311.033 and any
158158 rules adopted by the executive commissioner of the Health and Human
159159 Services Commission to implement those sections.
160160 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
161161 Sec. 299.0101. HEARING. (a) In each year that the board
162162 authorizes a health care provider participation program under this
163163 chapter, the board shall hold a public hearing on the amounts of any
164164 mandatory payments that the board intends to require during the
165165 year and how the revenue derived from those payments is to be spent.
166166 (b) Not later than the fifth day before the date of the
167167 hearing required under Subsection (a), the board shall publish
168168 notice of the hearing in a newspaper of general circulation in each
169169 county that creates the district and provide written notice of the
170170 hearing to the chief operating officer of each institutional health
171171 care provider in the district.
172172 Sec. 299.0102. LOCAL PROVIDER PARTICIPATION FUND;
173173 DEPOSITORY. (a) If the board collects a mandatory payment
174174 authorized under this chapter, the board shall create a local
175175 provider participation fund in one or more banks designated by the
176176 district as a depository for the mandatory payments received by the
177177 district.
178178 (b) The board may withdraw or use money in the local
179179 provider participation fund of the district only for a purpose
180180 authorized under this chapter.
181181 (c) All funds collected under this chapter shall be secured
182182 in the manner provided for securing county funds.
183183 Sec. 299.0103. DEPOSITS TO FUND; AUTHORIZED USES OF MONEY.
184184 (a) The local provider participation fund established under
185185 Section 299.0102 consists of:
186186 (1) all revenue received by the district attributable
187187 to mandatory payments authorized under this chapter, including any
188188 penalties and interest attributable to delinquent payments;
189189 (2) money received from the Health and Human Services
190190 Commission as a refund of an intergovernmental transfer from the
191191 district to the state for the purpose of providing the nonfederal
192192 share of Medicaid supplemental payment program payments, provided
193193 that the intergovernmental transfer does not receive a federal
194194 matching payment; and
195195 (3) the earnings of the fund.
196196 (b) Money deposited to the local provider participation
197197 fund may be used only to:
198198 (1) fund intergovernmental transfers from the
199199 district to the state to provide:
200200 (A) the nonfederal share of a Medicaid
201201 supplemental payment program authorized under the state Medicaid
202202 plan, the Texas Healthcare Transformation and Quality Improvement
203203 Program waiver issued under Section 1115 of the federal Social
204204 Security Act (42 U.S.C. Section 1315), or a successor waiver
205205 program authorizing similar Medicaid supplemental payment
206206 programs; or
207207 (B) payments to Medicaid managed care
208208 organizations that are dedicated for payment to hospitals;
209209 (2) subsidize indigent programs in the district;
210210 (3) pay the administrative expenses of the district
211211 solely for activities under this chapter;
212212 (4) refund a portion of a mandatory payment collected
213213 in error from a paying hospital; and
214214 (5) refund to paying hospitals the proportionate share
215215 of money received by the district that is not used to fund the
216216 nonfederal share of Medicaid supplemental payment program
217217 payments.
218218 (c) Money in the local provider participation fund may not
219219 be commingled with other district funds or other funds of a county
220220 that creates the district.
221221 (d) An intergovernmental transfer of funds described by
222222 Subsection (b)(1) and any funds received by the district as a result
223223 of an intergovernmental transfer described by that subsection may
224224 not be used by the district, a county that created the district, or
225225 any other entity to expand Medicaid eligibility under the Patient
226226 Protection and Affordable Care Act (Pub. L. No. 111-148) as amended
227227 by the Health Care and Education Reconciliation Act of 2010 (Pub. L.
228228 No. 111-152).
229229 Sec. 299.0104. ACCOUNTING OF FUNDS. The district shall
230230 maintain an accounting of the funds received from each county that
231231 creates the district, including a paying hospital in the county.
232232 SUBCHAPTER E. MANDATORY PAYMENTS
233233 Sec. 299.0151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
234234 NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if
235235 the board authorizes a health care provider participation program
236236 under this chapter, the district may require an annual mandatory
237237 payment to be assessed on the net patient revenue of each
238238 institutional health care provider located in the district. The
239239 board may provide for the mandatory payment to be assessed
240240 quarterly. In the first year in which the mandatory payment is
241241 required, the mandatory payment is assessed on the net patient
242242 revenue of an institutional health care provider located in the
243243 district as determined by the data reported to the Department of
244244 State Health Services under Sections 311.032 and 311.033 in the
245245 fiscal year ending in 2017 or, if the institutional health care
246246 provider did not report any data under those sections in that fiscal
247247 year, as determined by the institutional health care provider's
248248 Medicare cost report submitted for the 2017 fiscal year or for the
249249 closest subsequent fiscal year for which the provider submitted the
250250 Medicare cost report. The district shall update the amount of the
251251 mandatory payment on an annual basis.
252252 (b) The amount of a mandatory payment authorized under this
253253 chapter must be uniformly proportionate with the amount of net
254254 patient revenue generated by each paying hospital in the district.
255255 A mandatory payment authorized under this chapter may not hold
256256 harmless any institutional health care provider, as required under
257257 42 U.S.C. Section 1396b(w).
258258 (c) The board shall set the amount of a mandatory payment
259259 authorized under this chapter. The amount of the mandatory payment
260260 required of each paying hospital may not exceed six percent of the
261261 paying hospital's net patient revenue.
262262 (d) Subject to the maximum amount prescribed by Subsection
263263 (c), the board shall set a mandatory payment authorized under this
264264 chapter in amounts that in the aggregate will generate sufficient
265265 revenue to cover the administrative expenses of the district for
266266 activities under this chapter, to fund an intergovernmental
267267 transfer described by Section 299.0103(b)(1), and to pay for
268268 indigent programs in the district, except that the amount of
269269 revenue from mandatory payments used for administrative expenses of
270270 the district for activities under this chapter in a year may not
271271 exceed four percent of the total revenue generated from the
272272 mandatory payment.
273273 (e) A paying hospital may not add a mandatory payment
274274 required under this section as a surcharge to a patient.
275275 Sec. 299.0152. ASSESSMENT AND COLLECTION OF MANDATORY
276276 PAYMENTS. The district may collect or contract for the assessment
277277 and collection of mandatory payments authorized under this chapter.
278278 Sec. 299.0153. INTEREST, PENALTIES, AND DISCOUNTS.
279279 Interest, penalties, and discounts on mandatory payments required
280280 under this chapter are governed by the law applicable to county ad
281281 valorem taxes.
282282 Sec. 299.0154. CORRECTION OF INVALID PROVISION OR
283283 PROCEDURE. To the extent any provision or procedure under this
284284 chapter causes a mandatory payment authorized under this chapter to
285285 be ineligible for federal matching funds, the board may provide by
286286 rule for an alternative provision or procedure that conforms to the
287287 requirements of the federal Centers for Medicare and Medicaid
288288 Services.
289289 SECTION 2. Subtitle D, Title 4, Health and Safety Code, is
290290 amended by adding Chapter 299A to read as follows:
291291 CHAPTER 299A. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
292292 COUNTY NOT SERVED BY HOSPITAL DISTRICT OR PUBLIC HOSPITAL
293293 SUBCHAPTER A. GENERAL PROVISIONS
294294 Sec. 299A.0001. PURPOSE. The purpose of this chapter is to
295295 authorize a county not served by a hospital district or a public
296296 hospital to administer a county health care provider participation
297297 program to provide additional compensation to hospitals in the
298298 county by collecting mandatory payments from each hospital in the
299299 county to be used to provide the nonfederal share of a Medicaid
300300 supplemental payment program and for other purposes as authorized
301301 under this chapter.
302302 Sec. 299A.0002. DEFINITIONS. In this chapter:
303303 (1) "Institutional health care provider" means a
304304 nonpublic hospital that provides inpatient hospital services.
305305 (2) "Paying hospital" means an institutional health
306306 care provider required to make a mandatory payment under this
307307 chapter.
308308 (3) "Program" means a county health care provider
309309 participation program authorized by this chapter.
310310 Sec. 299A.0003. APPLICABILITY. This chapter applies only
311311 to a county that is not served by a hospital district or a public
312312 hospital.
313313 Sec. 299A.0004. COUNTY HEALTH CARE PROVIDER PARTICIPATION
314314 PROGRAM; COUNTY ORDER REQUIRED FOR PARTICIPATION. The
315315 commissioners court of a county may adopt an order authorizing the
316316 county to participate in a health care provider participation
317317 program, subject to the limitations provided by this chapter.
318318 SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
319319 Sec. 299A.0051. LIMITATION ON AUTHORITY TO REQUIRE
320320 MANDATORY PAYMENT. The commissioners court of a county may require
321321 a mandatory payment authorized under this chapter by an
322322 institutional health care provider in the county only in the manner
323323 provided by this chapter.
324324 Sec. 299A.0052. RULES AND PROCEDURES. The commissioners
325325 court of a county may adopt rules relating to the administration of
326326 the health care provider participation program in the county,
327327 including collection of the mandatory payments, expenditures,
328328 audits, and any other administrative aspects of the program.
329329 Sec. 299A.0053. INSTITUTIONAL HEALTH CARE PROVIDER
330330 REPORTING. If the commissioners court of a county authorizes the
331331 county to participate in a health care provider participation
332332 program under this chapter, the commissioners court shall require
333333 each institutional health care provider to submit to the county a
334334 copy of any financial and utilization data required by and reported
335335 to the Department of State Health Services under Sections 311.032
336336 and 311.033 and any rules adopted by the executive commissioner of
337337 the Health and Human Services Commission to implement those
338338 sections.
339339 SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
340340 Sec. 299A.0101. HEARING. (a) In each year that the
341341 commissioners court of a county authorizes a health care provider
342342 participation program under this chapter, the commissioners court
343343 shall hold a public hearing on the amounts of any mandatory payments
344344 that the commissioners court intends to require during the year and
345345 how the revenue derived from those payments is to be spent.
346346 (b) Not later than the fifth day before the date of the
347347 hearing required under Subsection (a), the commissioners court
348348 shall publish notice of the hearing in a newspaper of general
349349 circulation in the county and provide written notice of the hearing
350350 to the chief operating officer of each institutional health care
351351 provider in the county.
352352 Sec. 299A.0102. LOCAL PROVIDER PARTICIPATION FUND;
353353 DEPOSITORY. (a) Each commissioners court of a county that collects
354354 a mandatory payment authorized under this chapter shall create a
355355 local provider participation fund in one or more banks designated
356356 by the county as a depository for the mandatory payments received by
357357 the county.
358358 (b) The commissioners court of a county may withdraw or use
359359 money in the local provider participation fund of the county only
360360 for a purpose authorized under this chapter.
361361 (c) All funds collected under this chapter shall be secured
362362 in the manner provided for securing other county funds.
363363 Sec. 299A.0103. DEPOSITS TO FUND; AUTHORIZED USES OF MONEY.
364364 (a) The local provider participation fund established by a county
365365 under Section 299A.0102 consists of:
366366 (1) all revenue received by the county attributable to
367367 mandatory payments authorized under this chapter, including any
368368 penalties and interest attributable to delinquent payments;
369369 (2) money received from the Health and Human Services
370370 Commission as a refund of an intergovernmental transfer from the
371371 county to the state for the purpose of providing the nonfederal
372372 share of Medicaid supplemental payment program payments, provided
373373 that the intergovernmental transfer does not receive a federal
374374 matching payment; and
375375 (3) the earnings of the fund.
376376 (b) Money deposited to the local provider participation
377377 fund of a county may be used only to:
378378 (1) fund intergovernmental transfers from the county
379379 to the state to provide:
380380 (A) the nonfederal share of a Medicaid
381381 supplemental payment program authorized under the state Medicaid
382382 plan, the Texas Healthcare Transformation and Quality Improvement
383383 Program waiver issued under Section 1115 of the federal Social
384384 Security Act (42 U.S.C. Section 1315), or a successor waiver
385385 program authorizing similar Medicaid supplemental payment
386386 programs; or
387387 (B) payments to Medicaid managed care
388388 organizations that are dedicated for payment to hospitals;
389389 (2) subsidize indigent programs in the county;
390390 (3) pay the administrative expenses of the county
391391 solely for activities under this chapter;
392392 (4) refund a portion of a mandatory payment collected
393393 in error from a paying hospital; and
394394 (5) refund to paying hospitals the proportionate share
395395 of money received by the county that is not used to fund the
396396 nonfederal share of Medicaid supplemental payment program
397397 payments.
398398 (c) Money in the local provider participation fund of a
399399 county may not be commingled with other county funds.
400400 (d) An intergovernmental transfer of funds described by
401401 Subsection (b)(1) and any funds received by the county as a result
402402 of an intergovernmental transfer described by that subsection may
403403 not be used by the county or any other entity to expand Medicaid
404404 eligibility under the Patient Protection and Affordable Care Act
405405 (Pub. L. No. 111-148) as amended by the Health Care and Education
406406 Reconciliation Act of 2010 (Pub. L. No. 111-152).
407407 SUBCHAPTER D. MANDATORY PAYMENTS
408408 Sec. 299A.0151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
409409 NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if
410410 the commissioners court of a county authorizes a health care
411411 provider participation program under this chapter, the
412412 commissioners court may require an annual mandatory payment to be
413413 assessed on the net patient revenue of each institutional health
414414 care provider located in the county. The commissioners court may
415415 provide for the mandatory payment to be assessed quarterly. In the
416416 first year in which the mandatory payment is required, the
417417 mandatory payment is assessed on the net patient revenue of an
418418 institutional health care provider located in the county as
419419 determined by the data reported to the Department of State Health
420420 Services under Sections 311.032 and 311.033 in the fiscal year
421421 ending in 2017 or, if the institutional health care provider did not
422422 report any data under those sections in that fiscal year, as
423423 determined by the institutional health care provider's Medicare
424424 cost report submitted for the 2017 fiscal year or for the closest
425425 subsequent fiscal year for which the provider submitted the
426426 Medicare cost report. The county shall update the amount of the
427427 mandatory payment on an annual basis.
428428 (b) The amount of a mandatory payment authorized under this
429429 chapter must be uniformly proportionate with the amount of net
430430 patient revenue generated by each paying hospital in the county. A
431431 mandatory payment authorized under this chapter may not hold
432432 harmless any institutional health care provider, as required under
433433 42 U.S.C. Section 1396b(w).
434434 (c) The commissioners court of a county that collects a
435435 mandatory payment authorized under this chapter shall set the
436436 amount of the mandatory payment. The amount of the mandatory
437437 payment required of each paying hospital in the county may not
438438 exceed six percent of the paying hospital's net patient revenue.
439439 (d) Subject to the maximum amount prescribed by Subsection
440440 (c), the commissioners court of a county that collects a mandatory
441441 payment authorized under this chapter shall set the mandatory
442442 payments in amounts that in the aggregate will generate sufficient
443443 revenue to cover the administrative expenses of the county for
444444 activities under this chapter, to fund an intergovernmental
445445 transfer described by Section 299A.103(b)(1), and to pay for
446446 indigent programs in the county, except that the amount of revenue
447447 from mandatory payments used for administrative expenses of the
448448 county for activities under this chapter in a year may not exceed
449449 the lesser of four percent of the total revenue generated from the
450450 mandatory payment or $20,000.
451451 (e) A paying hospital may not add a mandatory payment
452452 required under this section as a surcharge to a patient.
453453 Sec. 299A.0152. ASSESSMENT AND COLLECTION OF MANDATORY
454454 PAYMENTS. A county may collect or contract for the assessment and
455455 collection of mandatory payments authorized under this chapter.
456456 Sec. 299A.0153. INTEREST, PENALTIES, AND DISCOUNTS.
457457 Interest, penalties, and discounts on mandatory payments required
458458 under this chapter are governed by the law applicable to county ad
459459 valorem taxes.
460460 Sec. 299A.0154. CORRECTION OF INVALID PROVISION OR
461461 PROCEDURE. To the extent any provision or procedure under this
462462 chapter causes a mandatory payment authorized under this chapter to
463463 be ineligible for federal matching funds, the county may provide by
464464 rule for an alternative provision or procedure that conforms to the
465465 requirements of the federal Centers for Medicare and Medicaid
466466 Services.
467467 SECTION 3. If before implementing any provision of this Act
468468 a state agency determines that a waiver or authorization from a
469469 federal agency is necessary for implementation of that provision,
470470 the agency affected by the provision shall request the waiver or
471471 authorization and may delay implementing that provision until the
472472 waiver or authorization is granted.
473473 SECTION 4. This Act takes effect immediately if it receives
474474 a vote of two-thirds of all the members elected to each house, as
475475 provided by Section 39, Article III, Texas Constitution. If this
476476 Act does not receive the vote necessary for immediate effect, this
477477 Act takes effect September 1, 2019.