Texas 2023 - 88th Regular

Texas House Bill HB3462 Compare Versions

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1	1	H.B. No. 3462
2	2
3	3
4	4	AN ACT
5	5	relating to the consolidation of ombudsman programs administered by
6	6	the Health and Human Services Commission.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Subchapter Y, Chapter 531,
9	9	Government Code, is amended to read as follows:
10	10	SUBCHAPTER Y. COMMISSION OMBUDSMAN PROGRAMS [FOR THE DEPARTMENT OF
11	11	FAMILY AND PROTECTIVE SERVICES]
12	12	SECTION 2. Section 531.991(2), Government Code, as amended
13	13	by Chapter 906 (S.B. 213), Acts of the 85th Legislature, Regular
14	14	Session, 2017, is reenacted and amended to read as follows:
15	15	(2) "Ombudsman" means the individual appointed as the
16	16	ombudsman for an ombudsman program [the Department of Family and
17	17	Protective Services].
18	18	SECTION 3. Section 531.991, Government Code, is amended by
19	19	adding Subdivision (3) to read as follows:
20	20	(3) "Ombudsman program" means an ombudsman program
21	21	administered by the commission under this subchapter.
22	22	SECTION 4. Subchapter Y, Chapter 531, Government Code, is
23	23	amended by adding Section 531.9912 to read as follows:
24	24	Sec. 531.9912. ESTABLISHMENT OF OMBUDSMAN PROGRAMS. The
25	25	executive commissioner shall establish the following ombudsman
26	26	programs:
27	27	(1) the health and human services office of the
28	28	ombudsman in accordance with Section 531.9915;
29	29	(2) the ombudsman for children and youth in foster
30	30	care in accordance with Section 531.9931;
31	31	(3) the ombudsman for managed care assistance in
32	32	accordance with Section 531.9932;
33	33	(4) the ombudsman for behavioral health access to care
34	34	in accordance with Section 531.9933; and
35	35	(5) the ombudsman for individuals with an intellectual
36	36	or developmental disability in accordance with Section 531.9934.
37	37	SECTION 5. Section 531.0171, Government Code, is
38	38	transferred to Subchapter Y, Chapter 531, Government Code, and
39	39	redesignated as Section 531.9915, Government Code, to read as
40	40	follows:
41	41	Sec. 531.9915 [531.0171]. OFFICE OF OMBUDSMAN. (a) The
42	42	executive commissioner shall establish the commission's office of
43	43	the ombudsman with authority and responsibility over the health and
44	44	human services system in performing the following functions:
45	45	(1) providing dispute resolution services for the
46	46	health and human services system;
47	47	(2) performing consumer protection and advocacy
48	48	functions related to health and human services, including assisting
49	49	a consumer or other interested person with:
50	50	(A) raising a matter within the health and human
51	51	services system that the person feels is being ignored; and
52	52	(B) obtaining information regarding a filed
53	53	complaint; and
54	54	(3) collecting inquiry and complaint data related to
55	55	the health and human services system.
56	56	(b) The office of the ombudsman does not have the authority
57	57	to provide a separate process for resolving complaints or appeals.
58	58	(c) The executive commissioner shall develop a standard
59	59	process for tracking and reporting received inquiries and
60	60	complaints within the health and human services system. The
61	61	process must provide for the centralized tracking of inquiries and
62	62	complaints submitted to field, regional, or other local health and
63	63	human services system offices.
64	64	(d) Using the process developed under Subsection (c), the
65	65	office of the ombudsman shall collect inquiry and complaint data
66	66	from all offices, agencies, divisions, and other entities within
67	67	the health and human services system. To assist with the
68	68	collection of data under this subsection, the office may access any
69	69	system or process for recording inquiries and complaints used or
70	70	maintained within the health and human services system.
71	71	SECTION 6. Section 531.992, Government Code, as amended by
72	72	Chapter 906 (S.B. 213), Acts of the 85th Legislature, Regular
73	73	Session, 2017, is reenacted and amended to read as follows:
74	74	Sec. 531.992. APPOINTMENT OF OMBUDSMAN [FOR THE DEPARTMENT
75	75	OF FAMILY AND PROTECTIVE SERVICES]. [(a)] The executive
76	76	commissioner [governor] shall appoint an ombudsman for each
77	77	ombudsman program [the Department of Family and Protective
78	78	Services] to serve at the will of the executive commissioner
79	79	[governor].
80	80	[(b) The ombudsman is administratively attached to the
81	81	office of the ombudsman for the commission.
82	82	[(c) Subject to the appropriation of money for that purpose,
83	83	the ombudsman may employ staff to assist the ombudsman in
84	84	performing the ombudsman's duties under this subchapter.
85	85	[(d) The ombudsman may not use the name or any logo of the
86	86	department on any forms or other materials produced and distributed
87	87	by the ombudsman.]
88	88	SECTION 7. Section 531.9921, Government Code, as added by
89	89	Chapter 906 (S.B. 213), Acts of the 85th Legislature, Regular
90	90	Session, 2017, is reenacted and amended to read as follows:
91	91	Sec. 531.9921. CONFLICT OF INTEREST. A person may not serve
92	92	as ombudsman in an ombudsman program if the person or the person's
93	93	spouse:
94	94	(1) is employed by or participates in the management
95	95	of a business entity or other organization receiving funds from the
96	96	commission [department];
97	97	(2) owns or controls, directly or indirectly, any
98	98	interest in a business entity or other organization receiving funds
99	99	from the commission [department]; or
100	100	(3) is required to register as a lobbyist under
101	101	Chapter 305 because of the person's activities for compensation on
102	102	behalf of a profession related to the operation of the commission
103	103	[department].
104	104	SECTION 8. Section 531.993, Government Code, as amended by
105	105	Chapter 906 (S.B. 213), Acts of the 85th Legislature, Regular
106	106	Session, 2017, is reenacted and amended to read as follows:
107	107	Sec. 531.993. DUTIES OF OMBUDSMAN. (a) An [The] ombudsman
108	108	serves as an impartial [a neutral] party in assisting:
109	109	(1) children and youth in the conservatorship of the
110	110	department with complaints regarding issues within the authority of
111	111	the commission or department, as applicable [or another health and
112	112	human services agency]; and
113	113	(2) persons with a complaint against the commission
114	114	[department] regarding case-specific activities of the programs
115	115	within the health and human services system [of the department,
116	116	including adult protective services, child protective services,
117	117	child-care licensing, and statewide intake].
118	118	(b) An [The] ombudsman shall:
119	119	(1) develop and implement statewide procedures to:
120	120	(A) receive complaints from:
121	121	(i) children and youth in the
122	122	conservatorship of the department; and
123	123	(ii) other persons with a complaint against
124	124	a program within the health and human services system [the
125	125	department];
126	126	(B) review complaints filed with an [the]
127	127	ombudsman and take appropriate action, including:
128	128	(i) conducting an investigation into
129	129	individual complaints that allege violations of commission or
130	130	department procedures or policies [or agency procedure or policy]
131	131	or other violations; and
132	132	(ii) referring to the commission or
133	133	department [or agency management] for resolution any trends or
134	134	systemic issues identified in complaints;
135	135	(C) provide any necessary assistance to:
136	136	(i) children and youth in the
137	137	conservatorship of the department in making complaints and
138	138	reporting allegations of abuse, [or] neglect, or exploitation under
139	139	Chapter 48, Human Resources Code [to the department]; and
140	140	(ii) any other person in making complaints
141	141	against a program within the health and human services system or
142	142	reporting allegations of abuse, neglect, or exploitation under
143	143	Chapter 48, Human Resources Code;
144	144	(D) maintain the confidentiality of:
145	145	(i) an [the] ombudsman's communications and
146	146	records;
147	147	(ii) records of another person that have
148	148	been provided to an [the] ombudsman; and
149	149	(iii) communications of another person with
150	150	an [the] ombudsman; and
151	151	(E) ensure that [the department and] any person
152	152	[or a child or youth in the conservatorship of the department] who
153	153	files a complaint with an [the] ombudsman is [are] informed of the
154	154	results of the ombudsman's investigation of the complaint,
155	155	including whether the ombudsman was able to substantiate the
156	156	[person's, child's, or youth's] complaint;
157	157	(2) collaborate with the commission [department] to
158	158	develop and implement an annual outreach plan to promote awareness
159	159	of the ombudsman programs among the public[, children] and
160	160	stakeholders [youth in the conservatorship of the department,
161	161	family members and caretakers of those children, and facilities
162	162	licensed by the department and] that includes:
163	163	(A) how an ombudsman [the office] may be
164	164	contacted;
165	165	(B) the purpose of an ombudsman [the office]; and
166	166	(C) the services an ombudsman [the office]
167	167	provides;
168	168	(3) issue and file with the commission or department,
169	169	as [and any] applicable, [health and human services agency] a
170	170	report that contains an [the] ombudsman's final determination
171	171	regarding a complaint and any recommended corrective actions to be
172	172	taken as a result of the complaint;
173	173	(4) establish a secure form of communication with any
174	174	individual who files a complaint with an [the] ombudsman;
175	175	(5) collaborate with the commission or department, as
176	176	applicable, to identify consequences for any retaliatory action
177	177	related to a complaint filed with an [the] ombudsman, in accordance
178	178	with Section 531.997 [40.0041(g), Human Resources Code]; and
179	179	(6) monitor and evaluate the [department's] corrective
180	180	actions taken in response to a recommendation by an [the]
181	181	ombudsman.
182	182	(c) An [The] ombudsman's final determination in a report
183	183	described by Subsection (b)(3) must include a determination of
184	184	whether there was wrongdoing or negligence by the commission or
185	185	department or an agent of the commission or department or whether
186	186	the complaint was frivolous or [and] without merit. If the
187	187	ombudsman determines there was wrongdoing or negligence, the
188	188	ombudsman shall recommend corrective actions to be taken by the
189	189	commission or department.
190	190	(c-1) The department and the commission shall provide
191	191	written notice to an ombudsman on whether the department or
192	192	commission adopted or rejected the ombudsman's recommended
193	193	corrective action. If the department or commission rejects a
194	194	recommended corrective action, the department or commission shall
195	195	include in the notice the reason for the rejection.
196	196	(d) An [The] ombudsman may attend any judicial proceeding
197	197	related to a complaint filed with the ombudsman program [office].
198	198	SECTION 9. Section 531.9931, Government Code, as added by
199	199	Chapter 906 (S.B. 213), Acts of the 85th Legislature, Regular
200	200	Session, 2017, is reenacted and amended to read as follows:
201	201	Sec. 531.9931. [DIVISION OF] OMBUDSMAN FOR CHILDREN AND
202	202	YOUTH IN FOSTER CARE. (a) The commission shall establish an
203	203	ombudsman program to provide support and information services to
204	204	children and youth in foster care.
205	205	(b) An [The division of the] ombudsman appointed under this
206	206	section shall [for children and youth in foster care is created
207	207	within the office of the ombudsman for the purpose of]:
208	208	(1) receive [receiving] complaints from children and
209	209	youth in the conservatorship of the department as provided under
210	210	Section 531.993(b)(1)(A)(i) [531.993(a)(1)];
211	211	(2) inform [informing] children and youth in the
212	212	conservatorship of the department who file a complaint under this
213	213	subchapter about the result of an [the] ombudsman's investigation
214	214	of the complaint, including whether the ombudsman was able to
215	215	substantiate the child's or youth's complaint; and
216	216	(3) collaborate [collaborating] with the department
217	217	to develop an outreach plan for children and youth in the
218	218	conservatorship of the department to promote awareness of the
219	219	ombudsman program.
220	220	[(b) If a child or youth in the conservatorship of the
221	221	department contacts the ombudsman by telephone call to report a
222	222	complaint under this subchapter, the call shall be transferred
223	223	directly to a person employed by the division of the ombudsman
224	224	created under this section.]
225	225	SECTION 10. Section 531.0213, Government Code, is
226	226	transferred to Subchapter Y, Chapter 531, Government Code,
227	227	redesignated as Section 531.9932, Government Code, and amended to
228	228	read as follows:
229	229	Sec. 531.9932 [531.0213]. OMBUDSMAN FOR MANAGED CARE
230	230	ASSISTANCE [SUPPORT SERVICES FOR MEDICAID RECIPIENTS]. (a) The
231	231	commission shall establish an ombudsman program to provide support
232	232	and information services to a person enrolled in or applying for
233	233	Medicaid coverage who experiences barriers to receiving health care
234	234	services.
235	235	(b) An ombudsman appointed under this section [The
236	236	commission] shall give emphasis to assisting a person with an
237	237	urgent or immediate medical or support need.
238	238	(c) [(b-1)] The commission shall provide support and
239	239	information services required by this section through a network of
240	240	entities coordinated by the commission's [office of the] ombudsman
241	241	program [or other division of the commission designated by the
242	242	executive commissioner] and composed of:
243	243	(1) the commission's [office of the] ombudsman program
244	244	or other division of the commission designated by the executive
245	245	commissioner to coordinate the network;
246	246	(2) the office of the state long-term care ombudsman
247	247	required under Subchapter F, Chapter 101A, Human Resources Code;
248	248	(3) the division within the commission responsible for
249	249	oversight of Medicaid managed care contracts;
250	250	(4) area agencies on aging;
251	251	(5) aging and disability resource centers established
252	252	under the Aging and Disability Resource Center initiative funded in
253	253	part by the federal Administration on Aging and the Centers for
254	254	Medicare and Medicaid Services; and
255	255	(6) any other entity the executive commissioner
256	256	determines appropriate[, including nonprofit organizations with
257	257	which the commission contracts under Subsection (c)].
258	258	[(c) The commission may provide support and information
259	259	services by contracting with nonprofit organizations that are not
260	260	involved in providing health care, health insurance, or health
261	261	benefits.]
262	262	(d) As a part of the support and information services
263	263	required by this section, the ombudsman program [commission] shall:
264	264	(1) operate a statewide toll-free assistance
265	265	telephone number that includes relay services for persons with
266	266	speech or hearing disabilities and assistance for persons who speak
267	267	Spanish;
268	268	(2) intervene promptly with the state Medicaid office,
269	269	managed care organizations and providers, and any other appropriate
270	270	entity on behalf of a person who has an urgent need for medical
271	271	services;
272	272	(3) assist a person who is experiencing barriers in
273	273	the Medicaid application and enrollment process and refer the
274	274	person for further assistance if appropriate;
275	275	(4) educate persons so that they:
276	276	(A) understand the concept of managed care;
277	277	(B) understand their rights under Medicaid,
278	278	including grievance and appeal procedures; and
279	279	(C) are able to advocate for themselves;
280	280	(5) [collect and maintain statistical information on a
281	281	regional basis regarding calls received by the assistance lines and
282	282	publish quarterly reports that:
283	283	[(A) list the number of calls received by region;
284	284	[(B) identify trends in delivery and access
285	285	problems;
286	286	[(C) identify recurring barriers in the Medicaid
287	287	system; and
288	288	[(D) indicate other problems identified with
289	289	Medicaid managed care;
290	290	[(6)] assist the state Medicaid office and managed
291	291	care organizations and providers in identifying and correcting
292	292	problems, including site visits to affected regions if necessary;
293	293	(6) [(7)] meet the needs of all current and future
294	294	Medicaid managed care recipients, including children receiving
295	295	dental benefits [and other recipients receiving benefits, under
296	296	the:
297	297	[(A) STAR Medicaid managed care program;
298	298	[(B) STAR + PLUS Medicaid managed care program,
299	299	including the Texas Dual Eligibles Integrated Care Demonstration
300	300	Project provided under that program;
301	301	[(C) STAR Kids managed care program established
302	302	under Section 533.00253; and
303	303	[(D) STAR Health program];
304	304	(7) [(8)] incorporate support services for children
305	305	enrolled in the child health plan established under Chapter 62,
306	306	Health and Safety Code; and
307	307	(8) [(9)] ensure that staff providing support and
308	308	information services receives sufficient training, including
309	309	training in the Medicare program for the purpose of assisting
310	310	recipients who are dually eligible for Medicare and Medicaid, and
311	311	has sufficient authority to resolve barriers experienced by
312	312	recipients to health care and long-term services and supports.
313	313	(e) The [commission's office of the] ombudsman program[, or
314	314	other division of the commission designated by the executive
315	315	commissioner to coordinate the network of entities responsible for
316	316	providing support and information services under this section,]
317	317	must be sufficiently independent from other aspects of Medicaid
318	318	managed care to represent the best interests of recipients in
319	319	problem resolution.
320	320	SECTION 11. Section 531.02251, Government Code, is
321	321	transferred to Subchapter Y, Chapter 531, Government Code,
322	322	redesignated as Section 531.9933, Government Code, and amended to
323	323	read as follows:
324	324	Sec. 531.9933 [531.02251]. OMBUDSMAN FOR BEHAVIORAL HEALTH
325	325	ACCESS TO CARE. (a) The commission shall establish an ombudsman
326	326	program to provide support and information services to a consumer
327	327	enrolled in or applying for a behavioral health program [In this
328	328	section, "ombudsman" means the individual designated as the
329	329	ombudsman for behavioral health access to care].
330	330	(b) [The executive commissioner shall designate an
331	331	ombudsman for behavioral health access to care.
332	332	[(c) The ombudsman is administratively attached to the
333	333	office of the ombudsman for the commission.
334	334	[(d)] The commission may use an alternate title for the
335	335	ombudsman in consumer-facing materials if the commission
336	336	determines that an alternate title would be beneficial to consumer
337	337	understanding or access.
338	338	(c) An [(e) The] ombudsman serves as an impartial [a
339	339	neutral] party to help consumers, including consumers who are
340	340	uninsured or have public or private health benefit coverage, and
341	341	behavioral health care providers navigate and resolve issues
342	342	related to consumer access to behavioral health care, including
343	343	care for mental health conditions and substance use disorders.
344	344	(d) An [(f) The] ombudsman shall:
345	345	(1) interact with consumers and behavioral health care
346	346	providers with concerns or complaints to help the consumers and
347	347	providers resolve behavioral health care access issues;
348	348	(2) identify, track, and help report potential
349	349	violations of state or federal rules, regulations, or statutes
350	350	concerning the availability of, and terms and conditions of,
351	351	benefits for mental health conditions or substance use disorders,
352	352	including potential violations related to quantitative and
353	353	nonquantitative treatment limitations;
354	354	(3) report concerns, complaints, and potential
355	355	violations described by Subdivision (2) to the appropriate
356	356	regulatory or oversight agency;
357	357	(4) receive and report concerns and complaints
358	358	relating to inappropriate care or mental health commitment;
359	359	(5) provide appropriate information to help consumers
360	360	obtain behavioral health care;
361	361	(6) develop appropriate points of contact for
362	362	referrals to other state and federal agencies; and
363	363	(7) provide appropriate information to help consumers
364	364	or providers file appeals or complaints with the appropriate
365	365	entities, including insurers and other state and federal agencies.
366	366	(e) [(h)] The Texas Department of Insurance shall appoint a
367	367	liaison to an [the] ombudsman to receive reports of concerns,
368	368	complaints, and potential violations described by Subsection
369	369	(d)(2) [(f)(2)] from an [the] ombudsman, consumers, or behavioral
370	370	health care providers.
371	371	SECTION 12. Subchapter Y, Chapter 531, Government Code, is
372	372	amended by adding Section 531.9934 to read as follows:
373	373	Sec. 531.9934. OMBUDSMAN FOR INDIVIDUALS WITH AN
374	374	INTELLECTUAL OR DEVELOPMENTAL DISABILITY. The executive
375	375	commissioner shall appoint an ombudsman to assist a client, or a
376	376	person acting on behalf of an individual with an intellectual or
377	377	developmental disability or a group of individuals with an
378	378	intellectual or developmental disability, with a complaint or
379	379	grievance regarding the infringement of the rights of an individual
380	380	with an intellectual or developmental disability or the delivery of
381	381	intellectual disability services submitted under Section 592.039,
382	382	Health and Safety Code.
383	383	SECTION 13. Section 531.994, Government Code, is amended to
384	384	read as follows:
385	385	Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If,
386	386	during the investigation of a complaint, an [the] ombudsman
387	387	discovers unreported violations of the commission's or department's
388	388	[or a health and human services agency's] rules and policies, the
389	389	ombudsman shall open a new investigation for each unreported
390	390	violation.
391	391	SECTION 14. Sections 531.995 and 531.996, Government Code,
392	392	are amended to read as follows:
393	393	Sec. 531.995. ACCESS TO INFORMATION. The commission and
394	394	department [and each health and human services agency] shall
395	395	provide an [the] ombudsman access to the [department's or agency's]
396	396	records that relate to a complaint the ombudsman is reviewing or
397	397	investigating.
398	398	Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) A
399	399	person may communicate with an [the] ombudsman relating to a
400	400	complaint by telephone, by mail, by electronic mail, or by any other
401	401	means the ombudsman determines to be feasible, secure, and
402	402	accessible [to children and youth].
403	403	(b) A communication with an [the] ombudsman is confidential
404	404	during an investigation or review of a complaint and remains
405	405	confidential after the complaint is resolved.
406	406	(c) The records of an [the] ombudsman are confidential and
407	407	must be maintained in a manner that preserves the confidentiality
408	408	of the records.
409	409	(d) The disclosure of confidential information to an [the]
410	410	ombudsman under this subchapter [section or Section 531.995] does
411	411	not constitute a waiver of confidentiality. Any information
412	412	disclosed to the ombudsman under this subchapter [section or
413	413	Section 531.995] remains confidential and privileged following
414	414	disclosure.
415	415	(e) An [The] ombudsman is not prohibited from communicating
416	416	with the commission or department [or another health and human
417	417	services agency] regarding confidential information disclosed to
418	418	the ombudsman [by the department or agency].
419	419	(f) An [The] ombudsman may make reports relating to an
420	420	investigation of a complaint public after the complaint is
421	421	resolved. A report may not include information that identifies an
422	422	individual complainant, client, parent, or employee or any other
423	423	person involved in the complaint.
424	424	SECTION 15. Sections 531.997 and 531.998, Government Code,
425	425	as amended by Chapter 906 (S.B. 213), Acts of the 85th Legislature,
426	426	Regular Session, 2017, are reenacted and amended to read as
427	427	follows:
428	428	Sec. 531.997. RETALIATION PROHIBITED. The commission or
429	429	department [or another health and human services agency] may not
430	430	retaliate against an [a department] employee of the commission or
431	431	department, as applicable, [a child or youth in the conservatorship
432	432	of the department,] or any other person who in good faith makes a
433	433	complaint to an [the] ombudsman or against any person who
434	434	cooperates with the ombudsman in an investigation.
435	435	Sec. 531.998. REPORT. (a) Each [The] ombudsman shall
436	436	prepare an annual report that contains:
437	437	(1) a description of the ombudsman's work;
438	438	(2) any change made by the commission or department
439	439	[or another health and human services agency] in response to a
440	440	substantiated complaint;
441	441	(3) a description of any trends in the nature of
442	442	complaints received by the ombudsman or any systemic issues
443	443	identified by the ombudsman in the investigation of individual
444	444	complaints, any recommendations related to addressing those trends
445	445	and issues, and an evaluation of the feasibility of the ombudsman's
446	446	recommendations;
447	447	(4) a glossary of terms used in the report;
448	448	(5) a description of the methods used to promote
449	449	awareness of the ombudsman under Section 531.993(b) and the
450	450	ombudsman's promotion plan for the next year; and
451	451	(6) any public feedback received by the ombudsman
452	452	relating to the ombudsman's previous annual reports.
453	453	(b) Each [The] report must be submitted to the governor, the
454	454	lieutenant governor, each standing committee of the legislature
455	455	with jurisdiction over matters involving the commission
456	456	[department], each member of the legislature, and the executive
457	457	commissioner[, and the commissioner of the department] not later
458	458	than December 1 of each year. On receipt of the report, the
459	459	[department and the] commission shall make the report publicly
460	460	available on the [department's and the] commission's Internet
461	461	website [websites].
462	462	SECTION 16. Section 592.039, Health and Safety Code, is
463	463	amended to read as follows:
464	464	Sec. 592.039. GRIEVANCES. A client, or a person acting on
465	465	behalf of a person with an intellectual disability or a group of
466	466	persons with an intellectual disability, has the right to submit
467	467	complaints or grievances regarding the infringement of the rights
468	468	of a person with an intellectual disability or the delivery of
469	469	intellectual disability services against a person, group of
470	470	persons, organization, or business to the Health and Human Services
471	471	Commission's ombudsman for individuals with an intellectual or
472	472	developmental disability as provided under Section 531.9934,
473	473	Government Code [department's Office of Consumer Rights and
474	474	Services for investigation and appropriate action].
475	475	SECTION 17. Section 531.9941, Government Code, is repealed.
476	476	SECTION 18. If before implementing any provision of this
477	477	Act a state agency determines that a waiver or authorization from a
478	478	federal agency is necessary for implementation of that provision,
479	479	the agency affected by the provision shall request the waiver or
480	480	authorization and may delay implementing that provision until the
481	481	waiver or authorization is granted.
482	482	SECTION 19. This Act takes effect immediately if it
483	483	receives a vote of two-thirds of all the members elected to each
484	484	house, as provided by Section 39, Article III, Texas Constitution.
485	485	If this Act does not receive the vote necessary for immediate
486	486	effect, this Act takes effect September 1, 2023.
487	487	______________________________ ______________________________
488	488	President of the Senate Speaker of the House
489	489	I certify that H.B. No. 3462 was passed by the House on May 5,
490	490	2023, by the following vote: Yeas 140, Nays 3, 1 present, not
491	491	voting; and that the House concurred in Senate amendments to H.B.
492	492	No. 3462 on May 25, 2023, by the following vote: Yeas 135, Nays 4,
493	493	1 present, not voting.
494	494	______________________________
495	495	Chief Clerk of the House
496	496	I certify that H.B. No. 3462 was passed by the Senate, with
497	497	amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
498	498	0.
499	499	______________________________
500	500	Secretary of the Senate
501	501	APPROVED: __________________
502	502	Date
503	503	__________________
504	504	Governor