Bill Text: TX SB1101 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the consolidation of ombudsman programs administered by the Health and Human Services Commission.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1101 Detail]

Download: Texas-2019-SB1101-Comm_Sub.html

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86R33304 SCL-D
By: Kolkhorst S.B. No. 1101
(Turner of Dallas)
Substitute the following for S.B. No. 1101: No.

A BILL TO BE ENTITLED
AN ACT
relating to the consolidation of ombudsman programs administered by
the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.008(b), Family Code, is amended to
read as follows:
(b) It is the policy of this state that each child in foster
care be informed of the child's rights provided by state or federal
law or policy that relate to:
(1) abuse, neglect, exploitation, discrimination, and
harassment;
(2) food, clothing, shelter, and education;
(3) medical, dental, vision, and mental health
services, including the right of the child to consent to treatment;
(4) emergency behavioral intervention, including what
methods are permitted, the conditions under which it may be used,
and the precautions that must be taken when administering it;
(5) placement with the child's siblings and contact
with members of the child's family;
(6) privacy and searches, including the use of storage
space, mail, and the telephone;
(7) participation in school-related extracurricular
or community activities;
(8) interaction with persons outside the foster care
system, including teachers, church members, mentors, and friends;
(9) contact and communication with caseworkers,
attorneys ad litem, guardians ad litem, and court-appointed special
advocates;
(10) religious services and activities;
(11) confidentiality of the child's records;
(12) job skills, personal finances, and preparation
for adulthood;
(13) participation in a court hearing that involves
the child;
(14) participation in the development of service and
treatment plans;
(15) if the child has a disability, the advocacy and
protection of the rights of a person with that disability; [and]
(16) notification of the outcome of any of the
following investigations in which the child is involved:
(A) an abuse or neglect investigation conducted
by the department;
(B) a minimum standard investigation conducted
by the Health and Human Services Commission; or
(C) an investigation of a complaint to the
ombudsman for children and youth in foster care; and
(17) any other matter affecting the child's ability to
receive care and treatment in the least restrictive environment
that is most like a family setting, consistent with the best
interests and needs of the child.
SECTION 2. The heading to Subchapter Y, Chapter 531,
Government Code, is amended to read as follows:
SUBCHAPTER Y. HEALTH AND HUMAN SERVICES OMBUDSMAN PROGRAMS [FOR
THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES]
SECTION 3. Section 531.991, Government Code, is amended to
read as follows:
Sec. 531.991. DEFINITIONS. In this subchapter:
(1) "Complaint" means any expression of
dissatisfaction by a consumer about a program or service of the
health and human services system or of the department.
(2) "Consumer" means:
(A) an applicant or client of a program of the
health and human services system;
(B) the applicant's or client's legally
authorized representative;
(C) a member of the public seeking information
about a program of the health and human services system; or
(D) a child or youth in the conservatorship of
the department.
(3) "Department" means the Department of Family and
Protective Services.
(4) [(2)] "Ombudsman" means the individual appointed
as the ombudsman for an ombudsman program [the Department of Family
and Protective Services].
(5) "Ombudsman program" means an ombudsman program
administered by the commission under this subchapter.
(6) "Retaliation" means a harmful action taken because
of, or substantially motivated by, reprisal or revenge in response
to a legally protected activity, including making a good faith
complaint.
(7) "Substantiated complaint" means a complaint for
which research clearly indicates:
(A) the policy of a program of the health and
human services system or the department was violated; or
(B) the health and human services system's
expectations were not met.
SECTION 4. Subchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.9912 to read as follows:
Sec. 531.9912. ESTABLISHMENT OF OMBUDSMAN PROGRAMS. The
executive commissioner shall establish the following ombudsman
programs:
(1) the health and human services office of the
ombudsman in accordance with Section 531.9915;
(2) the ombudsman for children and youth in foster
care in accordance with Section 531.9931;
(3) the ombudsman for managed care in accordance with
Section 531.9932;
(4) the ombudsman for behavioral health access to care
in accordance with Section 531.9933; and
(5) the ombudsman for individuals with intellectual or
developmental disabilities in accordance with Section 531.9934.
SECTION 5. Section 531.0171, Government Code, is
transferred to Subchapter Y, Chapter 531, Government Code,
redesignated as Section 531.9915, Government Code, and amended to
read as follows:
Sec. 531.9915 [531.0171]. OFFICE OF OMBUDSMAN. (a) The
executive commissioner shall establish the commission's office of
the ombudsman with authority and responsibility over the health and
human services system in performing the following functions:
(1) providing consumer dispute resolution services
for the health and human services system;
(2) performing consumer protection and advocacy
functions related to health and human services, including assisting
a consumer [or other interested person] with:
(A) raising a matter within the health and human
services system that the consumer [person] feels is being ignored;
and
(B) obtaining information regarding a filed
complaint; and
(3) collecting consumer inquiry and complaint data
related to the health and human services system.
(b) The office of the ombudsman does not have the authority
to process case actions or overturn a decision by the department or
a program of the health and human services system [provide a
separate process for resolving complaints or appeals].
(c) The executive commissioner shall develop a standard
process for tracking and reporting received inquiries and
complaints within the health and human services system. The
process must provide for the centralized tracking of inquiries and
complaints submitted to field, regional, or other local health and
human services system offices, including vendors contracted to
provide services on behalf of a program of the health and human
services system.
(d) Using the process developed under Subsection (c), the
office of the ombudsman shall collect inquiry and complaint data
from all offices, agencies, divisions, and other entities within
the health and human services system, including vendors contracted
to provide services on behalf of a program of the health and human
services system. To assist with the collection of data under this
subsection, the office may access any system or process for
recording inquiries and complaints used or maintained within the
health and human services system.
(e) The office of the ombudsman must be sufficiently
independent from programs of the health and human services system
to perform the ombudsman's duties outlined in this subchapter.
SECTION 6. Sections 531.992 and 531.993, Government Code,
are amended to read as follows:
Sec. 531.992. APPOINTMENT OF OMBUDSMAN [FOR THE DEPARTMENT
OF FAMILY AND PROTECTIVE SERVICES]. (a) The executive
commissioner [governor] shall appoint an ombudsman for each
ombudsman program [the Department of Family and Protective
Services] to serve at the will of the executive commissioner
[governor].
(b) The ombudsman programs are managed as part of [is
administratively attached to] the office of the ombudsman for the
commission.
(c) Subject to the appropriation of money for those purposes
[that purpose], each [the] ombudsman may employ staff to assist the
ombudsman in performing the ombudsman's duties under this
subchapter.
[(d) The ombudsman may not use the name or any logo of the
department on any forms or other materials produced and distributed
by the ombudsman.]
Sec. 531.993. DUTIES OF OMBUDSMAN. (a) An [The] ombudsman
serves as a neutral party in assisting:
(1) children and youth in the conservatorship of the
department with complaints regarding issues within the authority of
the commission, the department, or a [another] health and human
services agency; and
(2) consumers [persons] with a complaint against the
commission or a health and human services agency [department]
regarding case-specific activities of the programs of the
commission or agency [department, including adult protective
services, child protective services, child-care licensing, and
statewide intake].
(b) An [The] ombudsman shall, as applicable:
(1) develop and implement statewide procedures to:
(A) receive complaints from:
(i) children and youth in the
conservatorship of the department; and
(ii) consumers [other persons] with a
complaint against the commission or a health and human services
agency [department];
(B) review complaints filed with the ombudsman
and take appropriate action, including:
(i) conducting an investigation into
individual complaints that allege violations of commission,
department, or agency procedure or policy or other violations; and
(ii) referring to commission, department,
or agency management for resolution any trends or systemic issues
identified in complaints;
(C) provide any necessary assistance to:
(i) children and youth in the
conservatorship of the department in making complaints and
reporting allegations of abuse or neglect to the department; and
(ii) any consumer in making complaints to
the commission or a health and human services agency;
(D) maintain the confidentiality of:
(i) the ombudsman's communications and
records;
(ii) records of another person that have
been provided to the ombudsman; and
(iii) communications of another person with
the ombudsman; and
(E) ensure that the commission, the department, a
health and human services agency, and any consumer who files a
complaint with the commission, including [person or] a child or
youth in the conservatorship of the department who files a
complaint with the ombudsman, are informed of the results of the
ombudsman's investigation of the complaint, including whether the
ombudsman was able to substantiate the [person's, child's, or
youth's] complaint;
(2) collaborate with the commission, the department,
or a health and human services agency, as applicable, to develop and
implement an annual outreach plan to promote awareness of the
ombudsman among the public, children and youth in the
conservatorship of the department, [family members and caretakers
of those children,] and facilities licensed by the commission
[department] and that includes:
(A) how the office may be contacted;
(B) the purpose of the office; and
(C) the services the office provides;
(3) notify in writing [issue and file with] the
commission, the department, and a [any applicable] health and human
services agency, as applicable, of [a report that contains] the
ombudsman's final determination regarding a complaint and any
recommended corrective actions to be taken as a result of the
complaint;
(4) establish a secure form of communication with any
individual who files a complaint with the ombudsman;
(5) collaborate with the commission, the department,
and a health and human services agency, as applicable, to identify
consequences for any retaliatory action related to a complaint
filed with the ombudsman, in accordance with Section 531.997
[40.0041(g), Human Resources Code]; and
(6) monitor and evaluate the commission's, the
department's, or a health and human services agency's corrective
actions taken in response to a recommendation by the ombudsman.
(c) An [The] ombudsman's notification [final determination
in a report] described by Subsection (b)(3) must include a
determination of whether the complaint is a substantiated complaint
[there was wrongdoing or negligence by the department or an agent of
the department or whether the complaint was frivolous and without
merit]. If the ombudsman determines a complaint is a substantiated
complaint [there was wrongdoing or negligence], the ombudsman shall
recommend corrective actions to be taken by the commission, the
department, or a health and human services agency.
(d) The commission, the department, or a health and human
services agency, as applicable, shall provide written notice to an
ombudsman on whether the commission, department, or agency adopted
or rejected the ombudsman's recommended corrective action. On
rejection of the recommended corrective action, the commission,
department, or health and human services agency shall include in
the notice the reason for the rejection [The ombudsman may attend
any judicial proceeding related to a complaint filed with the
office].
SECTION 7. Section 531.9931, Government Code, is amended to
read as follows:
Sec. 531.9931. [DIVISION OF] OMBUDSMAN FOR CHILDREN AND
YOUTH IN FOSTER CARE. (a) The [division of the] ombudsman for
children and youth in foster care is created within the office of
the ombudsman for the purpose of:
(1) receiving complaints from children and youth in
the conservatorship of the department as provided under Section
531.993(a)(1);
(2) informing children and youth in the
conservatorship of the department who file a complaint under this
subchapter about the result of the ombudsman's investigation of the
complaint, including whether the ombudsman was able to substantiate
the child's or youth's complaint; and
(3) collaborating with the department to develop an
outreach plan for children and youth in the conservatorship of the
department to promote awareness of the ombudsman.
(b) If a child or youth in the conservatorship of the
department contacts an [the] ombudsman by telephone call to report
a complaint under this subchapter, the call shall be transferred
directly to a person employed by the [division of the] ombudsman
created under this section.
(c) The ombudsman for children and youth in foster care
shall promptly refer to the department for the department to
address in accordance with Section 40.0041, Human Resources Code,
each complaint received by the ombudsman regarding the department,
other than those made by a child or youth in the conservatorship of
the department.
(d) Not later than the fifth day of each month, the
ombudsman for children and youth in foster care shall compile and
provide to the department and the commission's child care licensing
division a written report regarding the investigations completed
during the preceding month. For each complaint investigated, the
report must include:
(1) a summary of the complaint;
(2) the ombudsman's final determination; and
(3) any corrective action recommended by the
ombudsman.
(e) The department or the commission's child care licensing
division, as applicable, shall provide written notice to the
ombudsman for children and youth in foster care on whether the
department or division adopted or rejected any of the ombudsman's
recommended corrective actions. If the department or division
rejects a recommended corrective action, the department or division
shall include in the notice the reason for the rejection.
SECTION 8. Subchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.99315 to read as follows:
Sec. 531.99315. COMPLAINT PROCESS FOR FOSTER CHILDREN AND
YOUTH. A child or youth in the conservatorship of the department
may file a complaint directly with an ombudsman, regardless of
whether the child or youth is served directly by the department or
by a single source continuum contractor providing services for the
department under Subchapter B-1, Chapter 264, Family Code, as added
by Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
Session, 2017.
SECTION 9. Section 531.0213, Government Code, is
transferred to Subchapter Y, Chapter 531, Government Code,
redesignated as Section 531.9932, Government Code, and amended to
read as follows:
Sec. 531.9932 [531.0213]. OMBUDSMAN FOR MANAGED CARE
[SUPPORT SERVICES FOR MEDICAID RECIPIENTS]. (a) The commission
shall establish an ombudsman for managed care to provide support
and information services to a consumer [person] enrolled in or
applying for Medicaid coverage who experiences barriers to
receiving health care services.
(b) The ombudsman for managed care [commission] shall give
emphasis to assisting a consumer [person] with an urgent or
immediate medical or support need.
(b-1) The commission shall provide support and information
services required by this section through a network of entities
coordinated by the [commission's office of the] ombudsman for
managed care [or other division of the commission designated by the
executive commissioner] and composed of:
(1) the [commission's office of the] ombudsman [or
other division of the commission designated by the executive
commissioner to coordinate the network];
(2) the office of the state long-term care ombudsman
required under Subchapter F, Chapter 101A, Human Resources Code;
(3) the division within the commission responsible for
oversight of Medicaid managed care contracts;
(4) area agencies on aging;
(5) aging and disability resource centers established
under the Aging and Disability Resource Center initiative funded in
part by the federal Administration on Aging and the Centers for
Medicare and Medicaid Services; and
(6) any other entity the executive commissioner
determines appropriate, including nonprofit organizations with
which the commission contracts under Subsection (c).
(c) The ombudsman for managed care [commission] may provide
support and information services by requesting the commission to
contract [contracting] with nonprofit organizations that are not
involved in providing health care, health insurance, or health
benefits.
(d) As a part of the support and information services
required by this section, the ombudsman for managed care
[commission] shall:
(1) operate a statewide toll-free assistance
telephone number that includes relay services for consumers
[persons] with speech or hearing disabilities and assistance for
consumers [persons] who speak Spanish;
(2) intervene promptly with the state Medicaid office,
managed care organizations and providers, and any other appropriate
entity on behalf of a consumer [person] who has an urgent need for
medical services;
(3) assist a consumer [person] who is experiencing
barriers in the Medicaid application and enrollment process and
refer the consumer [person] for further assistance if appropriate;
(4) educate consumers [persons] so that they:
(A) understand the concept of managed care;
(B) understand their rights under Medicaid,
including grievance and appeal procedures; and
(C) are able to advocate for themselves;
(5) collect and maintain statistical information on a
regional basis regarding cases [calls] received by the ombudsman
[assistance lines] and publish quarterly reports on the
commission's Internet website that:
(A) list the number of cases [calls] received by
region;
(B) identify trends in delivery and access
problems;
(C) identify recurring barriers in the Medicaid
system; and
(D) indicate other problems identified with
Medicaid managed care;
(6) assist the state Medicaid office and managed care
organizations and providers in identifying and correcting
problems, including site visits to affected regions if necessary;
(7) meet the needs of all current and future Medicaid
managed care recipients, including children receiving dental
benefits and other recipients receiving benefits, under the:
(A) STAR Medicaid managed care program;
(B) STAR+PLUS [STAR + PLUS] Medicaid managed care
program, including the Texas Dual Eligibles Integrated Care
Demonstration Project provided under that program;
(C) STAR Kids managed care program established
under Section 533.00253; and
(D) STAR Health program; and
(8) [incorporate support services for children
enrolled in the child health plan established under Chapter 62,
Health and Safety Code; and
[(9)] ensure that staff providing support and
information services receives sufficient training, including
training in the Medicare program for the purpose of assisting
recipients who are dually eligible for Medicare and Medicaid, and
has sufficient authority to resolve barriers experienced by
recipients to health care and long-term services and supports.
[(e) The commission's office of the ombudsman, or other
division of the commission designated by the executive commissioner
to coordinate the network of entities responsible for providing
support and information services under this section, must be
sufficiently independent from other aspects of Medicaid managed
care to represent the best interests of recipients in problem
resolution.]
SECTION 10. Section 531.02251, Government Code, is
transferred to Subchapter Y, Chapter 531, Government Code,
redesignated as Section 531.9933, Government Code, and amended to
read as follows:
Sec. 531.9933 [531.02251]. OMBUDSMAN FOR BEHAVIORAL HEALTH
ACCESS TO CARE. (a) [In this section, "ombudsman" means the
individual designated as the ombudsman for behavioral health access
to care.
[(b) The executive commissioner shall designate an
ombudsman for behavioral health access to care.
[(c) The ombudsman is administratively attached to the
office of the ombudsman for the commission.
[(d) The commission may use an alternate title for the
ombudsman in consumer-facing materials if the commission
determines that an alternate title would be beneficial to consumer
understanding or access.
[(e)] The ombudsman for behavioral health serves as a
neutral party to help consumers, including consumers who are
uninsured or have public or private health benefit coverage, and
behavioral health care providers navigate and resolve issues
related to consumer access to behavioral health care, including
care for mental health conditions and substance use disorders.
(b) [(f)] The ombudsman for behavioral health shall:
(1) interact with consumers and behavioral health care
providers with concerns or complaints to help the consumers and
providers resolve behavioral health care access issues, including:
(A) patients of state hospitals as defined by
Section 552.0011, Health and Safety Code; and
(B) consumers seeking and receiving services
through:
(i) a local behavioral health authority, as
described by Section 533.0356, Health and Safety Code; or
(ii) a local mental health authority, as
described by Section 533.035, Health and Safety Code;
(2) identify, track, and help report potential
violations of state or federal rules, regulations, or statutes
concerning the availability of, and terms and conditions of,
benefits for mental health conditions or substance use disorders,
including potential violations related to quantitative and
nonquantitative treatment limitations;
(3) report concerns, complaints, and potential
violations described by Subdivision (2) to the appropriate
regulatory or oversight agency;
(4) receive and report concerns and complaints
relating to inappropriate care or mental health commitment;
(5) provide appropriate information to help consumers
obtain behavioral health care and understand their rights;
(6) develop appropriate points of contact for
referrals to other state and federal agencies; and
(7) provide appropriate information to help consumers
or providers file appeals or complaints with the appropriate
entities, including insurers and other state and federal agencies.
(c) [(g)] The ombudsman for behavioral health shall
participate in the mental health condition and substance use
disorder parity work group established under Section 531.02252 and
provide summary reports of concerns, complaints, and potential
violations described by Subsection (b)(2) [(f)(2)] to the work
group. This subsection expires September 1, 2021.
(d) [(h)] The Texas Department of Insurance shall appoint a
liaison to the ombudsman for behavioral health to receive reports
of concerns, complaints, and potential violations described by
Subsection (b)(2) [(f)(2)] from the ombudsman, consumers, or
behavioral health care providers.
SECTION 11. Subchapter Y, Chapter 531, Government Code, is
amended by adding Section 531.9934 to read as follows:
Sec. 531.9934. OMBUDSMAN FOR INDIVIDUALS WITH INTELLECTUAL
OR DEVELOPMENTAL DISABILITIES. (a) In this section, "local
intellectual and developmental disability authority" has the
meaning assigned by Section 531.002, Health and Safety Code.
(b) The ombudsman for individuals with intellectual or
developmental disabilities serves as a neutral party to assist
individuals with intellectual or developmental disabilities and
the individuals' representatives and providers in navigating and
resolving issues related to services for those individuals provided
through:
(1) the home and community-based services and Texas
home living Medicaid waiver programs; and
(2) local intellectual and developmental disability
authorities.
(c) The ombudsman for individuals with intellectual or
developmental disabilities shall:
(1) interact with individuals with intellectual or
developmental disabilities and the individuals' representatives
and providers with concerns or complaints to assist the
individuals, representatives, providers, and local intellectual
and developmental disability authorities in resolving those
issues;
(2) identify, track, and assist with reporting
potential violations of state or federal rules, regulations, or
statutes concerning the rights of individuals with intellectual or
developmental disabilities and services provided through:
(A) the home and community-based services and
Texas home living Medicaid waiver programs; and
(B) local intellectual and developmental
disability authorities;
(3) provide appropriate information to assist
individuals with intellectual or developmental disabilities in
obtaining services and understanding their rights;
(4) develop appropriate points of contact for
referrals to other state and federal agencies; and
(5) provide appropriate information to assist
individuals with intellectual or developmental disabilities and
the individuals' representatives and providers in filing appeals or
complaints with the appropriate entities.
SECTION 12. Sections 531.994, 531.995, 531.996, 531.997,
and 531.998, Government Code, are amended to read as follows:
Sec. 531.994. INVESTIGATION OF UNREPORTED COMPLAINTS. If,
during the investigation of a complaint, an [the] ombudsman
discovers unreported violations of the commission's, the
department's, or a health and human services agency's rules and
policies, the ombudsman may [shall] open a new investigation for
each unreported violation.
Sec. 531.995. ACCESS TO INFORMATION. The commission, the
department, and each health and human services agency shall provide
an [the] ombudsman access to the commission's, department's, or
agency's records and personnel that relate to a complaint the
ombudsman is reviewing or investigating.
Sec. 531.996. COMMUNICATION AND CONFIDENTIALITY. (a) A
person may communicate with an [the] ombudsman relating to a
complaint by telephone, by mail, by electronic mail, or by any other
means the ombudsman determines to be feasible, secure, and
accessible [to children and youth].
(b) A communication with an [the] ombudsman is confidential
during an investigation or review of a complaint and remains
confidential after the complaint is resolved.
(c) The records of an [the] ombudsman are confidential and
must be maintained in a manner that preserves the confidentiality
of the records.
(d) The disclosure of confidential information to an [the]
ombudsman under this section or Section 531.995 does not constitute
a waiver of confidentiality. Any information disclosed to the
ombudsman under this section or Section 531.995 remains
confidential and privileged following disclosure.
(e) An [The] ombudsman is not prohibited from communicating
with the commission, the department, or a [another] health and
human services agency regarding confidential information disclosed
to the ombudsman by the commission, department, or agency.
(f) An [The] ombudsman may make reports relating to an
investigation of a complaint public after the complaint is
resolved. A report may not include information that identifies an
individual consumer [complainant], client, parent, or employee or
any other person involved in the complaint.
Sec. 531.997. RETALIATION PROHIBITED. The commission, the
department, or a [another] health and human services agency may not
retaliate against a commission, department, or agency employee, a
child or youth in the conservatorship of the department, or any
other consumer [person] who in good faith makes a complaint to an
[the] ombudsman or against any person who cooperates with the
ombudsman in an investigation.
Sec. 531.998. REPORT. (a) The health and human services
office of the ombudsman shall prepare an annual report that
contains:
(1) a description of the [ombudsman's] work of the
commission's ombudsman programs;
(2) any change made by the commission, the department,
or a [another] health and human services agency in response to a
substantiated complaint;
(3) a description of any trends in the nature of
complaints received by an [the] ombudsman, any recommendations
related to addressing those trends, and an evaluation of the
feasibility of the ombudsman's recommendations;
(4) a glossary of terms used in the report;
(5) a description of the methods used to promote
awareness of the ombudsman under Section 531.993(b) and the
ombudsman's promotion plan for the next year; and
(6) any public feedback received by the ombudsman
relating to the ombudsman's previous annual reports.
(b) The report must be submitted to the governor, the
lieutenant governor, each standing committee of the legislature
with jurisdiction over matters involving the commission, the
department, and each health and human services agency, each member
of the legislature, the executive commissioner, and the
commissioner of the department not later than December 1 of each
year. On receipt of the report, [the department and] the commission
shall make the report publicly available on [the department's and]
the commission's Internet website [websites].
SECTION 13. Sections 531.9921 and 531.9941, Government
Code, are repealed.
SECTION 14. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 15. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.