By McCall, Van de Putte, Gray, Greenberg,               H.B. No. 39

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a prohibition of discrimination in the determination of

 1-3     eligibility for employment, occupational licenses, and coverage

 1-4     under certain health benefit plans based on the use of certain

 1-5     genetic tests and to limitations on the use of information derived

 1-6     from those tests.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  Chapter 21, Labor Code, is amended by adding

 1-9     Subchapter  H  to read as follows:

1-10          SUBCHAPTER H.  DISCRIMINATORY USE OF GENETIC INFORMATION

1-11           Sec. 21.401.   DEFINITIONS.  In this subchapter:

1-12                 (1)  "DNA" means deoxyribonucleic acid.

1-13                 (2)  "Genetic information" means information derived

1-14     from the results of a genetic test.

1-15                 (3)  "Genetic test" means a laboratory test of an

1-16     individual's DNA, RNA, proteins, or chromosomes to identify by

1-17     analysis of the DNA, RNA, proteins, or chromosomes the genetic

1-18     mutations or alterations in the DNA, RNA, proteins, or chromosomes

1-19     that are  associated with a predisposition for a clinically

1-20     recognized disease or disorder. The term does not include:

1-21                       (A)  a routine physical examination or a routine

1-22     test performed as a part of a physical examination;

1-23                       (B)  a chemical, blood, or urine analysis;

1-24                       (C)  a test to determine drug use; or

1-25                       (D)  a test for the presence of the human

 2-1     immunodeficiency virus.

 2-2                 (4)  "RNA" means ribonucleic acid.

 2-3           Sec. 21.402.  DISCRIMINATORY USE OF GENETIC INFORMATION

 2-4     PROHIBITED.  (a)  An employer commits an unlawful employment

 2-5     practice if the employer fails or refuses to hire, discharges, or

 2-6     otherwise discriminates against an individual with respect to

 2-7     compensation or the terms, conditions, or privileges of employment:

 2-8                 (1)  on the basis of genetic information concerning the

 2-9     individual; or

2-10                 (2)  because of the refusal of the individual to submit

2-11     to a genetic test.

2-12           (b)  A labor organization commits an unlawful employment

2-13     practice if the labor organization excludes or expels from

2-14     membership or otherwise discriminates against an individual:

2-15                 (1)  on the basis of genetic information concerning the

2-16     individual; or

2-17                 (2)  because of the refusal of the individual to submit

2-18     to a genetic test.

2-19           (c)  An employment agency commits an unlawful employment

2-20     practice if the employment agency classifies or refers for

2-21     employment, fails or refuses to refer for employment, or otherwise

2-22     discriminates against an individual:

2-23                 (1)  on the basis of genetic information concerning the

2-24     individual; or

2-25                 (2)  because of the refusal of the individual to submit

2-26     to a genetic test.

2-27           (d)  An employer, labor organization, or employment agency

 3-1     commits an unlawful employment practice if the employer, labor

 3-2     organization, or employment agency limits, segregates, or

 3-3     classifies an employee, member, or applicant for employment or

 3-4     membership in a way that would deprive or tend to deprive the

 3-5     employee, member, or applicant of employment opportunities or

 3-6     otherwise adversely affect the status of the employee, member, or

 3-7     applicant:

 3-8                 (1)  on the basis of genetic information concerning the

 3-9     employee, member, or applicant; or

3-10                 (2)  because of the refusal of the employee, member, or

3-11     applicant to submit to a genetic test.

3-12           Sec. 21.403.  INFORMATION CONFIDENTIAL; EXCEPTIONS.

3-13     (a)  Except as provided by Subsections (c) and (d), genetic

3-14     information is confidential and privileged regardless of the source

3-15     of the information.  A person who holds that information may not

3-16     disclose or be compelled to disclose, by subpoena or otherwise,

3-17     genetic information about an individual unless the disclosure is

3-18     specifically authorized by the individual as provided by Subsection

3-19     (b).  This subsection applies to a redisclosure of genetic

3-20     information by a secondary recipient of the information after

3-21     disclosure of the information by an initial recipient.

3-22           (b)  An individual or the legal representative of an

3-23     individual may authorize the disclosure of genetic information

3-24     relating to that individual through a written authorization that

3-25     includes:

3-26                 (1)  a description of the information to be disclosed;

3-27                 (2)  the name of the person to whom the disclosure is

 4-1     made; and

 4-2                 (3)  the purpose for the disclosure.

 4-3           (c)  Subject to Subchapter G, Chapter 411, Government Code,

 4-4     genetic information relating to an individual may be disclosed

 4-5     without the authorization required under Subsection (b) if the

 4-6     disclosure is:

 4-7                 (1)  authorized under a state or federal criminal law

 4-8     relating to:

 4-9                       (A)  the identification of individuals; or

4-10                       (B)  a criminal or juvenile proceeding, an

4-11     inquest, or a child fatality review by a multidisciplinary child

4-12     abuse team;

4-13                 (2)  required under a specific order of a state or

4-14     federal court;

4-15                 (3)  authorized under a state or federal law to

4-16     establish paternity;

4-17                 (4)  made to furnish genetic information relating to a

4-18     decedent to the blood relatives of the decedent for the purpose of

4-19     medical  diagnosis; or

4-20                 (5)  made to identify a decedent.

4-21           (d)  In addition to the exceptions under Subsection (c),

4-22     genetic information relating to an individual may be disclosed

4-23     without the authorization required under Subsection (b) if:

4-24                 (1)  the disclosure is for information from a research

4-25     study in which the procedure for obtaining informed written consent

4-26     and use of the information is governed by national standards for

4-27     protecting participants involved in research projects, including

 5-1     guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;

 5-2     and

 5-3                 (2)  the information does not identify a particular

 5-4     individual.

 5-5           Sec. 21.404.  RIGHT TO KNOW TEST RESULTS.  An individual who

 5-6     submits to a genetic test has the right to know the results of that

 5-7     test.  On the written request of the individual, the entity that

 5-8     performed the test shall disclose the test results to the

 5-9     individual or to a physician designated by the individual.

5-10           Sec. 21.405.  RETENTION OF SAMPLE.  A sample of genetic

5-11     material taken for a genetic test from an individual shall be

5-12     destroyed promptly after the purpose for which the sample was

5-13     obtained is accomplished unless:

5-14                 (1)  the sample is retained under a court order;

5-15                 (2)  the individual tested authorizes retention of the

5-16     sample for purposes of medical treatment or scientific research;

5-17                 (3)  for a sample obtained for research that is cleared

5-18     by an institutional review board, the sample is retained under the

5-19     requirements that the institutional review board imposes on a

5-20     specific research project or as authorized by the research

5-21     participant with institutional review board approval under federal

5-22     law; or

5-23                 (4)  the sample was obtained for a screening test

5-24     established by the Texas Department of Health and performed by that

5-25     department or by a laboratory approved by that department under

5-26     Section 33.011, Health and Safety Code.

5-27           SECTION 2.  Chapter 20, Title 132, Revised Statutes, is

 6-1     amended by adding Article 9031 to read as follows:

 6-2           Art. 9031.  PROHIBITED USE OF GENETIC INFORMATION

 6-3           Sec. 1.  DEFINITIONS.  In this article:

 6-4                 (1)  "DNA" means deoxyribonucleic acid.

 6-5                 (2)  "Genetic information" means information derived

 6-6     from the results of a genetic test.

 6-7                 (3)  "Genetic test" means a laboratory test of an

 6-8     individual's DNA, RNA, proteins, or chromosomes to identify by

 6-9     analysis of the DNA, RNA, proteins, or chromosomes the genetic

6-10     mutations or alterations in the DNA, RNA, proteins, or chromosomes

6-11     that are  associated with a predisposition for a clinically

6-12     recognized disease or disorder. The term does not include:

6-13                       (A)  a routine physical examination or a routine

6-14     test performed as a part of a physical examination;

6-15                       (B)  a chemical, blood, or urine analysis;

6-16                       (C)  a test to determine drug use; or

6-17                       (D)  a test for the presence of the human

6-18     immunodeficiency virus.

6-19                 (4)  "Licensing authority" means a state agency or

6-20     political subdivision that issues an occupational license.

6-21                 (5)  "Occupational license" means a license,

6-22     certificate, registration, permit, or other form of authorization

6-23     required by law or rule that must be obtained by an individual to

6-24     engage in a particular business or occupation.

6-25                 (6)  "Political subdivision" means a municipality,

6-26     county, or special district or authority.  The term includes a

6-27     school district.

 7-1                 (7)  "RNA" means ribonucleic acid.

 7-2                 (8)  "State agency" means a department, board, bureau,

 7-3     commission, committee, division, office, council, or agency in the

 7-4     executive or judicial branch of state government.

 7-5           Sec. 2.  GENETIC TESTING REQUIREMENT PROHIBITED.  A licensing

 7-6     authority may not deny an application for an occupational license,

 7-7     suspend, revoke, or refuse to renew an occupational license, or

 7-8     take any other disciplinary action against a license holder based

 7-9     on the refusal of the license applicant or license holder to:

7-10                 (1)  submit to a genetic test; or

7-11                 (2)  reveal:

7-12                       (A)  whether the applicant or holder has

7-13     submitted to a genetic test; or

7-14                       (B)  the results of any genetic test to which the

7-15     applicant or holder has submitted.

7-16           Sec. 3.  INFORMATION CONFIDENTIAL; EXCEPTIONS.  (a)  Except

7-17     as provided by Subsections (c) and (d) of this section, genetic

7-18     information is confidential and privileged regardless of the source

7-19     of the information.  A person or entity that holds that information

7-20     may not disclose or be compelled to disclose, by subpoena or

7-21     otherwise, genetic information about an individual unless the

7-22     disclosure is specifically authorized by the individual as provided

7-23     by Subsection (b) of this section.  This subsection applies to a

7-24     redisclosure of genetic information by a secondary recipient of the

7-25     information after disclosure of the information by an initial

7-26     recipient.

7-27           (b)  An individual or the legal representative of an

 8-1     individual may authorize the disclosure of genetic information

 8-2     relating to that individual through a written authorization that

 8-3     includes:

 8-4                 (1)  a description of the information to be disclosed;

 8-5                 (2)  the name of the person or entity to whom the

 8-6     disclosure is made; and

 8-7                 (3)  the purpose for the disclosure.

 8-8           (c)  Subject to Subchapter G, Chapter 411, Government Code,

 8-9     genetic information relating to an individual may be disclosed

8-10     without the authorization required under Subsection (b) of this

8-11     section if the disclosure is:

8-12                 (1)  authorized under a state or federal criminal law

8-13     relating to:

8-14                       (A)  the identification of individuals; or

8-15                       (B)  a criminal or juvenile proceeding, an

8-16     inquest, or a child fatality review by a multidisciplinary

8-17     child-abuse team;

8-18                 (2)  required under a specific order of a state or

8-19     federal court;

8-20                 (3)  authorized under a state or federal law to

8-21     establish paternity;

8-22                 (4)  made to furnish genetic information relating to a

8-23     decedent to the blood relatives of the decedent for the purpose of

8-24     medical diagnosis; or

8-25                 (5)  made to identify a decedent.

8-26           (d)  In addition to the exceptions under Subsection (c),

8-27     genetic information relating to an individual may be disclosed

 9-1     without the authorization required under Subsection (b) if:

 9-2                 (1)  the disclosure is for information from a research

 9-3     study in which the procedure for obtaining informed written consent

 9-4     and use of the information is governed by national standards for

 9-5     protecting participants involved in research projects, including

 9-6     guidelines issued  under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;

 9-7     and

 9-8                 (2)  the information does not identify a particular

 9-9     individual.

9-10           Sec. 4.  RIGHT TO KNOW TEST RESULTS.  An individual who

9-11     submits to a genetic test has the right to know the results of that

9-12     test.  On the  written request of the individual, the entity that

9-13     performed the test shall disclose the test results to the

9-14     individual or to a physician designated by the individual.

9-15           Sec. 5.  RETENTION OF SAMPLE.  A sample of genetic material

9-16     taken for a genetic test from an individual shall be destroyed

9-17     promptly after the purpose for which the sample was obtained is

9-18     accomplished unless:

9-19                 (1)  the sample is retained under a court order;

9-20                 (2)  the individual tested authorizes retention of the

9-21     sample for purposes of medical treatment or scientific research;

9-22                 (3)  for a sample obtained for research that is cleared

9-23     by an institutional review board, the sample is retained under the

9-24     requirements that the institutional review board imposes on a

9-25     specific research project or as authorized by the research

9-26     participant with institutional review board approval under federal

9-27     law; or

 10-1                (4)  the sample was obtained for a screening test

 10-2    established by the Texas Department of Health and performed by that

 10-3    department or by a laboratory approved by that department under

 10-4    Section 33.011, Health and Safety Code.

 10-5          SECTION 3.  Subchapter E, Chapter 21, Insurance Code, is

 10-6    amended by adding Article 21.73 to read as follows:

 10-7          Art. 21.73.  USE OF GENETIC TESTING INFORMATION BY INSURERS

 10-8          Sec. 1.  DEFINITIONS.  In this article:

 10-9                (1)  "DNA" means deoxyribonucleic acid.

10-10                (2)  "Genetic information" means information derived

10-11    from the results of a genetic test.

10-12                (3)  "Genetic test" means a laboratory test of an

10-13    individual's DNA, RNA, proteins, or chromosomes to identify by

10-14    analysis of the DNA, RNA, proteins, or chromosomes the genetic

10-15    mutations or alterations in the DNA, RNA, proteins, or chromosomes

10-16    that are  associated with a predisposition for a clinically

10-17    recognized disease or disorder. The term does not include:

10-18                      (A)  a routine physical examination or a routine

10-19    test performed as a part of a physical examination;

10-20                      (B)  a chemical, blood, or urine analysis;

10-21                      (C)  a test to determine drug use; or

10-22                      (D)  a test for the presence of the human

10-23    immunodeficiency virus.

10-24                (4)  "Group health benefit plan" means a plan described

10-25    by Section 2 of this article.

10-26                (5)  "RNA" means ribonucleic acid.

10-27          Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies to a

 11-1    group health benefit plan that:

 11-2                (1)  provides benefits for medical or surgical expenses

 11-3    incurred as a result of a health condition, accident, or sickness,

 11-4    including:

 11-5                      (A)  a group, blanket, or franchise insurance

 11-6    policy or insurance agreement, a group hospital service contract,

 11-7    or a group evidence of coverage that is offered by:

 11-8                            (i)  an insurance company;

 11-9                            (ii)  a group hospital service corporation

11-10    operating under Chapter 20 of this code;

11-11                            (iii)  a fraternal benefit society

11-12    operating under Chapter 10 of this code;

11-13                            (iv)  a stipulated premium insurance

11-14    company operating under Chapter 22 of this code; or

11-15                            (v)  a health maintenance organization

11-16    operating under the Texas Health Maintenance Organization Act

11-17    (Chapter 20A, Vernon's Texas Insurance Code); or

11-18                      (B)  to the extent permitted by the Employee

11-19    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

11-20    seq.), a group health benefit plan that is offered by:

11-21                            (i)  a multiple employer welfare

11-22    arrangement as defined by Section 3, Employee Retirement Income

11-23    Security Act of 1974 (29 U.S.C. Section 1002);

11-24                            (ii)  any other entity not licensed under

11-25    this code or another insurance law of this state that contracts

11-26    directly for health care services on a risk-sharing basis,

11-27    including an entity that contracts for health care services on a

 12-1    capitation basis; or

 12-2                            (iii)  another analogous benefit

 12-3    arrangement; or

 12-4                (2)  is offered by an approved nonprofit health

 12-5    corporation that is certified under Section 5.01(a), Medical

 12-6    Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

 12-7    that holds a certificate of authority  issued by the commissioner

 12-8    under Article 21.52F of this code.

 12-9          (b)  This article does not apply to:

12-10                (1)  a plan that provides coverage:

12-11                      (A)  only for a specified disease;

12-12                      (B)  only for accidental death or dismemberment;

12-13                      (C)  for wages or payments in lieu of wages for a

12-14    period during which an employee is absent from work because of

12-15    sickness or injury; or

12-16                      (D)  as a supplement to liability insurance;

12-17                (2)  a Medicare supplemental policy as defined by

12-18    Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

12-19                (3)  workers' compensation insurance coverage;

12-20                (4)  medical payment insurance issued as part of a

12-21    motor vehicle insurance policy; or

12-22                (5)  a long-term care policy, including a nursing home

12-23    fixed indemnity policy, unless the commissioner determines that the

12-24    policy provides benefit coverage so comprehensive that the policy

12-25    is a group health benefit plan as described by Subsection (a) of

12-26    this section.

12-27          Sec. 3.  USE OF GENETIC INFORMATION BY GROUP HEALTH BENEFIT

 13-1    PLAN.  (a)  A group health benefit plan issuer may not use genetic

 13-2    information to reject, deny, limit, cancel, refuse to renew,

 13-3    increase the premiums for, or otherwise adversely affect

 13-4    eligibility for or coverage under the group health benefit plan.

 13-5          (b)  If a group health benefit plan issuer requests that an

 13-6    applicant for coverage under the plan submit to a genetic test in

 13-7    connection with the application for coverage for a purpose other

 13-8    than a purpose prohibited under Subsection (a) of this section, the

 13-9    issuer must:

13-10                (1)  notify the applicant that the test is required;

13-11                (2)  disclose to the applicant the proposed use of the

13-12    test results; and

13-13                (3)  obtain the applicant's written informed consent

13-14    for the test before the administration of the test.

13-15          (c)  In the consent form, the applicant shall state whether

13-16    the applicant elects to be informed of the results of the test.  If

13-17    the applicant does so elect, the person or entity that performs the

13-18    test shall disclose the results of the test to the applicant, as

13-19    well as to the group health benefit plan issuer, and the group

13-20    health benefit plan issuer shall ensure that:

13-21                (1)  the applicant receives an interpretation of the

13-22    test results made by a qualified health care practitioner; and

13-23                (2)  a physician or other health care practitioner

13-24    designated by the applicant receives a copy of the results of the

13-25    test.

13-26          (d)  A group health benefit plan issuer may not use the

13-27    results of a genetic test conducted in accordance with Subsection

 14-1    (b) of this  section as an inducement for the purchase of coverage

 14-2    under the plan.

 14-3          (e)  A group health benefit plan issuer may not use the

 14-4    refusal of an applicant to submit to a genetic test to reject,

 14-5    deny, limit, cancel, refuse to renew, increase the premiums for, or

 14-6    otherwise adversely affect eligibility for or coverage under the

 14-7    group health benefit plan.

 14-8          Sec. 4.  INFORMATION CONFIDENTIAL; EXCEPTIONS.  (a)  Except

 14-9    as provided by Subsections (c) and (d) of this section, genetic

14-10    information is confidential and privileged regardless of the source

14-11    of the information.  A person or entity that holds that information

14-12    may not disclose or be compelled to disclose, by subpoena or

14-13    otherwise, genetic information about an individual unless the

14-14    disclosure is specifically authorized by the individual as provided

14-15    by Subsection (b) of this section.  This subsection applies to a

14-16    redisclosure of genetic information by a secondary recipient of the

14-17    information after disclosure of the information by an initial

14-18    recipient.

14-19          (b)  An individual or the legal representative of an

14-20    individual may authorize the disclosure of genetic information

14-21    relating to that individual through an authorization that:

14-22                (1)  is written in plain language;

14-23                (2)  is dated;

14-24                (3)  contains a specific description of the information

14-25    to be disclosed;

14-26                (4)  identifies or describes each person authorized to

14-27    disclose the genetic information to a group health benefit plan

 15-1    issuer;

 15-2                (5)  identifies or describes the individuals or

 15-3    entities to whom the disclosure or subsequent redisclosure of the

 15-4    genetic information may be made;

 15-5                (6)  describes the specific purpose of the disclosure;

 15-6                (7)  is signed by the individual or the legal

 15-7    representative and, if the disclosure is for claiming proceeds of

 15-8    any affected life insurance policy, the claimant; and

 15-9                (8)  advises the individual or legal representative

15-10    that the  individual's authorized representative is entitled to

15-11    receive a copy of the authorization form.

15-12          (c)  Subject to Subchapter G, Chapter 411, Government Code,

15-13    genetic information relating to an individual may be disclosed

15-14    without the authorization required under Subsection (b) of this

15-15    section if the disclosure is:

15-16                (1)  authorized under a state or federal criminal law

15-17    relating to:

15-18                      (A)  the identification of individuals; or

15-19                      (B)  a criminal or juvenile proceeding, an

15-20    inquest, or a child fatality review by a multidisciplinary

15-21    child-abuse team;

15-22                (2)  required under a specific order of a state or

15-23    federal court;

15-24                (3)  authorized under a state or federal law to

15-25    establish paternity;

15-26                (4)  made to furnish genetic information relating to a

15-27    decedent to the blood relatives of the decedent for the purpose of

 16-1    medical diagnosis; or

 16-2                (5)  made to identify a decedent.

 16-3          (d) Except as provided by this subsection, a group health

 16-4    benefit plan issuer may not redisclose genetic information unless

 16-5    the redisclosure is consistent with the disclosures authorized by

 16-6    the tested individual under an authorization form executed under

 16-7    Subsection (b) of this section.  A group health benefit plan issuer

 16-8    may redisclose genetic information:

 16-9                (1)  for actuarial or research studies if:

16-10                      (A)  a tested individual may not be identified in

16-11    any actuarial or research report; and

16-12                      (B)  any materials that identify a tested

16-13    individual are returned or destroyed as soon as reasonably

16-14    practicable;

16-15                (2)  to the department for the purposes of the

16-16    enforcement of this article; or

16-17                (3)  for purposes directly related to enabling business

16-18    decisions to be made about the purchase, transfer, merger, or sale

16-19    of all or part of an insurance business or about obtaining

16-20    reinsurance affecting that insurance business.

16-21          (e)  A redisclosure authorized under Subsection (d) of this

16-22    section may contain only information reasonably necessary to

16-23    accomplish the purpose for which the information is disclosed.

16-24          Sec. 5.  RIGHT TO KNOW TEST RESULTS.  An individual who

16-25    submits to a genetic test has the right to know the results of that

16-26    test.  On the written request of the individual, the group health

16-27    benefit plan issuer or other entity that performed the test shall

 17-1    disclose the test results to the individual or to a physician

 17-2    designated by the individual.  The right to information under this

 17-3    section is in addition to any right or requirement established

 17-4    under Section 3 of this article.

 17-5          Sec. 6.  RETENTION OF SAMPLE.  A sample of genetic material

 17-6    taken for a genetic test from an individual shall be destroyed

 17-7    promptly after the purpose for which the sample was obtained is

 17-8    accomplished unless:

 17-9                (1)  the sample is retained under a court order;

17-10                (2)  the individual tested authorizes retention of the

17-11    sample for purposes of medical treatment or scientific research;

17-12                (3)  for a sample obtained for research that is cleared

17-13    by an institutional review board, the sample is retained under the

17-14    requirements that the institutional review board imposes on a

17-15    specific research project or as authorized by the research

17-16    participant with institutional review board approval under federal

17-17    law; or

17-18                (4)  the sample was obtained for a screening test

17-19    established by the Texas Department of Health and performed by that

17-20    department or by a laboratory approved by that department under

17-21    Section 33.011, Health and Safety Code.

17-22          Sec. 7.  CEASE AND DESIST ORDER; ADMINISTRATIVE PENALTY.

17-23    (a)  On a finding by the commissioner that a group health benefit

17-24    plan issuer is in violation of this article, the commissioner may

17-25    enter a cease and desist order in the manner provided under Article

17-26    1.10A of this code.  If the group health benefit plan issuer

17-27    refuses or fails to comply with the cease and desist order, the

 18-1    commissioner may, in the manner provided by this code and the other

 18-2    insurance laws of this state, revoke or suspend the issuer's

 18-3    certificate of authority or other authorization to engage in the

 18-4    operation of a group health benefit plan in this state.

 18-5          (b)  A group health benefit plan issuer that operates the

 18-6    plan in violation of this article is subject to an administrative

 18-7    penalty as provided by Article 1.10E of this code.

 18-8          SECTION 4.  This Act takes effect September 1, 1997.

 18-9          SECTION 5.  Article 9031, Revised Statutes, as added by this

18-10    Act, applies only to a license issued or renewed by a licensing

18-11    authority on or after the effective date of this Act.  A license

18-12    issued or renewed before that date is governed by the law in effect

18-13    on the date the license was issued or renewed, and the former law

18-14    is continued in effect for that purpose.

18-15          SECTION 6.  Article 21.73, Insurance Code, as added by this

18-16    Act, applies only to a group health benefit plan that is delivered,

18-17    issued for delivery, or renewed on or after January 1, 1998.  A

18-18    group health benefit plan that is delivered, issued for delivery,

18-19    or renewed before January 1, 1998, is governed by the law as it

18-20    existed immediately before the effective date of this Act, and that

18-21    law is continued in effect for that purpose.

18-22          SECTION 7.  The importance of this legislation and the

18-23    crowded condition of the calendars in both houses create an

18-24    emergency and an imperative public necessity that the

18-25    constitutional rule requiring bills to be read on three several

18-26    days in each house be suspended, and this rule is hereby suspended.