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; providing an administrative penalty. 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 2-1 (D) a test for the presence of the human 2-2 immunodeficiency virus. 2-3 (4) "RNA" means ribonucleic acid. 2-4 Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION 2-5 PROHIBITED. (a) An employer commits an unlawful employment 2-6 practice if the employer fails or refuses to hire, discharges, or 2-7 otherwise discriminates against an individual with respect to 2-8 compensation or the terms, conditions, or privileges of employment: 2-9 (1) on the basis of genetic information concerning the 2-10 individual; or 2-11 (2) because of the refusal of the individual to submit 2-12 to a genetic test. 2-13 (b) A labor organization commits an unlawful employment 2-14 practice if the labor organization excludes or expels from 2-15 membership or otherwise discriminates against an individual: 2-16 (1) on the basis of genetic information concerning the 2-17 individual; or 2-18 (2) because of the refusal of the individual to submit 2-19 to a genetic test. 2-20 (c) An employment agency commits an unlawful employment 2-21 practice if the employment agency classifies or refers for 2-22 employment, fails or refuses to refer for employment, or otherwise 2-23 discriminates against an individual: 2-24 (1) on the basis of genetic information concerning the 2-25 individual; or 2-26 (2) because of the refusal of the individual to submit 2-27 to a genetic test. 3-1 (d) An employer, labor organization, or employment agency 3-2 commits an unlawful employment practice if the employer, labor 3-3 organization, or employment agency limits, segregates, or 3-4 classifies an employee, member, or applicant for employment or 3-5 membership in a way that would deprive or tend to deprive the 3-6 employee, member, or applicant of employment opportunities or 3-7 otherwise adversely affect the status of the employee, member, or 3-8 applicant: 3-9 (1) on the basis of genetic information concerning the 3-10 employee, member, or applicant; or 3-11 (2) because of the refusal of the employee, member, or 3-12 applicant to submit to a genetic test. 3-13 Sec. 21.403. INFORMATION CONFIDENTIAL; EXCEPTIONS. 3-14 (a) Except as provided by Subsections (c) and (d), genetic 3-15 information is confidential and privileged regardless of the source 3-16 of the information. A person who holds that information may not 3-17 disclose or be compelled to disclose, by subpoena or otherwise, 3-18 genetic information about an individual unless the disclosure is 3-19 specifically authorized by the individual as provided by Subsection 3-20 (b). This subsection applies to a redisclosure of genetic 3-21 information by a secondary recipient of the information after 3-22 disclosure of the information by an initial recipient. 3-23 (b) An individual or the legal representative of an 3-24 individual may authorize the disclosure of genetic information 3-25 relating to that individual through a written authorization that 3-26 includes: 3-27 (1) a description of the information to be disclosed; 4-1 (2) the name of the person to whom the disclosure is 4-2 made; and 4-3 (3) the purpose for the disclosure. 4-4 (c) Subject to Subchapter G, Chapter 411, Government Code, 4-5 genetic information relating to an individual may be disclosed 4-6 without the authorization required under Subsection (b) if the 4-7 disclosure is: 4-8 (1) authorized under a state or federal criminal law 4-9 relating to: 4-10 (A) the identification of individuals; or 4-11 (B) a criminal or juvenile proceeding, an 4-12 inquest, or a child fatality review by a multidisciplinary 4-13 child-abuse team; 4-14 (2) required under a specific order of a state or 4-15 federal court; 4-16 (3) authorized under a state or federal law to 4-17 establish paternity; 4-18 (4) made to furnish genetic information relating to a 4-19 decedent to the blood relatives of the decedent for the purpose of 4-20 medical diagnosis; or 4-21 (5) made to identify a decedent. 4-22 (d) In addition to the exceptions under Subsection (c), 4-23 genetic information relating to an individual may be disclosed 4-24 without the authorization required under Subsection (b) if: 4-25 (1) the disclosure is for information from a research 4-26 study in which the procedure for obtaining informed written consent 4-27 and use of the information is governed by national standards for 5-1 protecting participants involved in research projects, including 5-2 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46; 5-3 (2) the information does not identify a particular 5-4 individual; and 5-5 (3) the information is provided to the Texas 5-6 Department of Health to comply with Chapter 87, Health and Safety 5-7 Code. 5-8 Sec. 21.404. RIGHT TO KNOW TEST RESULTS. An individual who 5-9 submits to a genetic test has the right to know the results of that 5-10 test. On the written request of the individual, the entity that 5-11 performed the test shall disclose the test results to the 5-12 individual or to a physician designated by the individual. 5-13 Sec. 21.405. RETENTION OF SAMPLE. A sample of genetic 5-14 material taken for a genetic test from an individual shall be 5-15 destroyed promptly after the purpose for which the sample was 5-16 obtained is accomplished unless: 5-17 (1) the sample is retained under a court order; 5-18 (2) the individual tested authorizes retention of the 5-19 sample for purposes of medical treatment or scientific research; 5-20 (3) for a sample obtained for research that is cleared 5-21 by an institutional review board, the sample is retained under the 5-22 requirements that the institutional review board imposes on a 5-23 specific research project or as authorized by the research 5-24 participant with institutional review board approval under federal 5-25 law; or 5-26 (4) the sample was obtained for a screening test 5-27 established by the Texas Department of Health and performed by that 6-1 department or by a laboratory approved by that department under 6-2 Section 33.011, Health and Safety Code. 6-3 SECTION 2. Chapter 20, Title 132, Revised Statutes, is 6-4 amended by adding Article 9031 to read as follows: 6-5 Art. 9031. PROHIBITED USE OF GENETIC INFORMATION 6-6 Sec. 1. DEFINITIONS. In this article: 6-7 (1) "DNA" means deoxyribonucleic acid. 6-8 (2) "Genetic information" means information derived 6-9 from the results of a genetic test. 6-10 (3) "Genetic test" means a laboratory test of an 6-11 individual's DNA, RNA, proteins, or chromosomes to identify by 6-12 analysis of the DNA, RNA, proteins, or chromosomes the genetic 6-13 mutations or alterations in the DNA, RNA, proteins, or chromosomes 6-14 that are associated with a predisposition for a clinically 6-15 recognized disease or disorder. The term does not include: 6-16 (A) a routine physical examination or a routine 6-17 test performed as a part of a physical examination; 6-18 (B) a chemical, blood, or urine analysis; 6-19 (C) a test to determine drug use; or 6-20 (D) a test for the presence of the human 6-21 immunodeficiency virus. 6-22 (4) "Licensing authority" means a state agency or 6-23 political subdivision that issues an occupational license. 6-24 (5) "Occupational license" means a license, 6-25 certificate, registration, permit, or other form of authorization 6-26 required by law or rule that must be obtained by an individual to 6-27 engage in a particular business or occupation. 7-1 (6) "Political subdivision" means a municipality, 7-2 county, or special district or authority. The term includes a 7-3 school district. 7-4 (7) "RNA" means ribonucleic acid. 7-5 (8) "State agency" means a department, board, bureau, 7-6 commission, committee, division, office, council, or agency in the 7-7 executive or judicial branch of state government. 7-8 Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing 7-9 authority may not deny an application for an occupational license, 7-10 suspend, revoke, or refuse to renew an occupational license, or 7-11 take any other disciplinary action against a license holder based 7-12 on the refusal of the license applicant or license holder to: 7-13 (1) submit to a genetic test; or 7-14 (2) reveal: 7-15 (A) whether the applicant or holder has 7-16 submitted to a genetic test; or 7-17 (B) the results of any genetic test to which the 7-18 applicant or holder has submitted. 7-19 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except 7-20 as provided by Subsections (c) and (d) of this section, genetic 7-21 information is confidential and privileged regardless of the source 7-22 of the information. A person or entity that holds that information 7-23 may not disclose or be compelled to disclose, by subpoena or 7-24 otherwise, genetic information about an individual unless the 7-25 disclosure is specifically authorized by the individual as provided 7-26 by Subsection (b) of this section. This subsection applies to a 7-27 redisclosure of genetic information by a secondary recipient of the 8-1 information after disclosure of the information by an initial 8-2 recipient. 8-3 (b) An individual or the legal representative of an 8-4 individual may authorize the disclosure of genetic information 8-5 relating to that individual through a written authorization that 8-6 includes: 8-7 (1) a description of the information to be disclosed; 8-8 (2) the name of the person or entity to whom the 8-9 disclosure is made; and 8-10 (3) the purpose for the disclosure. 8-11 (c) Subject to Subchapter G, Chapter 411, Government Code, 8-12 genetic information relating to an individual may be disclosed 8-13 without the authorization required under Subsection (b) of this 8-14 section if the disclosure is: 8-15 (1) authorized under a state or federal criminal law 8-16 relating to: 8-17 (A) the identification of individuals; or 8-18 (B) a criminal or juvenile proceeding, an 8-19 inquest, or a child fatality review by a multidisciplinary 8-20 child-abuse team; 8-21 (2) required under a specific order of a state or 8-22 federal court; 8-23 (3) authorized under a state or federal law to 8-24 establish paternity; 8-25 (4) made to furnish genetic information relating to a 8-26 decedent to the blood relatives of the decedent for the purpose of 8-27 medical diagnosis; or 9-1 (5) made to identify a decedent. 9-2 (d) In addition to the exceptions under Subsection (c), 9-3 genetic information relating to an individual may be disclosed 9-4 without the authorization required under Subsection (b) if: 9-5 (1) the disclosure is for information from a research 9-6 study in which the procedure for obtaining informed written consent 9-7 and use of the information is governed by national standards for 9-8 protecting participants involved in research projects, including 9-9 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 9-10 46; 9-11 (2) the information does not identify a particular 9-12 individual; and 9-13 (3) the information is provided to the Texas 9-14 Department of Health to comply with Chapter 87, Health and Safety 9-15 Code. 9-16 Sec. 4. RIGHT TO KNOW TEST RESULTS. An individual who 9-17 submits to a genetic test has the right to know the results of that 9-18 test. On the written request of the individual, the entity that 9-19 performed the test shall disclose the test results to the 9-20 individual or to a physician designated by the individual. 9-21 Sec. 5. RETENTION OF SAMPLE. A sample of genetic material 9-22 taken for a genetic test from an individual shall be destroyed 9-23 promptly after the purpose for which the sample was obtained is 9-24 accomplished unless: 9-25 (1) the sample is retained under a court order; 9-26 (2) the individual tested authorizes retention of the 9-27 sample for purposes of medical treatment or scientific research; 10-1 (3) for a sample obtained for research that is cleared 10-2 by an institutional review board, the sample is retained under the 10-3 requirements that the institutional review board imposes on a 10-4 specific research project or as authorized by the research 10-5 participant with institutional review board approval under federal 10-6 law; or 10-7 (4) the sample was obtained for a screening test 10-8 established by the Texas Department of Health and performed by that 10-9 department or by a laboratory approved by that department under 10-10 Section 33.011, Health and Safety Code. 10-11 SECTION 3. Subchapter E, Chapter 21, Insurance Code, is 10-12 amended by adding Article 21.73 to read as follows: 10-13 Art. 21.73. USE OF GENETIC TESTING INFORMATION BY INSURERS 10-14 Sec. 1. DEFINITIONS. In this article: 10-15 (1) "DNA" means deoxyribonucleic acid. 10-16 (2) "Genetic information" means information derived 10-17 from the results of a genetic test. 10-18 (3) "Genetic test" means a laboratory test of an 10-19 individual's DNA, RNA, proteins, or chromosomes to identify by 10-20 analysis of the DNA, RNA, proteins, or chromosomes the genetic 10-21 mutations or alterations in the DNA, RNA, proteins, or chromosomes 10-22 that are associated with a predisposition for a clinically 10-23 recognized disease or disorder. The term does not include: 10-24 (A) a routine physical examination or a routine 10-25 test performed as a part of a physical examination; 10-26 (B) a chemical, blood, or urine analysis; 10-27 (C) a test to determine drug use; or 11-1 (D) a test for the presence of the human 11-2 immunodeficiency virus. 11-3 (4) "Group health benefit plan" means a plan described 11-4 by Section 2 of this article. 11-5 (5) "RNA" means ribonucleic acid. 11-6 Sec. 2. SCOPE OF ARTICLE. (a) This article applies to a 11-7 group health benefit plan that: 11-8 (1) provides benefits for medical or surgical expenses 11-9 incurred as a result of a health condition, accident, or sickness, 11-10 including: 11-11 (A) a group, blanket, or franchise insurance 11-12 policy or insurance agreement, a group hospital service contract, 11-13 or a group evidence of coverage that is offered by: 11-14 (i) an insurance company; 11-15 (ii) a group hospital service corporation 11-16 operating under Chapter 20 of this code; 11-17 (iii) a fraternal benefit society 11-18 operating under Chapter 10 of this code; 11-19 (iv) a stipulated premium insurance 11-20 company operating under Chapter 22 of this code; or 11-21 (v) a health maintenance organization 11-22 operating under the Texas Health Maintenance Organization Act 11-23 (Chapter 20A, Vernon's Texas Insurance Code); or 11-24 (B) to the extent permitted by the Employee 11-25 Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et 11-26 seq.), a group health benefit plan that is offered by: 11-27 (i) a multiple employer welfare 12-1 arrangement as defined by Section 3, Employee Retirement Income 12-2 Security Act of 1974 (29 U.S.C. Section 1002); 12-3 (ii) any other entity not licensed under 12-4 this code or another insurance law of this state that contracts 12-5 directly for health care services on a risk-sharing basis, 12-6 including an entity that contracts for health care services on a 12-7 capitation basis; or 12-8 (iii) another analogous benefit 12-9 arrangement; or 12-10 (2) is offered by an approved nonprofit health 12-11 corporation that is certified under Section 5.01(a), Medical 12-12 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and 12-13 that holds a certificate of authority issued by the commissioner 12-14 under Article 21.52F of this code. 12-15 (b) This article does not apply to: 12-16 (1) a plan that provides coverage: 12-17 (A) only for a specified disease; 12-18 (B) only for accidental death or dismemberment; 12-19 (C) for wages or payments in lieu of wages for a 12-20 period during which an employee is absent from work because of 12-21 sickness or injury; or 12-22 (D) as a supplement to liability insurance; 12-23 (2) a Medicare supplemental policy as defined by 12-24 Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); 12-25 (3) workers' compensation insurance coverage; 12-26 (4) medical payment insurance issued as part of a 12-27 motor vehicle insurance policy; or 13-1 (5) a long-term care policy, including a nursing home 13-2 fixed indemnity policy, unless the commissioner determines that the 13-3 policy provides benefit coverage so comprehensive that the policy 13-4 is a group health benefit plan as described by Subsection (a) of 13-5 this section. 13-6 Sec. 3. USE OF GENETIC INFORMATION BY GROUP HEALTH BENEFIT 13-7 PLAN. (a) A group health benefit plan issuer may not use genetic 13-8 information to reject, deny, limit, cancel, refuse to renew, 13-9 increase the premiums for, or otherwise adversely affect 13-10 eligibility for or coverage under the group health benefit plan. 13-11 (b) If a group health benefit plan issuer requests that an 13-12 applicant for coverage under the plan submit to a genetic test in 13-13 connection with the application for coverage for a purpose other 13-14 than a purpose prohibited under Subsection (a) of this section, the 13-15 issuer must: 13-16 (1) notify the applicant that the test is required; 13-17 (2) disclose to the applicant the proposed use of the 13-18 test results; and 13-19 (3) obtain the applicant's written informed consent 13-20 for the test before the administration of the test. 13-21 (c) In the consent form, the applicant shall state whether 13-22 the applicant elects to be informed of the results of the test. If 13-23 the applicant does so elect, the person or entity that performs the 13-24 test shall disclose the results of the test to the applicant, as 13-25 well as to the group health benefit plan issuer, and the group 13-26 health benefit plan issuer shall ensure that: 13-27 (1) the applicant receives an interpretation of the 14-1 test results made by a qualified health care practitioner; and 14-2 (2) a physician or other health care practitioner 14-3 designated by the applicant receives a copy of the results of the 14-4 test. 14-5 (d) A group health benefit plan issuer may not use the 14-6 results of a genetic test conducted in accordance with Subsection 14-7 (b) of this section as an inducement for the purchase of coverage 14-8 under the plan. 14-9 (e) A group health benefit plan issuer may not use the 14-10 refusal of an applicant to submit to a genetic test to reject, 14-11 deny, limit, cancel, refuse to renew, increase the premiums for, or 14-12 otherwise adversely affect eligibility for or coverage under the 14-13 group health benefit plan. 14-14 Sec. 4. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except 14-15 as provided by Subsections (c) and (d) of this section, genetic 14-16 information is confidential and privileged regardless of the source 14-17 of the information. A person or entity that holds that information 14-18 may not disclose or be compelled to disclose, by subpoena or 14-19 otherwise, genetic information about an individual unless the 14-20 disclosure is specifically authorized by the individual as provided 14-21 by Subsection (b) of this section. This subsection applies to a 14-22 redisclosure of genetic information by a secondary recipient of the 14-23 information after disclosure of the information by an initial 14-24 recipient. 14-25 (b) An individual or the legal representative of an 14-26 individual may authorize the disclosure of genetic information 14-27 relating to that individual through an authorization that: 15-1 (1) is written in plain language; 15-2 (2) is dated; 15-3 (3) contains a specific description of the information 15-4 to be disclosed; 15-5 (4) identifies or describes each person authorized to 15-6 disclose the genetic information to a group health benefit plan 15-7 issuer; 15-8 (5) identifies or describes the individuals or 15-9 entities to whom the disclosure or subsequent redisclosure of the 15-10 genetic information may be made; 15-11 (6) describes the specific purpose of the disclosure; 15-12 (7) is signed by the individual or the legal 15-13 representative and, if the disclosure is for claiming proceeds of 15-14 any affected life insurance policy, the claimant; and 15-15 (8) advises the individual or legal representative 15-16 that the individual's authorized representative is entitled to 15-17 receive a copy of the authorization form. 15-18 (c) Subject to Subchapter G, Chapter 411, Government Code, 15-19 genetic information relating to an individual may be disclosed 15-20 without the authorization required under Subsection (b) of this 15-21 section if the disclosure is: 15-22 (1) authorized under a state or federal criminal law 15-23 relating to: 15-24 (A) the identification of individuals; or 15-25 (B) a criminal or juvenile proceeding, an 15-26 inquest, or a child fatality review by a multidisciplinary 15-27 child-abuse team; 16-1 (2) required under a specific order of a state or 16-2 federal court; 16-3 (3) authorized under a state or federal law to 16-4 establish paternity; 16-5 (4) made to furnish genetic information relating to a 16-6 decedent to the blood relatives of the decedent for the purpose of 16-7 medical diagnosis; or 16-8 (5) made to identify a decedent. 16-9 (d) Except as provided by this subsection, a group health 16-10 benefit plan issuer may not redisclose genetic information unless 16-11 the redisclosure is consistent with the disclosures authorized by 16-12 the tested individual under an authorization form executed under 16-13 Subsection (b) of this section. A group health benefit plan issuer 16-14 may redisclose genetic information: 16-15 (1) for actuarial or research studies if: 16-16 (A) a tested individual may not be identified in 16-17 any actuarial or research report; and 16-18 (B) any materials that identify a tested 16-19 individual are returned or destroyed as soon as reasonably 16-20 practicable; 16-21 (2) to the department for the purposes of the 16-22 enforcement of this article; or 16-23 (3) for purposes directly related to enabling business 16-24 decisions to be made about the purchase, transfer, merger, or sale 16-25 of all or part of an insurance business or about obtaining 16-26 reinsurance affecting that insurance business. 16-27 (e) A redisclosure authorized under Subsection (d) of this 17-1 section may contain only information reasonably necessary to 17-2 accomplish the purpose for which the information is disclosed. 17-3 Sec. 5. RIGHT TO KNOW TEST RESULTS. An individual who 17-4 submits to a genetic test has the right to know the results of that 17-5 test. On the written request of the individual, the group health 17-6 benefit plan issuer or other entity that performed the test shall 17-7 disclose the test results to the individual or to a physician 17-8 designated by the individual. The right to information under this 17-9 section is in addition to any right or requirement established 17-10 under Section 3 of this article. 17-11 Sec. 6. RETENTION OF SAMPLE. A sample of genetic material 17-12 taken for a genetic test from an individual shall be destroyed 17-13 promptly after the purpose for which the sample was obtained is 17-14 accomplished unless: 17-15 (1) the sample is retained under a court order; 17-16 (2) the individual tested authorizes retention of the 17-17 sample for purposes of medical treatment or scientific research; 17-18 (3) for a sample obtained for research that is cleared 17-19 by an institutional review board, the sample is retained under the 17-20 requirements that the institutional review board imposes on a 17-21 specific research project or as authorized by the research 17-22 participant with institutional review board approval under federal 17-23 law; or 17-24 (4) the sample was obtained for a screening test 17-25 established by the Texas Department of Health and performed by that 17-26 department or by a laboratory approved by that department under 17-27 Section 33.011, Health and Safety Code. 18-1 Sec. 7. CEASE AND DESIST ORDER; ADMINISTRATIVE PENALTY. 18-2 (a) On a finding by the commissioner that a group health benefit 18-3 plan issuer is in violation of this article, the commissioner may 18-4 enter a cease and desist order in the manner provided under Article 18-5 1.10A of this code. If the group health benefit plan issuer 18-6 refuses or fails to comply with the cease and desist order, the 18-7 commissioner may, in the manner provided by this code and the other 18-8 insurance laws of this state, revoke or suspend the issuer's 18-9 certificate of authority or other authorization to engage in the 18-10 operation of a group health benefit plan in this state. 18-11 (b) A group health benefit plan issuer that operates the 18-12 plan in violation of this article is subject to an administrative 18-13 penalty as provided by Article 1.10E of this code. 18-14 Sec. 8. EFFECT OF PREGNANCY. (a) No issuer of a group 18-15 health benefit plan shall require, as a condition of insurance 18-16 coverage, genetic testing of a child in utero without the consent 18-17 of the pregnant woman. 18-18 (b) No issuer of a group health benefit plan shall use 18-19 genetic information to coerce or compel a pregnant woman to have an 18-20 induced abortion. 18-21 (c) "Coercion" for the purposes of this section means the 18-22 restraining or domination of the free will of a woman by actual or 18-23 implied force, or by actual or implied threat of rejection, denial, 18-24 limitation, cancellation, refusal to renew, or otherwise adversely 18-25 affecting eligibility for coverage under a group health benefit 18-26 plan. 18-27 SECTION 4. This Act takes effect September 1, 1997. 19-1 SECTION 5. Article 9031, Revised Statutes, as added by this 19-2 Act, applies only to a license issued or renewed by a licensing 19-3 authority on or after the effective date of this Act. A license 19-4 issued or renewed before that date is governed by the law in effect 19-5 on the date the license was issued or renewed, and the former law 19-6 is continued in effect for that purpose. 19-7 SECTION 6. Article 21.73, Insurance Code, as added by this 19-8 Act, applies only to a group health benefit plan that is delivered, 19-9 issued for delivery, or renewed on or after January 1, 1998. A 19-10 group health benefit plan that is delivered, issued for delivery, 19-11 or renewed before January 1, 1998, is governed by the law as it 19-12 existed immediately before the effective date of this Act, and that 19-13 law is continued in effect for that purpose. 19-14 SECTION 7. The importance of this legislation and the 19-15 crowded condition of the calendars in both houses create an 19-16 emergency and an imperative public necessity that the 19-17 constitutional rule requiring bills to be read on three several 19-18 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 39 was passed by the House on April 3, 1997, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 39 on May 19, 1997, and requested the appointment of a conference committee to consider the differences between the two houses; that the House adopted the conference committee report on H.B. No. 39 on May 28, 1997, by a non-record vote; and that the House adopted H.C.R. No. 302 authorizing certain corrections in H.B. No. 39 on May 29, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 39 was passed by the Senate, with amendments, on May 15, 1997, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; that the Senate adopted the conference committee report on H.B. No. 39 on May 26, 1997, by a viva-voce vote; and that the Senate adopted H.C.R. No. 302 authorizing certain corrections in H.B. No. 39 on May 30, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor