1-1 By: McCall, et al. (Senate Sponsor - Zaffirini) H.B. No. 39 1-2 (In the Senate - Received from the House April 3, 1997; 1-3 April 8, 1997, read first time and referred to Committee on 1-4 Economic Development; May 6, 1997, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 8, Nays 1-6 0; May 6, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 39 By: Sibley 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to a prohibition of discrimination in the determination of 1-11 eligibility for employment, occupational licenses, and coverage 1-12 under certain health benefit plans based on the use of certain 1-13 genetic tests and to limitations on the use of information derived 1-14 from those tests. 1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-16 SECTION 1. Chapter 21, Labor Code, is amended by adding 1-17 Subchapter H to read as follows: 1-18 SUBCHAPTER H. DISCRIMINATORY USE OF GENETIC INFORMATION 1-19 Sec. 21.401. DEFINITIONS. In this subchapter: 1-20 (1) "DNA" means deoxyribonucleic acid. 1-21 (2) "Genetic information" means information derived 1-22 from the results of a genetic test. 1-23 (3) "Genetic test" means a laboratory test of an 1-24 individual's DNA, RNA or chromosomes to identify by analysis of the 1-25 DNA, RNA or chromosomes the genetic mutations or alterations in the 1-26 DNA, RNA or chromosomes that are associated with a predisposition 1-27 for a clinically recognized disease or disorder. The term does not 1-28 include: 1-29 (A) a routine physical examination or a routine 1-30 test performed as a part of a physical examination; 1-31 (B) a chemical, blood, or urine analysis; 1-32 (C) a test to determine drug use; or 1-33 (D) a test for the presence of the human 1-34 immunodeficiency virus. 1-35 (4) "RNA" means ribonucleic acid. 1-36 Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION 1-37 PROHIBITED. (a) An employer commits an unlawful employment 1-38 practice if the employer fails or refuses to hire, discharges, or 1-39 otherwise discriminates against an individual with respect to 1-40 compensation or the terms, conditions, or privileges of employment: 1-41 (1) on the basis of genetic information concerning the 1-42 individual; or 1-43 (2) because of the refusal of the individual to submit 1-44 to a genetic test. 1-45 (b) A labor organization commits an unlawful employment 1-46 practice if the labor organization excludes or expels from 1-47 membership or otherwise discriminates against an individual: 1-48 (1) on the basis of genetic information concerning the 1-49 individual; or 1-50 (2) because of the refusal of the individual to submit 1-51 to a genetic test. 1-52 (c) An employment agency commits an unlawful employment 1-53 practice if the employment agency classifies or refers for 1-54 employment, fails or refuses to refer for employment, or otherwise 1-55 discriminates against an individual: 1-56 (1) on the basis of genetic information concerning the 1-57 individual; or 1-58 (2) because of the refusal of the individual to submit 1-59 to a genetic test. 1-60 (d) An employer, labor organization, or employment agency 1-61 commits an unlawful employment practice if the employer, labor 1-62 organization, or employment agency limits, segregates, or 1-63 classifies an employee, member, or applicant for employment or 1-64 membership in a way that would deprive or tend to deprive the 2-1 employee, member, or applicant of employment opportunities or 2-2 otherwise adversely affect the status of the employee, member, or 2-3 applicant: 2-4 (1) on the basis of genetic information concerning the 2-5 employee, member, or applicant; or 2-6 (2) because of the refusal of the employee, member, or 2-7 applicant to submit to a genetic test. 2-8 Sec. 21.403. INFORMATION CONFIDENTIAL; EXCEPTIONS. 2-9 (a) Except as provided by Subsections (c) and (d), genetic 2-10 information is confidential and privileged regardless of the source 2-11 of the information. A person who holds that information may not 2-12 disclose or be compelled to disclose, by subpoena or otherwise, 2-13 genetic information about an individual unless the disclosure is 2-14 specifically authorized by the individual as provided by Subsection 2-15 (b). This subsection applies to a redisclosure of genetic 2-16 information by a secondary recipient of the information after 2-17 disclosure of the information by an initial recipient. 2-18 (b) An individual or the legal representative of an 2-19 individual may authorize the disclosure of genetic information 2-20 relating to that individual through a written authorization that 2-21 includes: 2-22 (1) a description of the information to be disclosed; 2-23 (2) the name of the person to whom the disclosure is 2-24 made; and 2-25 (3) the purpose for the disclosure. 2-26 (c) Subject to Subchapter G, Chapter 411, Government Code, 2-27 genetic information relating to an individual may be disclosed 2-28 without the authorization required under Subsection (b) if the 2-29 disclosure is: 2-30 (1) authorized under a state or federal criminal law 2-31 relating to: 2-32 (A) the identification of individuals; or 2-33 (B) a criminal or juvenile proceeding, an 2-34 inquest, or a child fatality review by a multidisciplinary child 2-35 abuse team; 2-36 (2) required under a specific order of a state or 2-37 federal court; 2-38 (3) authorized under a state or federal law to 2-39 establish paternity; 2-40 (4) made to furnish genetic information relating to a 2-41 decedent to the blood relatives of the decedent for the purpose of 2-42 medical diagnosis; or 2-43 (5) made to identify a decedent. 2-44 (d) In addition to the exceptions under Subsection (c), 2-45 genetic information relating to an individual may be disclosed 2-46 without the authorization required under Subsection (b) if: 2-47 (1) the disclosure is for information from a research 2-48 study in which the procedure for obtaining informed written consent 2-49 and use of the information is governed by national standards for 2-50 protecting participants involved in research projects, including 2-51 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46; 2-52 (2) the information does not identify a particular 2-53 individual; and 2-54 (3) the information is provided by the Texas 2-55 Department of Health to comply with Chapter 87, Health and Safety 2-56 Code. 2-57 Sec. 21.404. RIGHT TO KNOW TEST RESULTS. An individual who 2-58 submits to a genetic test has the right to know the results of that 2-59 test. On the written request of the individual, the entity that 2-60 performed the test shall disclose the test results to the 2-61 individual or to a physician designated by the individual. 2-62 Sec. 21.405. RETENTION OF SAMPLE. A sample of genetic 2-63 material taken for a genetic test from an individual shall be 2-64 destroyed promptly after the purpose for which the sample was 2-65 obtained is accomplished unless: 2-66 (1) the sample is retained under a court order; 2-67 (2) the individual tested authorizes retention of the 2-68 sample for purposes of medical treatment or scientific research; 2-69 (3) for a sample obtained for research that is cleared 3-1 by an institutional review board, the sample is retained under the 3-2 requirements that the institutional review board imposes on a 3-3 specific research project or as authorized by the research 3-4 participant with institutional review board approval under federal 3-5 law; or 3-6 (4) the sample was obtained for a screening test 3-7 established by the Texas Department of Health and performed by that 3-8 department or by a laboratory approved by that department under 3-9 Section 33.011, Health and Safety Code. 3-10 SECTION 2. Chapter 20, Title 132, Revised Statutes, is 3-11 amended by adding Article 9031 to read as follows: 3-12 Art. 9031. PROHIBITED USE OF GENETIC INFORMATION 3-13 Sec. 1. DEFINITIONS. In this article: 3-14 (1) "DNA" means deoxyribonucleic acid. 3-15 (2) "Genetic information" means information derived 3-16 from the results of a genetic test. 3-17 (3) "Genetic test" means a laboratory test of an 3-18 individual's DNA, RNA or chromosomes to identify by analysis of the 3-19 DNA, RNA or chromosomes the genetic mutations or alterations in the 3-20 DNA, RNA or chromosomes that are associated with a predisposition 3-21 for a clinically recognized disease or disorder. The term does not 3-22 include: 3-23 (A) a routine physical examination or a routine 3-24 test performed as a part of a physical examination; 3-25 (B) a chemical, blood, or urine analysis; 3-26 (C) a test to determine drug use; or 3-27 (D) a test for the presence of the human 3-28 immunodeficiency virus. 3-29 (4) "Licensing authority" means a state agency or 3-30 political subdivision that issues an occupational license. 3-31 (5) "Occupational license" means a license, 3-32 certificate, registration, permit, or other form of authorization 3-33 required by law or rule that must be obtained by an individual to 3-34 engage in a particular business or occupation. 3-35 (6) "Political subdivision" means a municipality, 3-36 county, or special district or authority. The term includes a 3-37 school district. 3-38 (7) "RNA" means ribonucleic acid. 3-39 (8) "State agency" means a department, board, bureau, 3-40 commission, committee, division, office, council, or agency in the 3-41 executive or judicial branch of state government. 3-42 Sec. 2. GENETIC TESTING REQUIREMENT PROHIBITED. A licensing 3-43 authority may not deny an application for an occupational license, 3-44 suspend, revoke, or refuse to renew an occupational license, or 3-45 take any other disciplinary action against a license holder based 3-46 on the refusal of the license applicant or license holder to: 3-47 (1) submit to a genetic test; or 3-48 (2) reveal: 3-49 (A) whether the applicant or holder has 3-50 submitted to a genetic test; or 3-51 (B) the results of any genetic test to which the 3-52 applicant or holder has submitted. 3-53 Sec. 3. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except 3-54 as provided by Subsections (c) and (d) of this section, genetic 3-55 information is confidential and privileged regardless of the source 3-56 of the information. A person or entity that holds that information 3-57 may not disclose or be compelled to disclose, by subpoena or 3-58 otherwise, genetic information about an individual unless the 3-59 disclosure is specifically authorized by the individual as provided 3-60 by Subsection (b) of this section. This subsection applies to a 3-61 redisclosure of genetic information by a secondary recipient of the 3-62 information after disclosure of the information by an initial 3-63 recipient. 3-64 (b) An individual or the legal representative of an 3-65 individual may authorize the disclosure of genetic information 3-66 relating to that individual through a written authorization that 3-67 includes: 3-68 (1) a description of the information to be disclosed; 3-69 (2) the name of the person or entity to whom the 4-1 disclosure is 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) of this 4-6 section if the 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 4-12 child-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 4-28 guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46; 4-29 (2) the information does not identify a particular 4-30 individual; and 4-31 (3) the information is provided by the Texas 4-32 Department of Health to comply with Chapter 87, Health and Safety 4-33 Code. 4-34 Sec. 4. RIGHT TO KNOW TEST RESULTS. An individual who 4-35 submits to a genetic test has the right to know the results of that 4-36 test. On the written request of the individual, the entity that 4-37 performed the test shall disclose the test results to the 4-38 individual or to a physician designated by the individual. 4-39 Sec. 5. RETENTION OF SAMPLE. A sample of genetic material 4-40 taken for a genetic test from an individual shall be destroyed 4-41 promptly after the purpose for which the sample was obtained is 4-42 accomplished unless: 4-43 (1) the sample is retained under a court order; 4-44 (2) the individual tested authorizes retention of the 4-45 sample for purposes of medical treatment or scientific research; 4-46 (3) for a sample obtained for research that is cleared 4-47 by an institutional review board, the sample is retained under the 4-48 requirements that the institutional review board imposes on a 4-49 specific research project or as authorized by the research 4-50 participant with institutional review board approval under federal 4-51 law; or 4-52 (4) the sample was obtained for a screening test 4-53 established by the Texas Department of Health and performed by that 4-54 department or by a laboratory approved by that department under 4-55 Section 33.011, Health and Safety Code. 4-56 SECTION 3. Subchapter E, Chapter 21, Insurance Code, is 4-57 amended by adding Article 21.73 to read as follows: 4-58 Art. 21.73. USE OF GENETIC TESTING INFORMATION BY INSURERS 4-59 Sec. 1. DEFINITIONS. In this article: 4-60 (1) "DNA" means deoxyribonucleic acid. 4-61 (2) "Genetic information" means information derived 4-62 from the results of a genetic test. 4-63 (3) "Genetic test" means a laboratory test of an 4-64 individual's DNA, RNA or chromosomes to identify by analysis of the 4-65 DNA, RNA or chromosomes the genetic mutations or alterations in the 4-66 DNA, RNA or chromosomes that are associated with a predisposition 4-67 for a clinically recognized disease or disorder. The term does not 4-68 include: 4-69 (A) a routine physical examination or a routine 5-1 test performed as a part of a physical examination; 5-2 (B) a chemical, blood, or urine analysis; 5-3 (C) a test to determine drug use; or 5-4 (D) a test for the presence of the human 5-5 immunodeficiency virus. 5-6 (4) "Group health benefit plan" means a plan described 5-7 by Section 2 of this article. 5-8 (5) "RNA" means ribonucleic acid. 5-9 Sec. 2. SCOPE OF ARTICLE. (a) This article applies to a 5-10 group health benefit plan that: 5-11 (1) provides benefits for medical or surgical expenses 5-12 incurred as a result of a health condition, accident, or sickness, 5-13 including: 5-14 (A) a group, blanket, or franchise insurance 5-15 policy or insurance agreement, a group hospital service contract, 5-16 or a group evidence of coverage that is offered by: 5-17 (i) an insurance company; 5-18 (ii) a group hospital service corporation 5-19 operating under Chapter 20 of this code; 5-20 (iii) a fraternal benefit society 5-21 operating under Chapter 10 of this code; 5-22 (iv) a stipulated premium insurance 5-23 company operating under Chapter 22 of this code; or 5-24 (v) a health maintenance organization 5-25 operating under the Texas Health Maintenance Organization Act 5-26 (Chapter 20A, Vernon's Texas Insurance Code); or 5-27 (B) to the extent permitted by the Employee 5-28 Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et 5-29 seq.), a group health benefit plan that is offered by: 5-30 (i) a multiple employer welfare 5-31 arrangement as defined by Section 3, Employee Retirement Income 5-32 Security Act of 1974 (29 U.S.C. Section 1002); 5-33 (ii) any other entity not licensed under 5-34 this code or another insurance law of this state that contracts 5-35 directly for health care services on a risk-sharing basis, 5-36 including an entity that contracts for health care services on a 5-37 capitation basis; or 5-38 (iii) another analogous benefit 5-39 arrangement; or 5-40 (2) is offered by an approved nonprofit health 5-41 corporation that is certified under Section 5.01(a), Medical 5-42 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and 5-43 that holds a certificate of authority issued by the commissioner 5-44 under Article 21.52F of this code. 5-45 (b) This article does not apply to: 5-46 (1) a plan that provides coverage: 5-47 (A) only for a specified disease; 5-48 (B) only for accidental death or dismemberment; 5-49 (C) for wages or payments in lieu of wages for a 5-50 period during which an employee is absent from work because of 5-51 sickness or injury; or 5-52 (D) as a supplement to liability insurance; 5-53 (2) a Medicare supplemental policy as defined by 5-54 Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); 5-55 (3) workers' compensation insurance coverage; 5-56 (4) medical payment insurance issued as part of a 5-57 motor vehicle insurance policy; or 5-58 (5) a long-term care policy, including a nursing home 5-59 fixed indemnity policy, unless the commissioner determines that the 5-60 policy provides benefit coverage so comprehensive that the policy 5-61 is a group health benefit plan as described by Subsection (a) of 5-62 this section. 5-63 Sec. 3. USE OF GENETIC INFORMATION BY GROUP HEALTH BENEFIT 5-64 PLAN. (a) A group health benefit plan issuer may not use genetic 5-65 information to reject, deny, limit, cancel, refuse to renew, 5-66 increase the premiums for, or otherwise adversely affect 5-67 eligibility for or coverage under the group health benefit plan. 5-68 (b) If a group health benefit plan issuer requests that an 5-69 applicant for coverage under the plan submit to a genetic test in 6-1 connection with the application for coverage for a purpose other 6-2 than a purpose prohibited under Subsection (a) of this section, the 6-3 issuer must: 6-4 (1) notify the applicant that the test is required; 6-5 (2) disclose to the applicant the proposed use of the 6-6 test results; and 6-7 (3) obtain the applicant's written informed consent 6-8 for the test before the administration of the test. 6-9 (c) In the consent form, the applicant shall state whether 6-10 the applicant elects to be informed of the results of the test. If 6-11 the applicant does so elect, the person or entity that performs the 6-12 test shall disclose the results of the test to the applicant, as 6-13 well as to the group health benefit plan issuer, and the group 6-14 health benefit plan issuer shall ensure that: 6-15 (1) the applicant receives an interpretation of the 6-16 test results made by a qualified health care practitioner; and 6-17 (2) a physician or other health care practitioner 6-18 designated by the applicant receives a copy of the results of the 6-19 test. 6-20 (d) A group health benefit plan issuer may not use the 6-21 results of a genetic test conducted in accordance with Subsection 6-22 (b) of this section as an inducement for the purchase of coverage 6-23 under the plan. 6-24 (e) A group health benefit plan issuer may not use the 6-25 refusal of an applicant to submit to a genetic test to reject, 6-26 deny, limit, cancel, refuse to renew, increase the premiums for, or 6-27 otherwise adversely affect eligibility for or coverage under the 6-28 group health benefit plan. 6-29 Sec. 4. INFORMATION CONFIDENTIAL; EXCEPTIONS. (a) Except 6-30 as provided by Subsections (c) and (d) of this section, genetic 6-31 information is confidential and privileged regardless of the source 6-32 of the information. A person or entity that holds that information 6-33 may not disclose or be compelled to disclose, by subpoena or 6-34 otherwise, genetic information about an individual unless the 6-35 disclosure is specifically authorized by the individual as provided 6-36 by Subsection (b) of this section. This subsection applies to a 6-37 redisclosure of genetic information by a secondary recipient of the 6-38 information after disclosure of the information by an initial 6-39 recipient. 6-40 (b) An individual or the legal representative of an 6-41 individual may authorize the disclosure of genetic information 6-42 relating to that individual through an authorization that: 6-43 (1) is written in plain language; 6-44 (2) is dated; 6-45 (3) contains a specific description of the information 6-46 to be disclosed; 6-47 (4) identifies or describes each person authorized to 6-48 disclose the genetic information to a group health benefit plan 6-49 issuer; 6-50 (5) identifies or describes the individuals or 6-51 entities to whom the disclosure or subsequent redisclosure of the 6-52 genetic information may be made; 6-53 (6) describes the specific purpose of the disclosure; 6-54 (7) is signed by the individual or the legal 6-55 representative and, if the disclosure is for claiming proceeds of 6-56 any affected life insurance policy, the claimant; and 6-57 (8) advises the individual or legal representative 6-58 that the individual's authorized representative is entitled to 6-59 receive a copy of the authorization form. 6-60 (c) Subject to Subchapter G, Chapter 411, Government Code, 6-61 genetic information relating to an individual may be disclosed 6-62 without the authorization required under Subsection (b) of this 6-63 section if the disclosure is: 6-64 (1) authorized under a state or federal criminal law 6-65 relating to: 6-66 (A) the identification of individuals; or 6-67 (B) a criminal or juvenile proceeding, an 6-68 inquest, or a child fatality review by a multidisciplinary 6-69 child-abuse team; 7-1 (2) required under a specific order of a state or 7-2 federal court; 7-3 (3) authorized under a state or federal law to 7-4 establish paternity; 7-5 (4) made to furnish genetic information relating to a 7-6 decedent to the blood relatives of the decedent for the purpose of 7-7 medical diagnosis; or 7-8 (5) made to identify a decedent. 7-9 (d) Except as provided by this subsection, a group health 7-10 benefit plan issuer may not redisclose genetic information unless 7-11 the redisclosure is consistent with the disclosures authorized by 7-12 the tested individual under an authorization form executed under 7-13 Subsection (b) of this section. A group health benefit plan issuer 7-14 may redisclose genetic information: 7-15 (1) for actuarial or research studies if: 7-16 (A) a tested individual may not be identified in 7-17 any actuarial or research report; and 7-18 (B) any materials that identify a tested 7-19 individual are returned or destroyed as soon as reasonably 7-20 practicable; 7-21 (2) to the department for the purposes of the 7-22 enforcement of this article; or 7-23 (3) for purposes directly related to enabling business 7-24 decisions to be made about the purchase, transfer, merger, or sale 7-25 of all or part of an insurance business or about obtaining 7-26 reinsurance affecting that insurance business. 7-27 (e) A redisclosure authorized under Subsection (d) of this 7-28 section may contain only information reasonably necessary to 7-29 accomplish the purpose for which the information is disclosed. 7-30 Sec. 5. RIGHT TO KNOW TEST RESULTS. An individual who 7-31 submits to a genetic test has the right to know the results of that 7-32 test. On the written request of the individual, the group health 7-33 benefit plan issuer or other entity that performed the test shall 7-34 disclose the test results to the individual or to a physician 7-35 designated by the individual. The right to information under this 7-36 section is in addition to any right or requirement established 7-37 under Section 3 of this article. 7-38 Sec. 6. RETENTION OF SAMPLE. A sample of genetic material 7-39 taken for a genetic test from an individual shall be destroyed 7-40 promptly after the purpose for which the sample was obtained is 7-41 accomplished unless: 7-42 (1) the sample is retained under a court order; 7-43 (2) the individual tested authorizes retention of the 7-44 sample for purposes of medical treatment or scientific research; 7-45 (3) for a sample obtained for research that is cleared 7-46 by an institutional review board, the sample is retained under the 7-47 requirements that the institutional review board imposes on a 7-48 specific research project or as authorized by the research 7-49 participant with institutional review board approval under federal 7-50 law; or 7-51 (4) the sample was obtained for a screening test 7-52 established by the Texas Department of Health and performed by that 7-53 department or by a laboratory approved by that department under 7-54 Section 33.011, Health and Safety Code. 7-55 Sec. 7. CEASE AND DESIST ORDER; ADMINISTRATIVE PENALTY. 7-56 (a) On a finding by the commissioner that a group health benefit 7-57 plan issuer is in violation of this article, the commissioner may 7-58 enter a cease and desist order in the manner provided under Article 7-59 1.10A of this code. If the group health benefit plan issuer 7-60 refuses or fails to comply with the cease and desist order, the 7-61 commissioner may, in the manner provided by this code and the other 7-62 insurance laws of this state, revoke or suspend the issuer's 7-63 certificate of authority or other authorization to engage in the 7-64 operation of a group health benefit plan in this state. 7-65 (b) A group health benefit plan issuer that operates the 7-66 plan in violation of this article is subject to an administrative 7-67 penalty as provided by Article 1.10E of this code. 7-68 Sec. 8. EFFECT OF PREGNANCY. (a) No issuer of a group 7-69 health benefit plan shall require, as a condition of insurance 8-1 coverage, genetic testing of a child in utero without the consent 8-2 of the pregnant woman. 8-3 (b) No issuer of a group health benefit plan shall use 8-4 genetic information to coerce or compel a pregnant woman to have an 8-5 induced abortion. 8-6 (c) "Coercion" for the purposes of this section means the 8-7 restraining or domination of the free will of a woman by actual or 8-8 implied force, or by actual or implied threat of rejection, denial, 8-9 limitation, cancellation, refusal to renew, or otherwise adversely 8-10 affecting eligibility for coverage under a group health benefit 8-11 plan. 8-12 SECTION 4. This Act takes effect September 1, 1997. 8-13 SECTION 5. Article 9031, Revised Statutes, as added by this 8-14 Act, applies only to a license issued or renewed by a licensing 8-15 authority on or after the effective date of this Act. A license 8-16 issued or renewed before that date is governed by the law in effect 8-17 on the date the license was issued or renewed, and the former law 8-18 is continued in effect for that purpose. 8-19 SECTION 6. Article 21.73, Insurance Code, as added by this 8-20 Act, applies only to a group health benefit plan that is delivered, 8-21 issued for delivery, or renewed on or after January 1, 1998. A 8-22 group health benefit plan that is delivered, issued for delivery, 8-23 or renewed before January 1, 1998, is governed by the law as it 8-24 existed immediately before the effective date of this Act, and that 8-25 law is continued in effect for that purpose. 8-26 SECTION 7. The importance of this legislation and the 8-27 crowded condition of the calendars in both houses create an 8-28 emergency and an imperative public necessity that the 8-29 constitutional rule requiring bills to be read on three several 8-30 days in each house be suspended, and this rule is hereby suspended. 8-31 * * * * *