By:  Moncrief, et al.                                  S.B. No. 445
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to a child health plan for certain low-income children.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subtitle C, Title 2, Health and Safety Code, is
 1-4     amended by adding Chapter 62 to read as follows:
 1-5       CHAPTER 62.  CHILD HEALTH PLAN FOR CERTAIN LOW-INCOME CHILDREN
 1-6                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-7           Sec. 62.001.  DEFINITIONS.  In this chapter:
 1-8                 (1)  "Commission" means the Health and Human Services
 1-9     Commission.
1-10                 (2)  "Commissioner" means the commissioner of health
1-11     and human services.
1-12           Sec. 62.002.  NOT AN ENTITLEMENT; TERMINATION OF PROGRAM.
1-13     (a)  This chapter does not establish an entitlement to assistance
1-14     in obtaining health benefits for a child.
1-15           (b)  The program established under this chapter terminates at
1-16     the time that federal funding terminates under Title XXI of the
1-17     Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended,
1-18     or another law providing federal funding for a state-designed child
1-19     health plan.
1-20             (Sections 62.003 to 62.050 reserved for expansion
1-21         SUBCHAPTER B.  ADMINISTRATION OF CHILD HEALTH PLAN PROGRAM
1-22           Sec. 62.051.  DUTIES OF COMMISSION.  (a)  The commission
1-23     shall develop a state-designed child health plan program to obtain
1-24     health benefits coverage for children in low-income families.  The
 2-1     commission shall ensure that the child health plan program is
 2-2     designed and administered in a manner that qualifies for federal
 2-3     funding under Title XXI of the Social Security Act (42 U.S.C.
 2-4     Section 1397aa et seq.), as amended, and any other applicable law
 2-5     or regulations.
 2-6           (b)  The commission shall oversee the implementation of the
 2-7     child health plan program and coordinate the activities of each
 2-8     agency necessary to the implementation of the program, including
 2-9     the Texas Department of Health, Texas Department of Human Services,
2-10     and Texas Department of Insurance.
2-11           (c)  The commission may adopt rules as necessary to implement
2-12     this chapter.  The commission may require the Texas Department of
2-13     Health, the Texas Department of Human Services, or any other health
2-14     and human services agency to adopt, with the approval of the
2-15     commission, any rules that may be adopted under this subsection.
2-16     With the consent of another agency, including the Texas Department
2-17     of Insurance, the commission may delegate to that agency the
2-18     authority to adopt, with the approval of the commission, any rules
2-19     that may be adopted under this subsection.
2-20           Sec. 62.052.  DUTIES OF TEXAS DEPARTMENT OF HEALTH.  (a)  The
2-21     Texas Department of Health shall administer the child health plan
2-22     under the direction of the commission.  The department shall:
2-23                 (1)  implement contracts with child health plan
2-24     providers under Section 62.155;
2-25                 (2)  monitor the providers, through reporting
2-26     requirements and other means, to ensure performance under the
 3-1     contracts and quality delivery of services; and
 3-2                 (3)  provide payment under the contracts to the
 3-3     providers.
 3-4           (b)  The commission, or the Texas Department of Health under
 3-5     the direction of and in consultation with the commission, may adopt
 3-6     rules as necessary to implement this section.
 3-7           Sec. 62.053.  DUTIES OF TEXAS DEPARTMENT OF HUMAN SERVICES.
 3-8     (a)  Under the direction of the commission, the Texas Department of
 3-9     Human Services shall:
3-10                 (1)  accept applications for coverage under the child
3-11     health plan and implement the child health plan program eligibility
3-12     screening and enrollment procedures;
3-13                 (2)  resolve grievances relating to eligibility
3-14     determinations; and
3-15                 (3)  coordinate the child health plan program with the
3-16     Medicaid program.
3-17           (b)  If the commission contracts with a third party
3-18     administrator under Section 62.055, the Texas Department of Human
3-19     Services, under the direction of the commission, shall:
3-20                 (1)  implement the contract;
3-21                 (2)  monitor the third party administrator, through
3-22     reporting requirements and other means, to ensure performance under
3-23     the contract and quality delivery of services; and
3-24                 (3)  provide payment under the contract to the third
3-25     party administrator.
3-26           (c)  The commission, or the Texas Department of Human
 4-1     Services under the direction of and in consultation with the
 4-2     commission, may adopt rules as necessary to implement this section.
 4-3           Sec. 62.054.  DUTIES OF TEXAS DEPARTMENT OF INSURANCE.
 4-4     (a)  At the request of the commission, the Texas Department of
 4-5     Insurance shall provide any necessary assistance with the
 4-6     development of the child health plan.  The department shall monitor
 4-7     the quality of the services provided by health benefit plan
 4-8     providers and resolve grievances relating to the providers.
 4-9           (b)  The commission and the Texas Department of Insurance may
4-10     adopt a memorandum of understanding that addresses the
4-11     responsibilities of each agency in developing the plan.
4-12           (c)  The Texas Department of Insurance, in consultation with
4-13     the commission, may adopt rules as necessary to implement this
4-14     section.
4-15           Sec. 62.055.  CONTRACTS FOR IMPLEMENTATION OF CHILD HEALTH
4-16     PLAN.  (a)  In administering the child health plan, the commission
4-17     may contract with:
4-18                 (1)  a third party administrator to provide enrollment
4-19     and related services under the state child health plan; or
4-20                 (2)  another entity, including the Texas Healthy Kids
4-21     Corporation under Subchapter F, Chapter 109, to obtain health
4-22     benefit plan coverage for children who are eligible for coverage
4-23     under the state child health plan.
4-24           (b)  A third party administrator or other entity may perform
4-25     tasks under the contract that would otherwise be performed by the
4-26     Texas Department of Health or Texas Department of Human Services
 5-1     under this chapter.
 5-2           (c)  If the commission enters into a contract with an entity
 5-3     described by Subsection (a)(2), the commission may require the
 5-4     Texas Department of Health or the Texas Department of Human
 5-5     Services, as the commission determines appropriate, to:
 5-6                 (1)  implement the contract with the entity;
 5-7                 (2)  monitor the entity, through reporting requirements
 5-8     and other means, to ensure performance under the contract and
 5-9     quality delivery of services; and
5-10                 (3)  provide payment under the contract.
5-11           Sec. 62.056.  COMMUNITY OUTREACH CAMPAIGN; TOLL-FREE HOTLINE.
5-12     (a)  The commission shall conduct a community outreach and
5-13     education campaign to provide information relating to the
5-14     availability of health benefits for children under this chapter.
5-15     The commission shall conduct the campaign in coordination with the
5-16     Texas Healthy Kids Corporation in a manner that promotes the goals
5-17     of both programs and minimizes duplication of effort.
5-18           (b)  The community outreach campaign must include a toll-free
5-19     telephone number through which families may obtain information
5-20     about health benefits coverage for children.
5-21           (c)  The commission may provide grants to community-based
5-22     organizations to implement the community outreach campaign.
5-23           (d)  The commission may direct that the Texas Department of
5-24     Health or the Texas Department of Human Services perform all or
5-25     part of the community outreach campaign.
 6-1             (Sections 62.057 to 62.100 reserved for expansion
 6-2       SUBCHAPTER C.  ELIGIBILITY FOR COVERAGE UNDER CHILD HEALTH PLAN
 6-3           Sec. 62.101.  ELIGIBILITY.  (a)  A child is eligible for
 6-4     health benefits coverage under the child health plan if the child:
 6-5                 (1)  is younger than 19 years of age;
 6-6                 (2)  is not eligible for medical assistance under the
 6-7     Medicaid program;
 6-8                 (3)  is not covered by a health benefits plan offering
 6-9     adequate benefits, as determined by the commission;
6-10                 (4)  has a family income that is less than or equal to
6-11     the income eligibility level established under Subsection (b); and
6-12                 (5)  satisfies any other eligibility standard imposed
6-13     under the child health plan program in accordance with 42 U.S.C.
6-14     Section 1397bb, as amended, and any other applicable law or
6-15     regulations.
6-16           (b)  The commission shall establish income eligibility levels
6-17     consistent with Title XXI of the Social Security Act (42 U.S.C.
6-18     Section 1397aa et seq.), as amended, and any other applicable law
6-19     or regulations, and subject to the availability of appropriated
6-20     money.  At the implementation of the program, children ages birth
6-21     through 10 years of age whose net family income is at or below 200
6-22     percent of the federal poverty level shall be eligible for health
6-23     benefits coverage.  Children ages 11 through 18 years of age whose
6-24     net family income is at or below 150 percent of the federal poverty
6-25     level shall also be eligible.  In this subsection, "net family
6-26     income" includes offsets for such expenses as child care and
 7-1     work-related expenses consistent with Medicaid standards.
 7-2           (c)  The commissioner shall evaluate enrollment levels and
 7-3     program impact every six months during the first 12 months of
 7-4     implementation and at least annually thereafter and shall submit a
 7-5     finding of fact to the Legislative Budget Board and the Governor's
 7-6     Office of Budget and Planning as to the adequacy of funding and the
 7-7     ability of the program to sustain enrollment at higher income
 7-8     eligibility levels for children ages 11 through 18 years of age.
 7-9     The commissioner shall adjust the income limit to a higher level
7-10     after submittal of a finding of fact that funding for the child
7-11     health plan is sufficient to support and sustain enrollment at the
7-12     higher level.
7-13           (d)  Prior to implementation of the program and on an annual
7-14     basis thereafter, the commissioner shall evaluate enrollment levels
7-15     and program impact and submit a finding of fact to the Legislative
7-16     Budget Board and the Governor's Office of Budget and Planning as to
7-17     the adequacy of funding and the ability of the program to sustain
7-18     enrollment of children ages eight through 10 whose family income is
7-19     between 150 percent and 200 percent of the federal poverty level.
7-20     The commissioner shall adjust the income limit to a lower level
7-21     after submittal of a finding of fact that funding for the child
7-22     health plan is not sufficient to sustain enrollment at the higher
7-23     level.  An adjustment to an income limit made under this subsection
7-24     shall not remove health insurance coverage from a child already
7-25     insured under this chapter.
7-26           Sec. 62.102.  CONTINUOUS COVERAGE.  The commission by rule
 8-1     may provide that an individual who is determined to be eligible for
 8-2     coverage under the child health plan remains eligible for those
 8-3     benefits until the earlier of:
 8-4                 (1)  the end of a period, not to exceed 12 months,
 8-5     following the date of the eligibility determination; or
 8-6                 (2)  the individual's 19th birthday.
 8-7           Sec. 62.103.  APPLICATION FORM AND PROCEDURES.  (a)  The
 8-8     commission, or the Texas Department of Human Services at the
 8-9     direction of and in consultation with the commission, shall adopt
8-10     an application form and application procedures for requesting child
8-11     health plan coverage under this chapter.
8-12           (b)  To the extent possible, the form and procedures must be
8-13     coordinated with forms and procedures under the Medicaid program
8-14     and forms and procedures used by the Texas Healthy Kids Corporation
8-15     so that a person may submit a single consolidated application to
8-16     seek assistance under this chapter or the Medicaid program or from
8-17     the corporation.
8-18           (c)  The commission may permit application to be made by
8-19     mail, over the telephone, or through the Internet.
8-20           Sec. 62.104.  ELIGIBILITY SCREENING AND ENROLLMENT.  (a)  The
8-21     commission, or the Texas Department of Human Services at the
8-22     direction and in consultation with the commission, shall develop
8-23     eligibility screening and enrollment procedures for children that
8-24     comply with the requirements of 42 U.S.C. Section 1397bb, as
8-25     amended, and any other applicable law or regulations.  The
8-26     procedures shall ensure that Medicaid-eligible children are
 9-1     identified and referred to the Medicaid program.
 9-2           (b)  The Texas Integrated Enrollment Services  eligibility
 9-3     determination system or a compatible system may be used to screen
 9-4     and enroll children under the child health plan.
 9-5             (Sections 62.105 to 62.150 reserved for expansion
 9-6                      SUBCHAPTER D.  CHILD HEALTH PLAN
 9-7           Sec. 62.151.  CHILD HEALTH PLAN COVERAGE.  (a)  The child
 9-8     health plan must  comply with this chapter and the coverage
 9-9     requirements prescribed by  42 U.S.C. Section 1397cc, as amended,
9-10     and any other applicable law or regulations.
9-11           (b)  In developing the plan, the commission shall consider
9-12     the health care needs of healthy children and children with special
9-13     health care needs.  The commission shall also consider the health
9-14     benefit plans providing coverage to state employees under the Texas
9-15     Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
9-16     Vernon's Texas Insurance Code) and may use a health benefit plan
9-17     providing coverage under that article as a model for the child
9-18     health plan.  The benefits offered under the child health plan may
9-19     vary from the benefits offered state employees.
9-20           (c)  The child health plan must allow an enrolled child with
9-21     a chronic, disabling, or life-threatening illness to select an
9-22     appropriate specialist as a primary care physician.
9-23           Sec. 62.152.  APPLICATION OF INSURANCE LAW.  To provide the
9-24     flexibility necessary to satisfy the requirements of Title XXI of
9-25     the Social Security Act (42 U.S.C. Section 1397aa et seq.), as
9-26     amended, and any other applicable law or regulations, the child
 10-1    health plan is not subject to a law that requires:
 10-2                (1)  coverage or the offer of coverage of a health care
 10-3    service or benefit;
 10-4                (2)  coverage or the offer of coverage for the
 10-5    provision of services by a particular health care services
 10-6    provider; or
 10-7                (3)  the use of a particular policy or contract form or
 10-8    of particular language in a policy or contract form.
 10-9          Sec. 62.153.  COST SHARING.  (a)  To the extent permitted
10-10    under 42 U.S.C. Section 1397cc, as amended, and any other
10-11    applicable law or regulations, the commission shall require
10-12    enrollees to share the cost of the child health plan, including
10-13    provisions requiring enrollees under the child health plan to pay:
10-14                (1)  a copayment for services provided under the plan;
10-15                (2)  an enrollment fee; or
10-16                (3)  a portion of the plan premium.
10-17          (b)  Cost-sharing provisions adopted under this section shall
10-18    ensure that families with higher levels of income are required to
10-19    pay progressively higher percentages of the cost of the plan.
10-20          (c)  If cost-sharing provisions imposed under Subsection (a)
10-21    include requirements that enrollees pay a portion of the plan
10-22    premium, the commission shall specify the manner in which the
10-23    premium is paid.  The commission may require that the premium be
10-24    paid to the Texas Department of Health, the Texas Department of
10-25    Human Services, or the child health plan provider.
10-26          Sec. 62.154.  CROWD OUT.  To the extent permitted under Title
 11-1    XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.),
 11-2    as amended, and any other applicable law or regulations, the child
 11-3    health plan may include waiting periods, copayments, and other
 11-4    provisions intended to discourage:
 11-5                (1)  employers and other persons from electing to
 11-6    discontinue offering coverage for children under employee or other
 11-7    group health benefit plans; and
 11-8                (2)  individuals with access to adequate health benefit
 11-9    plan coverage, other than coverage under the child health plan,
11-10    from electing not to obtain or to discontinue that coverage for a
11-11    child.
11-12          Sec. 62.155.  CHILD HEALTH PLAN PROVIDERS.  (a)  The
11-13    commission, or the Texas Department of Health at the direction of
11-14    and in consultation with the commission, shall select the child
11-15    health plan providers under the program through open enrollment or
11-16    a competitive bid process.  A child health plan provider:
11-17                (1)  must hold a certificate of authority or other
11-18    appropriate license issued by the Texas Department of Insurance
11-19    that authorizes the provider to provide the type of child health
11-20    plan offered and must satisfy, except as provided by this chapter,
11-21    any applicable requirement of the Insurance Code or another
11-22    insurance law of this state; or
11-23                (2)  in the case of an individual health care provider,
11-24    must satisfy such certification and licensure requirements as the
11-25    commission may determine, consistent with state law.
11-26          (b)  In selecting a child health plan provider, the
 12-1    commission may give preference to a person who provides similar
 12-2    coverage under the Medicaid program or through the Texas Healthy
 12-3    Kids Corporation.
 12-4            (Sections 62.156 to 62.200 reserved for expansion
 12-5                   SUBCHAPTER E.  LEGISLATIVE OVERSIGHT
 12-6          Sec. 62.201.  DEFINITION.  In this subchapter, "committee"
 12-7    means the child health plan legislative oversight committee.
 12-8          Sec. 62.202.  COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
 12-9    (a)  The committee is composed of:
12-10                (1)  two members of the senate and one public member
12-11    appointed by the lieutenant governor; and
12-12                (2)  two members of the house of representatives and
12-13    one public member appointed by the speaker of the house of
12-14    representatives.
12-15          (b)  A member of the committee serves at the pleasure of the
12-16    appointing official.
12-17          (c)  The lieutenant governor and the speaker of the house of
12-18    representatives shall appoint the presiding officer of the
12-19    committee on an alternating basis.  The presiding officer serves a
12-20    two-year term expiring August 31 of each odd-numbered year.
12-21          Sec. 62.203.  COMMITTEE POWERS AND DUTIES.  (a)  The
12-22    committee shall:
12-23                (1)  meet at the call of the presiding officer;
12-24                (2)  receive information about rules proposed or
12-25    adopted under this chapter; and
12-26                (3)  review specific recommendations for legislation
 13-1    proposed by the commission relating to administration of the child
 13-2    health plan program.
 13-3          (b)  The committee may issue process, in accordance with
 13-4    Section 301.024, Government Code, to compel the attendance of
 13-5    witnesses and the production of books, records, documents, and
 13-6    instruments required by the committee.
 13-7          (c)  The committee shall monitor the effectiveness and
 13-8    efficiency of the child health plan program under this chapter.
 13-9          (d)  The commission and the Texas Department of Health shall
13-10    report quarterly to the committee on implementation and
13-11    administration of the child health plan program and the use of
13-12    money appropriated for the program.  The committee may request
13-13    additional reports and other information relating to the child
13-14    health plan program from:
13-15                (1)  the commission;
13-16                (2)  the Texas Department of Health, the Texas
13-17    Department of Human Services, and any other health and human
13-18    services agency; and
13-19                (3)  the Texas Department of Insurance and any other
13-20    agency necessary to the implementation of the child health plan
13-21    program.
13-22          (e)  The committee shall use the existing staff resources of
13-23    the senate and the house of representatives to assist the committee
13-24    in performing its duties under this subchapter.
13-25          Sec. 62.204.  REPORT.  (a)  The committee shall report to the
13-26    governor, lieutenant governor, and speaker of the house of
 14-1    representatives not later than November 15 of each even-numbered
 14-2    year.
 14-3          (b)  The report must include:
 14-4                (1)  identification of significant problems in the
 14-5    administration of the child health plan program, with
 14-6    recommendations for action;
 14-7                (2)  an analysis of the effectiveness and efficiency of
 14-8    administration of the child health plan program, with
 14-9    recommendations for any necessary research;
14-10                (3)  an analysis of the delivery of health care
14-11    services to children in low-income families in this state; and
14-12                (4)  recommendations for legislative action.
14-13          Sec. 62.205.  RIGHTS OF EMPLOYEES; RETALIATION PROHIBITED.
14-14    (a)  In this section, "personnel action" has the meaning assigned
14-15    by Section 554.001, Government Code.
14-16          (b)  An employee of any agency described by Section 62.203(d)
14-17    may cooperate with the committee in the performance of its
14-18    functions.
14-19          (c)  The agency may not suspend or terminate the employment
14-20    of, or take another adverse personnel action against, an employee
14-21    of the agency solely because the employee cooperates with the
14-22    committee in good faith.
14-23          Sec. 62.206.  EXPIRATION.  The committee is abolished and
14-24    this subchapter expires September 1, 2003.
14-25          SECTION 2.  Chapter 109, Health and Safety Code, is amended
14-26    by adding Subchapter F to read as follows:
 15-1                  SUBCHAPTER F.  STATE CHILD HEALTH PLAN
 15-2          Sec. 109.201.  DEFINITIONS.  In this subchapter:
 15-3                (1)  "Commission" means the Health and Human Services
 15-4    Commission.
 15-5                (2)  "State child health plan" means the child health
 15-6    plan program established under Chapter 62.
 15-7          Sec. 109.202.  CHILD HEALTH PLAN COVERAGE.  (a)  The
 15-8    commission may use appropriated funds, in accordance with the
 15-9    General Appropriations Act, to purchase coverage under a health
15-10    benefit plan provided through the corporation for children who are
15-11    eligible for coverage under the state child health plan and to
15-12    contract with the corporation for other services under this
15-13    subchapter.
15-14          (b)  State child health plan coverage offered under this
15-15    subchapter must be approved by the commission.  The commission
15-16    shall ensure that coverage provided under this subchapter complies
15-17    with Chapter 62.
15-18          Sec. 109.203.  ELIGIBILITY.  Notwithstanding any other
15-19    provision of this chapter or the eligibility criteria established
15-20    under Section 109.061, an individual who is eligible for coverage
15-21    under the state child health plan, as determined by the commission,
15-22    is eligible for coverage provided through the corporation under
15-23    this subchapter.
15-24          Sec. 109.204.  COMMUNITY OUTREACH; ELIGIBILITY SCREENING.
15-25    (a)  In connection with offering state child health plan coverage
15-26    under this subchapter, the corporation, under the direction of the
 16-1    commission, may:
 16-2                (1)  conduct all or part of the community outreach and
 16-3    education campaign required under Section 62.056; and
 16-4                (2)  perform eligibility screening and enrollment
 16-5    services.
 16-6          (b)  The eligibility screening and enrollment procedures used
 16-7    by the corporation must comply with Chapter 62.
 16-8          Sec.  109.205.  REPORTING AND ACCOUNTABILITY.  (a)  The
 16-9    corporation shall report to the commission as required by the
16-10    commission or the agency designated under Section 62.055(c) with
16-11    respect to coverage and services provided under this subchapter.
16-12          (b)  The commission or the agency designated under Section
16-13    62.055(c) shall establish a procedure to monitor the provision of
16-14    coverage and services under this subchapter.
16-15          SECTION 3.  Section 4, Article 3.51-6, Insurance Code, is
16-16    amended to read as follows:
16-17          Sec. 4.  EXEMPTIONS.  The provisions of this article shall
16-18    not be applicable to:
16-19                (1)  credit accident and health insurance policies
16-20    subject to Article 3.53 of the Insurance Code, as amended;
16-21                (2)  any group specifically provided for or authorized
16-22    by law in existence and covered under a policy filed with the State
16-23    Board of Insurance prior to April 1, 1975;
16-24                (3)  accident and health coverages that are incidental
16-25    to any form of group automobile, casualty, property, or workmen's
16-26    compensation--employers' liability policies promulgated or approved
 17-1    by the State Board of Insurance;
 17-2                (4)  any policy or contract of insurance with a state
 17-3    agency, department, or board providing health services to [all]
 17-4    eligible persons under Chapter 32, Human Resources Code, or in
 17-5    accordance with 42 U.S.C. Sections 1396-1396g, as amended, or 42
 17-6    U.S.C. Section 1397aa et seq., as amended, [Section 6, The Medical
 17-7    Assistance Act of 1967, as amended (Article 695j--1, Vernon's Texas
 17-8    Civil Statutes), 343-353 (42 U.S.C.A. 1396-1396g), providing health
 17-9    care and services] under a state plan.
17-10          SECTION 4.  Not later than September 1, 1999, the Health and
17-11    Human Services Commission shall:
17-12                (1)  develop the child health plan required under
17-13    Chapter 62, Health and Safety Code, as added by this Act; and
17-14                (2)  submit for approval a plan amendment relating to
17-15    the child health plan under 42 U.S.C. Section 1397ff, as amended.
17-16          SECTION 5.  If, before implementing any provision of Chapter
17-17    62, Health and Safety Code, as added by this Act, the Health and
17-18    Human Services Commission determines that a waiver or authorization
17-19    from a federal agency is necessary for implementation of that
17-20    provision, the commission shall request the waiver or authorization
17-21    and may delay implementing that provision until the waiver or
17-22    authorization is granted.
17-23          SECTION 6.  The importance of this legislation and the
17-24    crowded condition of the calendars in both houses create an
17-25    emergency and an imperative public necessity that the
17-26    constitutional rule requiring bills to be read on three several
 18-1    days in each house be suspended, and this rule is hereby suspended,
 18-2    and that this Act take effect and be in force from and after its
 18-3    passage, and it is so enacted.