By Moncrief                                           S.B. No. 1237
         77R8691 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to immunizations and the immunization registry.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
 1-5     amended by adding Chapter 110 to read as follows:
 1-6             CHAPTER 110.  TEXAS IMMUNIZATION ADVISORY COMMITTEE
 1-7           Sec. 110.001.  DEFINITION. In this chapter, "committee" means
 1-8     the Texas immunization advisory committee.
 1-9           Sec. 110.002.  COMMITTEE ESTABLISHED. The Texas immunization
1-10     advisory committee is established to assist the board and the
1-11     department in the development of procedures, guidelines, and
1-12     policies related to immunizations in this state.
1-13           Sec. 110.003.  COMPOSITION OF COMMITTEE. The committee is
1-14     composed of the following 14 members appointed by the board as
1-15     follows:
1-16                 (1)  one registered nurse;
1-17                 (2)  one epidemiologist;
1-18                 (3)  one school board official;
1-19                 (4)  one local health official;
1-20                 (5)  one physician who is a representative of organized
1-21     medicine;
1-22                 (6)  one physician who is a practicing family
1-23     physician;
1-24                 (7)  one physician who is a practicing pediatrician;
 2-1                 (8)  one pharmacist;
 2-2                 (9)  one representative from a pharmaceutical company
 2-3     that manufactures vaccines administered in this state;
 2-4                 (10)  two parents who have children who are residents
 2-5     of this state and who are not, and whose immediate family members
 2-6     are not, affiliated with a business related to immunizations;
 2-7                 (11)  one parent who has a child residing in this state
 2-8     and who:
 2-9                       (A)  is a representative of an organization
2-10     advocating informed consent for immunizations, if available; or
2-11                       (B)  has taken an exemption from immunization for
2-12     the child for reasons of conscience or religious belief, if a
2-13     parent described by Paragraph (A) is not available;
2-14                 (12)  one parent who has a child residing in this state
2-15     and who:
2-16                       (A)  has been compensated by the National Vaccine
2-17     Injury Compensation Program established under 42 U.S.C. Section
2-18     300aa-10, as amended, if available; or
2-19                       (B)  has reported an adverse reaction to an
2-20     immunization to the Vaccine Adverse Event Reporting System, if a
2-21     parent described by Paragraph (A) is not available; and
2-22                 (13)  one representative from a health maintenance
2-23     organization that holds a certificate of authority under the Texas
2-24     Health Maintenance Organization Act (Article 20A.01 et seq.,
2-25     Vernon's Texas Insurance Code).
2-26           Sec. 110.004.  DUTIES.  The committee shall:
2-27                 (1)  evaluate the existing immunization program
 3-1     operated by the department and identify needs not met by the
 3-2     program;
 3-3                 (2)  review the goals and targets of the program;
 3-4                 (3)  evaluate ongoing program efforts;
 3-5                 (4)  recommend both short-term and long-term goals and
 3-6     objectives for the immunization program;
 3-7                 (5)  review and evaluate immunization requirements and
 3-8     exemptions; and
 3-9                 (6)  carry out any other tasks given to the committee
3-10     by the board.
3-11           Sec. 110.005.  APPLICABLE LAW. The committee is subject to
3-12     Chapter 2110, Government Code.
3-13           SECTION 2. Sections 161.001(b) and (c), Health and Safety
3-14     Code, are amended to read as follows:
3-15           (b)  A person who administers or authorizes the
3-16     administration of a vaccine or immunizing agent is not liable or
3-17     responsible for the failure to immunize a child because of the
3-18     failure or refusal of a parent, managing conservator, or guardian
3-19     to consent to the vaccination or immunization required under this
3-20     chapter, including the failure or refusal to consent to the
3-21     immunization because immunization is declined for reasons of
3-22     conscience or because of a religious belief.  Consent to the
3-23     vaccination or immunization must be given in the manner authorized
3-24     by Chapter 32, Family Code.
3-25           (c)  A parent, managing conservator, or guardian who fails or
3-26     refuses to consent to the vaccination or immunization required
3-27     under this chapter, including a parent, managing conservator, or
 4-1     guardian who fails or refuses to consent to the immunization
 4-2     because the immunization is declined for reasons of conscience or
 4-3     religious belief, may not bring a cause of action against any
 4-4     person for the other person's failure to immunize the child  [A
 4-5     person who fails to comply with Section 161.004 is not liable or
 4-6     responsible for that failure, and that failure does not create a
 4-7     cause of action].
 4-8           SECTION 3. Section 161.004(d), Health and Safety Code, is
 4-9     amended to read as follows:
4-10           (d)  A child is exempt from an immunization required by this
4-11     section if:
4-12                 (1)  [immunization conflicts with the tenets of an
4-13     organized religion to which] a parent, managing conservator, or
4-14     guardian of the child states that the immunization is being
4-15     declined for reasons of conscience or because of a religious belief
4-16     [belongs]; or
4-17                 (2)  the immunization is medically contraindicated
4-18     based on an examination of the child by a physician licensed by any
4-19     state in the United States.
4-20           SECTION 4. Subchapter A, Chapter 161, Health and Safety Code,
4-21     is amended by adding Section 161.0045 to read as follows:
4-22           Sec. 161.0045.  IMMUNIZATION EXEMPTION FORM. (a)  The
4-23     department shall develop and provide an exemption form to a person
4-24     subject to exclusion from a school or facility because the person
4-25     declines a required immunization for reasons of conscience or
4-26     because of a religious belief.
4-27           (b)  The exemption form must:
 5-1                 (1)  include a statement of the department's position
 5-2     regarding the benefits of immunization;
 5-3                 (2)  include educational information on immunizations
 5-4     and a reference to an Internet website, phone number, and other
 5-5     contact information for the department that provides additional
 5-6     information on the benefits of immunizations and the risks of not
 5-7     being immunized; and
 5-8                 (3)  include a statement indicating the applicant, or
 5-9     if a minor, the applicant's parent, managing conservator, or
5-10     guardian understands the benefits and risks of immunizations and
5-11     the risks of not being immunized.
5-12           (c)  The department shall make the exemption form available
5-13     in a printable format on the department's Internet website and
5-14     shall provide the form on request by facsimile transmission, mail,
5-15     or electronic mail.
5-16           SECTION 5. Section 161.007, Health and Safety Code, is
5-17     amended to read as follows:
5-18           Sec. 161.007.  IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.
5-19     (a)  The department, for purposes of establishing and maintaining a
5-20     single repository of accurate, complete, and current immunization
5-21     records to be used in aiding, coordinating, and promoting efficient
5-22     and cost-effective childhood communicable disease prevention and
5-23     control efforts, shall establish and maintain a childhood
5-24     immunization registry.  The department by rule shall develop
5-25     guidelines to:
5-26                 (1)  protect the confidentiality of patients [in
5-27     accordance with Section 5.08, Medical Practice Act (Article 4495b,
 6-1     Vernon's Texas Civil Statutes)];
 6-2                 (2)  inform a parent, managing conservator, or guardian
 6-3     of each patient about the registry; and
 6-4                 (3)  permit [require the written consent of] a parent,
 6-5     managing conservator, or guardian of a patient to choose to have
 6-6     the patient excluded from [before any information relating to the
 6-7     patient is included in] the registry[; and]
 6-8                 [(4)  permit a parent, managing conservator, or
 6-9     guardian to withdraw consent for the patient to be included in the
6-10     registry].
6-11           (b)  Except as provided by Section 161.0071, the [The]
6-12     childhood immunization registry must contain information on the
6-13     immunization history that is obtained by the department under this
6-14     section of each person who is younger than 18 years of age [and for
6-15     whom consent has been obtained in accordance with guidelines
6-16     adopted under Subsection (a).  The department shall remove from the
6-17     registry information for any person for whom consent has been
6-18     withdrawn].
6-19           (c)  An insurance company, a health maintenance organization,
6-20     or another organization that pays or reimburses a claim for an
6-21     immunization of a person younger than 18 years of age shall provide
6-22     an immunization history to the department.  The report shall
6-23     contain the elements prescribed by the department, which may
6-24     include submission in writing, by electronic format, or by voice.
6-25     An insurance company, health maintenance organization, or other
6-26     organization is not required to provide an immunization history to
6-27     the department under this subsection for a person excluded from the
 7-1     registry.  The department shall consult with entities required to
 7-2     report under this section to determine the most efficient and
 7-3     cost-effective manner of reporting immunization histories [for whom
 7-4     consent has not been obtained in accordance with guidelines adopted
 7-5     under Subsection (a)  or for whom consent has been withdrawn].
 7-6           (d)  A health care provider who administers an immunization
 7-7     to a person younger than 18 years of age shall provide an
 7-8     immunization history to the department unless the immunization
 7-9     history is submitted to an insurance company, a health maintenance
7-10     organization, or another organization that pays or reimburses a
7-11     claim for an immunization to a person younger than 18 years of age.
7-12     The report shall contain the elements [be in a format] prescribed
7-13     by the department, which may include submission in writing, by
7-14     electronic means, or by voice.  A health care provider is not
7-15     required to provide an immunization history to the department under
7-16     this subsection for a person excluded from the registry.  The
7-17     department shall consult with health care providers to determine
7-18     the most efficient and cost-effective manner of reporting
7-19     immunization histories [for whom consent has not been obtained in
7-20     accordance with guidelines adopted under Subsection (a) or for whom
7-21     consent has been withdrawn].
7-22           (e)  The department may use the registry to provide notices
7-23     by mail, telephone, personal contact, or other means to a parent,
7-24     managing conservator, or guardian regarding his or her child or
7-25     ward who is due or overdue for a particular type of immunization
7-26     according to the department's immunization schedule.  The notice
7-27     must contain instructions for the parent, managing conservator, or
 8-1     guardian to request that future notices not be sent and to remove
 8-2     the child's immunization record from the registry and any other
 8-3     registry-related record that individually identifies the child.
 8-4     The notice must describe the procedure to report a violation if a
 8-5     child is included in the registry after requesting exclusion.  The
 8-6     department shall consult with health care providers to determine
 8-7     the most efficient and cost-effective manner of using the registry
 8-8     to provide those notices.
 8-9           (f)  Nothing in this subchapter [section] diminishes a
8-10     parent's, managing conservator's, or guardian's responsibility for
8-11     having a child immunized properly, subject to Section 161.004(d).
8-12           (g)  A person, including a health care provider, who submits
8-13     or obtains in good faith an immunization history or data to or from
8-14     the department in compliance with the provisions of this subchapter
8-15     [section] and any rules adopted under this subchapter [section] is
8-16     not liable for any civil damages.
8-17           (h)  [Information obtained by the department for the
8-18     immunization registry is confidential and may be disclosed only
8-19     with the written consent of the child's parent, managing
8-20     conservator, or guardian.]
8-21           [(i)]  The board shall adopt rules to implement this
8-22     subchapter [section].
8-23           (i)  To the extent that the confidentiality requirements
8-24     imposed under this subchapter are more stringent than those imposed
8-25     under Chapter 159, Occupations Code, the requirements of this
8-26     subchapter prevail.
8-27           SECTION 6. Subchapter A, Chapter 161, Health and Safety Code,
 9-1     is amended by adding Section 161.0071 to read as follows:
 9-2           Sec. 161.0071.  NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION
 9-3     FROM REGISTRY. (a)  The first time the department receives registry
 9-4     data for a child, the department shall send a written notification
 9-5     to the child's parent, managing conservator, or guardian
 9-6     disclosing:
 9-7                 (1)  that providers and insurers may be sending the
 9-8     child's immunization information to the department, but the
 9-9     department may not keep the information if the parent, managing
9-10     conservator, or guardian chooses to exclude the child from the
9-11     registry;
9-12                 (2)  the information that is included in the registry;
9-13                 (3)  the persons to whom the information may be
9-14     released under Section 161.008(d);
9-15                 (4)  the purpose and use of the registry;
9-16                 (5)  the procedure to exclude a child from the
9-17     registry; and
9-18                 (6)  the procedure to report a violation if a parent,
9-19     managing conservator, or guardian discovers a child is included in
9-20     the registry after exclusion has been requested.
9-21           (b)  The department shall delete the child's immunization
9-22     records from the registry and any other registry-related department
9-23     record that individually identifies the child, not later than the
9-24     30th day after the date the department receives from the parent,
9-25     managing conservator, or guardian of the child a written request
9-26     that the child be excluded from the registry.  The department shall
9-27     maintain only those records related to the child necessary to
 10-1    ensure that the child continues to be excluded from the registry
 10-2    and may not release the identity of a child excluded from the
 10-3    registry.
 10-4          (c)  The department shall send to a parent, managing
 10-5    conservator, or guardian who makes a written request under
 10-6    Subsection (b) a written confirmation of receipt of the  request
 10-7    for exclusion and the exclusion of the child's records from the
 10-8    registry.
 10-9          (d)  The department commits a violation if the department
10-10    fails to exclude a child from the registry within the period
10-11    required by Subsection (b).
10-12          (e)  The department shall accept any written indication from
10-13    a parent, managing conservator, or guardian communicating to the
10-14    department that a child should be excluded from the registry,
10-15    including a statement on the child's birth certificate, as a
10-16    request for exclusion under Subsection (b).
10-17          SECTION 7. Subchapter A, Chapter 161, Health and Safety Code,
10-18    is amended by adding Section 161.0072 to read as follows:
10-19          Sec. 161.0072.  REGISTRY CONFIDENTIALITY. (a)  The
10-20    information that individually identifies a child received by the
10-21    department for the immunization registry is confidential and may be
10-22    used by the department for registry purposes only.
10-23          (b)  Unless specifically authorized under this subchapter,
10-24    the department may not release registry information to any
10-25    individual or entity without the consent of the person, or if a
10-26    minor, the parent, managing conservator, or guardian of the child.
10-27          (c)  A person required to report information to the
 11-1    department for registry purposes or authorized to receive
 11-2    information from the registry, may not disclose the individually
 11-3    identifiable information to any other person without written
 11-4    consent of the parent, managing conservator, or guardian of the
 11-5    child, except as provided by Chapter 159, Occupations Code.
 11-6          (d)  Registry information is not:
 11-7                (1)  subject to discovery, subpoena, or other means of
 11-8    legal compulsion for release to any person or entity except as
 11-9    provided by this subchapter; or
11-10                (2)  admissible in any civil, administrative, or
11-11    criminal proceeding.
11-12          SECTION 8. Subchapter A, Chapter 161, Health and Safety Code,
11-13    is amended by adding Section 161.0075 to read as follows:
11-14          Sec. 161.0075.  REPORT TO LEGISLATURE. (a)  The department
11-15    shall report to the Legislative Budget Board, the governor, the
11-16    lieutenant governor, the speaker of the house of representatives,
11-17    and appropriate committees of the legislature not later than
11-18    September 30 of each even-numbered year.
11-19          (b)  The department shall use the report required under
11-20    Subsection (a) to develop ways to increase immunization rates using
11-21    state and federal resources.
11-22          (c)  The report must:
11-23                (1)  include the current immunization rates by
11-24    geographic region of the state, where available;
11-25                (2)  focus on the geographic regions of the state with
11-26    immunization rates below the state average for preschool children;
11-27                (3)  describe the approaches identified to increase
 12-1    immunization rates in underserved areas and the estimated cost for
 12-2    each;
 12-3                (4)  identify changes to department procedures needed
 12-4    to increase immunization rates;
 12-5                (5)  identify the services provided under and
 12-6    provisions of contracts entered into by the department to increase
 12-7    immunization rates in underserved areas;
 12-8                (6)  identify performance measures used in contracts
 12-9    described by Subdivision (5);
12-10                (7)  include the number and type of exemptions used in
12-11    the past year;
12-12                (8)  include the number of complaints received by the
12-13    department related to the department's failure to comply with
12-14    requests for exclusion of individuals from the registry; and
12-15                (9)  identify all reported incidents of discrimination
12-16    for requesting exclusion from the registry or for using an
12-17    exemption for a required immunization.
12-18          SECTION 9. Section 161.008, Health and Safety Code, is
12-19    amended by amending Subsections (c) and (d) and adding Subsections
12-20    (e)-(g) to read as follows:
12-21          (c)  The department[, only with the consent of a child's
12-22    parent, managing conservator, or guardian,] may[:]
12-23                [(1)]  obtain the data constituting an immunization
12-24    record for the child from a public health district, a local health
12-25    department, an insurance company, a health maintenance
12-26    organization, or any other organization that pays or reimburses a
12-27    claim for immunization, or any physician, health care professional,
 13-1    or health care facility personnel licensed or otherwise authorized
 13-2    to administer vaccines.
 13-3          (d)  After the 30th day after the date notice was sent by the
 13-4    department to the child's parent, managing conservator, or guardian
 13-5    under Section 161.0071, the department, if the department has not
 13-6    received a written request to exclude the child from the registry,
 13-7    may:
 13-8                (1)  enter the child into the registry; and [or a
 13-9    physician to the child; or]
13-10                (2)  release the data constituting an immunization
13-11    record for the child to any entity in this state that is described
13-12    by Subsection (c) and is providing immunization services to the
13-13    child or is paying or reimbursing a claim for an immunization for
13-14    the child or to [a public health district, a local health
13-15    department, a physician to the child, or] a school or child care
13-16    facility in which the child is enrolled.
13-17          (e) [(d)]  A parent, managing conservator, or legal guardian
13-18    may obtain and on request to the department shall be provided with
13-19    all individually identifiable immunization registry information
13-20    concerning his or her child or ward.
13-21          (f)  The department may release nonidentifying summary
13-22    statistics related to the registry that do not individually
13-23    identify a child.
13-24          (g)  The department may not release individually identifiable
13-25    information under Subsection (d)(2) to an entity outside of this
13-26    state.
13-27          SECTION 10.  Section 161.009(a), Health and Safety Code, is
 14-1    amended to read as follows:
 14-2          (a)  A person commits an offense if the person:
 14-3                (1)  negligently releases or discloses immunization
 14-4    registry information in violation of Section 161.007, 161.0071,
 14-5    161.0072, or 161.008; or
 14-6                (2)  negligently uses the information in the
 14-7    immunization registry to solicit new patients or clients or for
 14-8    other purposes that are not associated with immunization purposes,
 14-9    unless authorized under this section.
14-10          SECTION 11. Section 38.001, Education Code, is amended by
14-11    amending Subsection (c) and adding Subsection (f) to read as
14-12    follows:
14-13          (c)  Immunization is not required for a person's admission to
14-14    any elementary or secondary school if the person applying for
14-15    admission:
14-16                (1)  submits, on request, to the admitting official:
14-17                      (A)  a letter [an affidavit or a certificate]
14-18    signed by a physician who is duly registered and licensed to
14-19    practice medicine in the United States, in which it is stated that,
14-20    in the physician's opinion, the immunization required would be
14-21    injurious to the health and well-being of the applicant or any
14-22    member of the applicant's family or household; or
14-23                      (B)  a form provided by the Texas Department of
14-24    Health in accordance with Section 161.0045, Health and Safety Code,
14-25    [an affidavit] signed by the applicant or, if a minor, by the
14-26    applicant's parent or guardian, and notarized, stating that the
14-27    applicant declines a required immunization for reasons of
 15-1    conscience or because of a religious belief [conflicts with the
 15-2    tenets and practice of a recognized church or religious
 15-3    denomination of which the applicant is an adherent or member],
 15-4    except that an applicant admitted to a school without a required
 15-5    immunization under this subdivision is subject to exclusion from
 15-6    the school [this exemption does not apply] in times of emergency or
 15-7    epidemic declared by the commissioner of public health; or
 15-8                (2)  is a member of the armed forces of the United
 15-9    States and is on active duty.
15-10          (f)  An admitting official of a school may not request the
15-11    submission of a letter or form under Subsection (c) more than once
15-12    each year.
15-13          SECTION 12. Section 38.002(a), Education Code, is amended to
15-14    read as follows:
15-15          (a)  Each public school shall keep an individual immunization
15-16    record or a record of the number and type of exemptions as
15-17    permitted under Section 38.001(c) during the period of attendance
15-18    for each student admitted.  The school shall annually submit a
15-19    report on a form prescribed by the Texas Department of Health to
15-20    the department stating the number and type of exemptions on file
15-21    for children who are attending the school and exercising the
15-22    exemption.  The records shall be open for inspection at all
15-23    reasonable times by the Texas Education Agency or by
15-24    representatives of local health departments or the Texas Department
15-25    of Health.
15-26          SECTION 13. Section 51.933, Education Code, is amended by
15-27    amending Subsection (d) and adding Subsection (f) to read as
 16-1    follows:
 16-2          (d)  Immunization [No form of immunization] is not required
 16-3    for a person's admission to an institution of higher education if
 16-4    the person applying for admission:
 16-5                (1)  submits, on request, to the admitting official:
 16-6                      (A)  a letter [an affidavit or a certificate]
 16-7    signed by a physician who is duly registered and licensed to
 16-8    practice medicine within the United States in which it is stated
 16-9    that, in the physician's opinion, the immunization required would
16-10    be injurious to the health and well-being of the applicant or any
16-11    member of the applicant's family or household; or
16-12                      (B)  a form provided by the Texas Department of
16-13    Health in accordance with Section 161.0045, Health and Safety Code,
16-14    [an affidavit] signed by the applicant or, if a minor, by the
16-15    applicant's parent or guardian, and notarized, stating that the
16-16    applicant declines a required immunization for reasons of
16-17    conscience or because of a religious belief, except that an
16-18    applicant admitted to an institution without a required
16-19    immunization under this subdivision is subject to exclusion from
16-20    the institution in times of emergency or epidemic declared by the
16-21    commissioner of public health [conflicts with the tenets and
16-22    practice of a recognized church or religious denomination of which
16-23    the applicant is an adherent or member]; or
16-24                (2)  is a member of the armed forces of the United
16-25    States and is on active duty.
16-26          (f)  An admitting official of an institution of higher
16-27    education may not request a letter or form under Subsection (d)
 17-1    more than once each year.
 17-2          SECTION 14. Section 42.043(d), Human Resources Code, is
 17-3    amended to read as follows:
 17-4          (d)  A facility may refuse admission to a child who has not
 17-5    received a required immunization.  Immunization is not [No
 17-6    immunization may be] required for admission to a facility regulated
 17-7    under this chapter if a person applying for a child's admission
 17-8    submits, on request, one of the following [affidavits]:
 17-9                (1)  a letter [an affidavit] signed by a [licensed]
17-10    physician who is duly registered and licensed to practice medicine
17-11    in the United States in which it is stated [stating] that in the
17-12    physician's opinion the immunization would be injurious to the
17-13    health and well-being of the child or a member of the child's
17-14    family or household; or
17-15                (2)  a form provided by the Texas Department of Health
17-16    in accordance with Section 161.0045, Health and Safety Code, [an
17-17    affidavit] signed by the child's parent or guardian, and notarized,
17-18    stating that the applicant declines a required immunization for
17-19    reasons of conscience or because of a religious belief, except that
17-20    an applicant admitted to a facility without a required immunization
17-21    under this subdivision is subject to exclusion from the facility in
17-22    times of emergency or epidemic declared by the commissioner of
17-23    public health [conflicts with the tenets and practices of a
17-24    recognized religious organization of which the applicant is an
17-25    adherent or a member].
17-26          SECTION 15. (a)  The Texas Board of Health shall appoint the
17-27    members of the Texas immunization advisory committee not later than
 18-1    November 1, 2001.
 18-2          (b)  As soon as practicable, but not later than August 1,
 18-3    2002, the Texas Board of Health shall:
 18-4                (1)  adopt rules necessary to implement procedure for
 18-5    excluding children from the immunization registry required by this
 18-6    Act; and
 18-7                (2)  make available for use the form for requesting
 18-8    exclusion from the immunization registry required under Section
 18-9    161.0071, Health and Safety Code, as added by this Act.
18-10          (c)  As soon as practicable, but not later than November 1,
18-11    2001, the Texas Board of Health shall make available for use the
18-12    form for exemption from immunizations required under Section
18-13    161.0045, Health and Safety Code, as added by this Act.
18-14          (d)  The report required under Section 161.007(c), Health and
18-15    Safety Code, as amended by this Act, and the data obtained or
18-16    released under Section 161.008, Health and Safety Code, as amended
18-17    by this Act, may not be accepted or released by the Texas
18-18    Department of Health until the department has adopted rules and
18-19    prescribed the forms required by this Act.
18-20          SECTION 16.  This Act takes effect immediately if it receives
18-21    a vote of two-thirds of all the members elected to each house, as
18-22    provided by Section 39, Article III, Texas Constitution.  If this
18-23    Act does not receive the vote necessary for immediate effect, this
18-24    Act takes effect September 1, 2001.