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A BILL TO BE ENTITLED
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AN ACT
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relating to the development and implementation of a veterans health |
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care coverage program to assist certain veterans in obtaining |
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health care coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 4, Government Code, is amended |
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by adding Chapter 550A to read as follows: |
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CHAPTER 550A. VETERANS HEALTH CARE COVERAGE PROGRAM |
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Sec. 550A.0001. DEFINITIONS. In this chapter: |
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(1) "Eligible individual" means a veteran who is |
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eligible to participate in the program. |
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(2) "Participant" means a veteran who is enrolled in |
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the program. |
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(3) "Program" means the veterans health care coverage |
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program established under this chapter. |
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(4) "Veteran" has the meaning assigned by Section |
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411.1951. |
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Sec. 550A.0002. FEDERAL AUTHORIZATION FOR PROGRAM. (a) |
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The executive commissioner shall seek a waiver under Section 1115 |
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of the federal Social Security Act (42 U.S.C. Section 1315) to |
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obtain any federal money available for implementing the program to |
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assist eligible individuals in obtaining health care coverage. |
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(b) The terms of the waiver the executive commissioner seeks |
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must: |
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(1) be designed to: |
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(A) provide financial assistance for eligible |
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individuals to obtain health care coverage, including coverage for |
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mental health services; and |
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(B) encourage participants to seek employment |
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opportunities, including through programs operated by the Texas |
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Workforce Commission; and |
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(2) allow for the operation of the program consistent |
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with the requirements of this chapter, except to the extent |
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deviation from the requirements is necessary to obtain federal |
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authorization of the waiver. |
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Sec. 550A.0003. FUNDING. Subject to approval of the waiver |
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described by Section 550A.0002, the commission shall implement the |
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program using federal money obtained for that purpose. |
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Sec. 550A.0004. NOT AN ENTITLEMENT. This chapter does not |
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establish an entitlement to financial assistance for obtaining |
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health care coverage under the program for eligible individuals. |
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Sec. 550A.0005. PROGRAM PROMOTION AND ADMINISTRATION. The |
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commission shall promote and provide information on the program to |
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veterans who are potentially eligible to participate in the |
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program. The commission shall ensure the program's promotion is |
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designed in a manner to reach as many veterans as possible. |
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Sec. 550A.0006. ELIGIBILITY REQUIREMENTS. An individual is |
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eligible to participate in the program if: |
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(1) the individual: |
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(A) is a resident of this state; |
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(B) is a veteran; |
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(C) is 19 years of age or older but younger than |
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65 years of age; and |
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(D) applying the eligibility criteria in effect |
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in this state on December 31, 2024, is not eligible for Medicaid; |
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and |
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(2) federal money is available to provide benefits to |
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the individual under the program. |
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Sec. 550A.0007. COMMISSION'S AUTHORITY RELATED TO |
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ELIGIBILITY AND MEDICAID COORDINATION. The commission may: |
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(1) accept applications for program participation and |
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implement program eligibility screening and enrollment procedures; |
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(2) resolve grievances related to eligibility |
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determinations; and |
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(3) to the extent possible, coordinate the program |
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with Medicaid. |
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Sec. 550A.0008. APPLICATION FORM AND PROCEDURES. (a) The |
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executive commissioner shall adopt an application form and |
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application procedures for the program. The form and procedures |
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may be coordinated with Medicaid forms and procedures to ensure |
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there is a single consolidated application process to seek health |
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care coverage under the program or Medicaid. |
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(b) To the extent possible, the commission shall make the |
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application form available in languages other than English. |
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(c) The executive commissioner may permit a veteran to apply |
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by mail, over the telephone, or through the Internet. |
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Sec. 550A.0009. ELIGIBILITY SCREENING AND ENROLLMENT. (a) |
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The executive commissioner shall adopt eligibility screening and |
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enrollment procedures or use the Texas Integrated Enrollment |
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Services eligibility determination system or a compatible system to |
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screen veterans and enroll eligible individuals in the program. |
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(b) The eligibility screening and enrollment procedures |
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must ensure that a veteran applying for the program who appears |
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eligible for Medicaid is identified and assisted with obtaining |
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Medicaid coverage. If the veteran is denied Medicaid coverage but |
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is otherwise determined eligible to participate in the program, the |
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commission shall enroll the veteran in the program without |
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additional application or qualification. |
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(c) Not later than the 30th day after the date a veteran |
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submits a complete application form, the commission shall ensure |
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that the veteran's eligibility to participate in the program is |
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determined and that the veteran is enrolled in the program if |
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eligible. |
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Sec. 550A.0010. ELIGIBILITY REDETERMINATION AND |
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DISENROLLMENT. (a) The commission shall redetermine a |
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participant's eligibility to participate in the program during the |
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12th month following the date the participant is initially enrolled |
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in the program or was most recently redetermined eligible for the |
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program. The commission shall ensure the eligibility |
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redetermination process is as seamless and contains as little |
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administrative burden for the participant as possible to facilitate |
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the participant's successful eligibility redetermination. |
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(b) Not later than the 60th day before the expiration of a |
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participant's coverage period, the commission shall take all |
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reasonable steps to notify the participant regarding the |
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eligibility redetermination process and request documentation |
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necessary to redetermine the participant's eligibility. |
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(c) The commission shall disenroll a participant from the |
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program if: |
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(1) the participant does not submit the requested |
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eligibility redetermination documentation before the last day of |
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the participant's coverage period; or |
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(2) the commission, based on the submitted |
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documentation, determines the participant is no longer eligible to |
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participate in the program. |
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Sec. 550A.0011. SLIDING SCALE SUBSIDIES. (a) The |
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commission shall ensure a participant receives a sliding scale |
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subsidy under the program to purchase health benefit coverage. |
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(b) A sliding scale subsidy provided to a participant must: |
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(1) be based on: |
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(A) the average health benefit coverage premium |
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in the market; and |
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(B) a realistic assessment of the participant's |
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ability to pay a portion of the premium; and |
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(2) include an enhancement for participants who choose |
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a high deductible health plan with a health savings account. |
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(c) The commission shall ensure that counselors are made |
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available to participants to advise the participants on selecting |
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health benefit coverage that meets the participant's needs. |
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(d) A participant is responsible for paying: |
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(1) any difference between the premium costs |
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associated with the purchase of health benefit coverage and the |
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amount of the participant's subsidy under this section; and |
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(2) any copayments associated with the health benefit |
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coverage, except to the extent the individual receives an |
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additional subsidy under Section 550A.0012 to pay the copayments. |
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(e) If the amount of a subsidy a participant receives under |
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this section exceeds the premium costs associated with the |
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participant's purchase of health benefit coverage, the participant |
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may deposit the excess amount in a health savings account that may |
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be used only in the manner described by Section 550A.0013(b). |
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Sec. 550A.0012. ADDITIONAL COST-SHARING SUBSIDIES. In |
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addition to providing a subsidy to a participant under Section |
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550A.0011, the commission shall provide additional subsidies for |
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coinsurance payments, copayments, deductibles, and other |
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cost-sharing requirements associated with the participant's health |
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benefit coverage. The commission shall provide the additional |
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subsidies on a sliding scale based on income. |
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Sec. 550A.0013. DELIVERY OF SUBSIDIES; HEALTH SAVINGS |
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ACCOUNTS. (a) The commission shall determine the most appropriate |
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manner for delivering and administering subsidies provided under |
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Sections 550A.0011 and 550A.0012. In determining the most |
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appropriate manner, the commission shall consider depositing |
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subsidy amounts for a participant in a health savings account |
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established for that participant. |
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(b) A health savings account established under this section |
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may be used only to: |
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(1) pay health benefit coverage premiums and |
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cost-sharing amounts; and |
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(2) if appropriate, purchase health care-related |
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goods and services. |
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Sec. 550A.0014. RULEMAKING AUTHORITY. The commission shall |
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adopt rules as necessary to implement the program. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall apply for and actively pursue from the |
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federal Centers for Medicare and Medicaid Services or another |
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appropriate federal agency the waiver required by Section |
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550A.0002, Government Code, as added by this Act. The commission |
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may delay implementing this Act until the waiver applied for under |
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this section is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |