Bill Text: TX HB3905 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of a program for assisting certain recipients in achieving self-sufficiency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to Insurance [HB3905 Detail]
Download: Texas-2021-HB3905-Introduced.html
By: Frank | H.B. No. 3905 |
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relating to the creation of a program for assisting certain | ||
recipients in achieving self-sufficiency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 2, Human Resources Code, Subtitle C, is | ||
amended by adding Chapter 37 to read as follows: | ||
CHAPTER 37. TEXAS FAMILY ASSISTANCE PROGRAM | ||
Sec. 37.001. PURPOSES. The purpose of the Texas Family | ||
Assistance Program is to assist families from low-income households | ||
to achieve self-sufficiency. | ||
Sec. 37.002. DEFINITIONS. In this subchapter: | ||
(1) "Account" means a Texas Family Assistance Program | ||
electronic account established under the program. | ||
(2) "Family service organization" means an | ||
organization performing the powers and duties of a certified family | ||
service organization under Section 37.014. | ||
(3) "Family" means individuals residing in the same | ||
household, with at least one parent or guardian and one child under | ||
the age of twenty-one years. | ||
(4) "Family service provider" means an entity that | ||
provides approved services according to Section 37.015. | ||
(5) "Program" means the Texas Family Assistance | ||
Program established under this subchapter. | ||
(6) "Program participant" means a family enrolled in | ||
the program. | ||
(7) "Grant" means the amount of money granted to the | ||
program participant under this subchapter. | ||
(8) "State premium tax liability" has the meaning | ||
assigned by Section 231.001(6), Insurance Code. | ||
(9) "Self-sufficiency" means being employed in a | ||
position that pays a sufficient wage, having financial savings in | ||
an amount that is equal to at least $1,000 per member of a family's | ||
household, and maintaining a debt-to-income ratio that does not | ||
exceed 43 percent. | ||
Sec. 37.003. ESTABLISHMENT OF PROGRAM. (a) The | ||
comptroller shall establish a Texas Family Assistance Program to | ||
provide funding for approved expenses of families who are admitted | ||
into the program under Section 37.006(a). | ||
Sec. 37.004. TEXAS FAMILY ASSISTANCE PROGRAM FUND. (a) The | ||
Texas Family Assistance Program fund shall be established and | ||
administered by the comptroller. | ||
(b) The fund is composed of: | ||
(1) general revenue transferred to the fund; | ||
(2) money appropriated to the fund; | ||
(3) gifts, grants, and donations received under | ||
Section 37.005; | ||
(4) contributions to the Texas Family Assistance | ||
Program fund for which an entity receives from the Comptroller | ||
preliminary approval or final award of a credit against the state | ||
premium tax liability under Chapter 231, Insurance Code; and | ||
(5) any other money available for purposes of the | ||
program. | ||
(c) A payment under the program may not be financed using | ||
federal funds. | ||
(d) The comptroller shall present to the legislature an | ||
estimate of the amount of money required for the purposes of this | ||
section. The legislature shall appropriate amounts sufficient to | ||
implement the Texas Family Assistance Program fund. | ||
Sec. 37.005. GIFTS, GRANTS, AND DONATIONS. The comptroller | ||
may solicit and accept gifts, grants, and donations from any public | ||
or private source for any expenses related to the administration of | ||
the program, including the initial implementation of the program. | ||
Sec. 37.006. ELIGIBLE FAMILY. (a) To be eligible to | ||
participate in the program a family must be a part of a household | ||
with a total annual income that is at or below 200 percent of the | ||
federal poverty level. | ||
(b) A family who is admitted into the program may | ||
participate in the program until: | ||
(1) the youngest child's twenty-first birthday; | ||
(2) the family is declared ineligible for the program | ||
by the comptroller under Section 37.018; or | ||
(3) the family reaches self-sufficiency. | ||
Sec. 37.007. APPROVED EXPENSES. (a) The Health and Human | ||
Services Commission shall establish rules regarding the approved | ||
expenses, administration, procedures and implementation of the | ||
Texas Family Assistance Program. | ||
Sec. 37.008. AMOUNT OF ASSISTANCE AVAILABLE; FINANCING. | ||
(a) The annual funding for each family who is admitted into the | ||
program shall not exceed $10,000 per person. | ||
(b) In partnership with the commission, the comptroller | ||
shall calculate the annual assistance amount under Subsection (a). | ||
(c) Any funds remaining in a program participant's account | ||
at the end of a fiscal year are carried forward to the next fiscal | ||
year unless another provision of this subchapter mandates the | ||
closure of the account. | ||
(d) On the date on which a program participant is no longer | ||
eligible to participate in the program under Section 37.006(b), the | ||
program participant's account shall be closed and any remaining | ||
funds shall be returned to the state for deposit in the Texas Family | ||
Assistance Program fund. | ||
Sec. 37.009. ADMINISTRATION OF THE PROGRAM. (a) The | ||
comptroller shall certify at least one and no more than three family | ||
service organizations to administer the program. | ||
(b) The comptroller shall allocate to the program | ||
participant's account the annual amount of a grant awarded to a | ||
program participant in equal quarterly amounts on or before the 1st | ||
day of August, November, February, and May. | ||
(c) Each quarter, the comptroller may deduct an amount from | ||
the Texas Family Assistance Program Fund to cover the comptroller's | ||
cost of administering the program. The annual amount deducted may | ||
not exceed three percent of the fund for the fiscal year. | ||
(d) Each quarter, the comptroller shall disburse to the | ||
family service organization an amount from the Texas Family | ||
Assistance Program fund to cover the organization's cost of | ||
administering the program. The annual amount disbursed between all | ||
of the family service organizations may not exceed five percent of | ||
the fund for the fiscal year. | ||
(e) The comptroller or family service organization(s) shall | ||
publish on their website an application for family service | ||
providers to apply and be verified to participate in the program. | ||
If a family service provider satisfies the requirements under | ||
Section 37.015, the comptroller or family service organization | ||
shall verify the applicant and share the verified family service | ||
provider's information with the family service organization in | ||
accordance with Section 37.015(d). | ||
Sec. 37.010. ENROLLMENT IN PROGRAM. (a) An eligible family | ||
may apply to a family service organization to enroll in the program. | ||
(b) Family service organizations shall create an enrollment | ||
form for the program and make the enrollment form readily available | ||
to interested families through various sources, including the | ||
organization's website. An enrollment form for the program may be | ||
submitted to a family service organization electronically. | ||
(c) Family service organizations shall post on the | ||
organization's website and provide to each family who submits an | ||
enrollment form a publication that describes the operation of the | ||
program, including: | ||
(1) expenses allowed under the program under Section | ||
37.007; | ||
(2) expense reporting requirements established by the | ||
family service organization; | ||
(3) a description of the responsibilities of program | ||
participants, including those under Section 37.011; and | ||
(4) the duties of family service organizations under | ||
this subchapter. | ||
(d) Family service organizations shall provide annually to | ||
each program participant the information required under Subsection | ||
(c). Information may be provided electronically. | ||
Sec. 37.011. PARTICIPATION IN PROGRAM. (a) A program | ||
participant must agree to: | ||
(1) direct program funds only for allowed expenses; | ||
(2) notify their family service organization within 30 | ||
days if they are no longer eligible for the program. | ||
(b) The program participant shall provide their family | ||
service organization any information needed to determine program | ||
eligibility. | ||
(c) No member of the program participant's immediate family | ||
or household may be hired to serve as their family service provider | ||
under this program. | ||
Sec. 37.012. CERTIFICATION OF FAMILY SERVICE ORGANIZATION. | ||
(a) An organization may apply to the comptroller for certification | ||
to be a family service organization for the program during an | ||
application period provided by the comptroller. | ||
(b) To be eligible for certification, the organization | ||
must: | ||
(A) have the ability to award grants to program | ||
participants and pay verified family service providers; | ||
(B) be exempt from federal tax under Section | ||
501(a) of the Internal Revenue Code of 1986 by being recognized as | ||
an exempt organization in Section 501(c)(3) of that code; | ||
(C) be in good standing with the state; and | ||
(D) be able to administer the program, including: | ||
(i) accept, process, and track applications | ||
for grants; and | ||
(ii) award grants to families. | ||
Sec. 37.013. ALLOCATION OF MONEY DESIGNATED FOR GRANTS. | ||
(a) Of the amount required to be allocated as provided by Section | ||
37.008, the family service organization shall use: | ||
(1) at least 95 percent to award grants to families who | ||
are admitted into the program; and | ||
(2) not more than five percent for fees for the | ||
management of the program. | ||
Sec. 37.014. FAMILY SERVICE ORGANIZATION POWERS AND DUTIES. | ||
(a) A family service organization shall create and publish on their | ||
website an application form for families interested in enrolling in | ||
the program. The form may be filled out and submitted | ||
electronically. | ||
(b) As long as funds are available, a family service | ||
organization shall admit into the program families who applied to | ||
the program if the family service organization finds the family to | ||
be eligible under Section 37.006. | ||
(c) Family service organizations shall award a grant to each | ||
program participant in the amount as applicable by Section 37.008. | ||
(d) Family service organizations shall give first priority | ||
for program participation to eligible families who received a grant | ||
during the previous year. | ||
(e) Except as provided in subsection (d), family service | ||
organizations shall give priority for program participation to | ||
eligible families who demonstrate the greatest financial need. | ||
(f) The family service organizations shall post all | ||
entities which the organization has been notified under Section | ||
37.015 that are eligible to receive program funds. No family | ||
service provider shall be preferred over any other family service | ||
provider. | ||
Sec. 37.015. FAMILY SERVICE PROVIDER REQUIREMENTS. (a) | ||
All family service providers must apply to and be verified by the | ||
comptroller to be eligible to receive funds under the program. In | ||
partnership with the Health and Human Services Commission, the | ||
Comptroller shall establish rules regarding the family service | ||
provider requirements and verification. If the family service | ||
provider meets the requirements, the comptroller may not refuse to | ||
verify that family service provider. | ||
(b) any family service providers that provide services or | ||
materials that qualify as an approved expense under Section 37.007 | ||
shall present any necessary supporting documents concerning their | ||
qualification to serve program participants. | ||
(c) The comptroller shall maintain, post on the | ||
comptroller's website, and provide to the family service | ||
organizations a list of all family service providers which have | ||
sought to participate in the program and which the comptroller has | ||
verified or found to be eligible under Section 37.015 to receive | ||
program funds | ||
(d) A family service provider may not charge a family | ||
participating in the program an amount greater than the standard | ||
amount charged for that service by the provider. | ||
(e) A family service provider receiving program funds may | ||
not in any manner rebate, refund, credit to, or share with a program | ||
participant, or any person on behalf of a program participant, any | ||
program funds paid or owed by the program participant to the family | ||
service provider. | ||
Sec. 37.016. SERVICE PROVIDERS AUTONOMY. (a) A family | ||
service provider that receives program funds is not an agent of the | ||
state or federal government. | ||
(b) The program does not expand the regulatory authority of | ||
the state to impose any additional regulation on an family service | ||
provider except those reasonably necessary to maintain the program | ||
as provided by this subchapter. | ||
(c) Family service providers may not be required to modify | ||
their creed, practices, or operations to receive funds distributed | ||
under the program. | ||
(d) In any proceeding challenging a rule adopted by a state | ||
commission or officer under this subchapter, the commission or | ||
officer has the burden of proof to establish that the rule: | ||
(1) is necessary to implement or maintain the program | ||
as provided by this subchapter; and | ||
(2) does not impose an undue burden on a program | ||
participant or a family service provider that receives or seeks to | ||
receive funds distributed under the program. | ||
Sec. 37.017. RANDOM AUDITING. (a) The comptroller may | ||
contract with a private entity to randomly audit family service | ||
organizations as necessary to ensure compliance with the | ||
requirements of the program. | ||
(b) In auditing, the comptroller or private entity may | ||
require that a program participant or family service organization | ||
provide further information and documentation regarding any | ||
payment from the Texas Family Assistance Program fund. | ||
(c) The private entity shall report to the comptroller any | ||
violation of this subchapter or other relevant law found by the | ||
entity during an audit conducted under this section. | ||
(d) A finding that program funds were used for an expense | ||
not allowed under Section 37.007 does not affect the validity of any | ||
payment made for an expense that is allowed under Section 37.007. | ||
Sec. 37.018. SUSPENSION OF ACCOUNT. (a) If the comptroller | ||
determines a program participant has failed to comply with | ||
applicable law or a requirement of the program the comptroller or | ||
the family service organization shall suspend the account of a | ||
program participant. | ||
(b) On suspension of an account under Subsection (a), the | ||
comptroller or family service organization shall notify the program | ||
participant in writing that the account has been suspended and that | ||
no further payments shall be made from the account. The | ||
notification must specify the grounds for the suspension and state | ||
that the program participant has 10 business days to respond and | ||
take any corrective action required by the comptroller or family | ||
service organization. | ||
(c) On the expiration of the 10-day period under Subsection | ||
(b), the comptroller or family service organization shall: | ||
(1) order permanent closure of the suspended account | ||
and declare the program participant ineligible for the program; | ||
(2) order temporary reinstatement of the account, | ||
conditioned on the performance of a specified action by the program | ||
participant; or | ||
(3) order full reinstatement of the account. | ||
(d) The comptroller or family service organization may | ||
recover funds distributed under the program that were used for | ||
expenses not allowed under Section 37.007 from the program | ||
participant or the family service provider that received the funds | ||
if the program participant's account is suspended or closed under | ||
this section. | ||
Sec. 37.019. REFERRAL TO THE ATTORNEY GENERAL. (a) If the | ||
comptroller or family service organization obtains evidence of | ||
fraudulent use of an account, the comptroller or family service | ||
organization may refer the case to the attorney general for | ||
investigation. | ||
(b) With the consent of the appropriate local county or | ||
district attorney, the attorney general has concurrent | ||
jurisdiction with the consenting local prosecutor to prosecute an | ||
offense referred to the attorney general under Subsection (a). | ||
Sec. 37.020. TAX CREDIT ADMINISTRATION DUITIES. (a) The | ||
comptroller shall give each donor who provides notice under Section | ||
231.051(c), Insurance Code, a receipt for money contributed to the | ||
organization that includes the name of the organization, the name | ||
of the donor, the amount of the contribution, the information | ||
required by Section 231.051(c), and any other information required | ||
by the comptroller. | ||
(i) The comptroller shall disburse within two academic | ||
years of receipt contributions to the Texas Family Assistance | ||
Program fund for which an entity receives from the comptroller | ||
preliminary approval or final award of a credit against the state | ||
premium tax liability under Chapter 231, Insurance Code. | ||
Sec. 37.021. RULES; PROCEDURES. (a) The comptroller shall | ||
adopt rules and procedures only as necessary to implement, | ||
administer, and enforce this chapter. | ||
(b) A rule adopted under Subsection (a) is binding on an | ||
organization that applies for certification as an family service | ||
organization, an entity that applies for a credit, and a state or | ||
local governmental entity, including a political subdivision, as | ||
necessary to implement, administer, and enforce this chapter. | ||
SECTION 2. Subtitle B, Title 3, Insurance Code, is amended | ||
by adding Chapter 231 to read as follows: | ||
CHAPTER 231. CREDIT AGAINST PREMIUM TAXES FOR CONTRIBUTIONS TO | ||
TEXAS FAMILY ASSISTANCE PROGRAM FUND | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 231.001. DEFINITIONS. In this chapter: | ||
(1) "Family service organization" has the meaning | ||
assigned by Sec. 37.002(2), Human Resources Code. | ||
(2) "Family service provider" has the meaning assigned | ||
by Sec. 37.002(4), Human Resources Code. | ||
(3) "Program" has the meaning assigned by Sec. | ||
37.002(5), Human Resources Code. | ||
(4) "Program participant" has the meaning assigned by | ||
Sec. 37.002(6), Human Resources Code. | ||
(5) "Grant" has the meaning assigned by Sec. | ||
37.002(7), Human Resources Code. | ||
(6) "State premium tax liability" means any liability | ||
incurred by an entity under Chapters 221 through 226. | ||
Sec. 231.002. RULES; PROCEDURES. (a) The comptroller shall | ||
adopt rules and procedures only as necessary to implement, | ||
administer, and enforce this chapter. | ||
(b) A rule adopted under Subsection (a) is binding on an | ||
organization that applies for certification as a family service | ||
organization under Sec. 37.012, Human Resources Code, an entity | ||
that applies for a credit, and a state or local governmental entity, | ||
including a political subdivision, as necessary to implement, | ||
administer, and enforce this chapter. | ||
SUBCHAPTER B. CREDIT | ||
Sec. 231.051. CREDIT FOR CONTRIBUTIONS. (a) An entity may | ||
apply for a credit under this chapter only for money contributed to | ||
the comptroller and designated for the Texas Family Assistance | ||
Program fund for use by program participants. | ||
(b) An entity may not apply for a credit under this chapter | ||
for a contribution made to the comptroller if: | ||
(1) the entity requires that the contribution benefit | ||
a particular program participant or family service provider; or | ||
(2) the contribution is designated to provide a grant | ||
for an entity employee or for a spouse or dependent of an entity | ||
employee. | ||
(c) The comptroller shall indicate on the receipt required | ||
under Sec. 37.020, Human Resources Code, that the entity made the | ||
notification under this subsection. | ||
Sec. 231.052. CREDIT. An entity may apply for a credit | ||
against the entity's state premium tax liability in the amount and | ||
under the conditions and limitations provided by this chapter. The | ||
comptroller shall award credits as provided by Section 231.055. | ||
Sec. 231.053. AMOUNTS; LIMITATION ON TOTAL CREDITS. (a) | ||
Subject to Subsections (b) and (c), the amount of an entity's credit | ||
is equal to the lesser of the amount of the qualifying contributions | ||
made to the comptroller for the program or 50 percent of the | ||
entity's state premium tax liability. | ||
(b) Subject to Subsection (c), the total amount of tax | ||
credits that may be awarded under this chapter for a state fiscal | ||
year may not exceed $10 million. | ||
(c) In the 2022 state fiscal year and each state fiscal year | ||
thereafter, the tax credit cap amount is the tax credit cap amount | ||
in the prior state fiscal year. However, when the total annual tax | ||
credits awarded by the comptroller under Section 231.055(c) for the | ||
prior state fiscal year is equal to or greater than 90 percent of | ||
the tax credit cap amount applicable to that state fiscal year, the | ||
tax credit cap amount shall increase by 25 percent. The comptroller | ||
shall provide notice on the comptroller's website when the tax | ||
credit cap amount is increased pursuant to this subparagraph. | ||
(d) The comptroller by rule shall prescribe procedures by | ||
which the comptroller may allocate credits under this chapter. The | ||
procedures must provide that credits are first allocated to | ||
entities that were granted preliminary approval for a credit under | ||
Section 231.054 in the amount that was preliminarily approved. The | ||
procedures must provide that any remaining credits are allocated on | ||
a first-come, first-served basis, based on the date the | ||
contribution was initially made. | ||
(e) The comptroller may require an entity to notify the | ||
comptroller of the amount the entity intends or expects to apply for | ||
under this chapter before the beginning of a state fiscal year or at | ||
any other time required by the comptroller. | ||
Sec. 231.054. PRELIMINARY APPROVAL FOR CREDIT. (a) Before | ||
making a contribution to the comptroller, an entity may apply to the | ||
comptroller for preliminary approval of a credit under this chapter | ||
for the contribution. | ||
(b) An entity must apply for preliminary approval of a | ||
credit on a form provided by the comptroller that includes the | ||
amount the entity expects to contribute and any other information | ||
required by the comptroller. | ||
(c) The comptroller shall grant preliminary approval for | ||
credits under this chapter on a first-come, first-served basis, | ||
based on the date the application for preliminary approval is | ||
received by the comptroller. | ||
(d) The comptroller shall grant preliminary approval for a | ||
credit under this chapter if the total amount of credits | ||
preliminarily approved under this chapter does not exceed the | ||
amount provided by Section 231.053(b). | ||
(e) A credit for which the comptroller grants preliminary | ||
approval remains subject to the limitation under Section 231.053(a) | ||
and any other limitations prescribed by this chapter. | ||
Sec. 231.055. APPLICATION FOR CREDIT. (a) An entity must | ||
apply for a credit under this chapter on or with the tax return for | ||
the taxable year and submit with the application each receipt | ||
issued under Sec. 37.020 Human Resources Code, that includes the | ||
information required by Section 231.051(c). | ||
(b) The comptroller shall adopt a form for the application | ||
for the credit. An entity must use this form in applying for the | ||
credit. | ||
(c) The comptroller may award a credit to an entity that | ||
applies for the credit under Subsection (a) if the entity is | ||
eligible for the credit and the credit is available under Section | ||
231.053(b). The comptroller has broad discretion in determining | ||
whether to grant or deny an application for a credit. | ||
(d) The comptroller shall notify an entity in writing of the | ||
comptroller's decision to grant or deny the application under | ||
Subsection (a). If the comptroller denies an entity's application, | ||
the comptroller shall include in the notice of denial the reasons | ||
for the comptroller's decision. | ||
(e) If the comptroller denies an entity's application under | ||
Subsection (a), the entity may request in writing a reconsideration | ||
of the application not later than the 10th day after the date of the | ||
notice under Subsection (d). If the entity does not request a | ||
reconsideration of the application on or before that date, the | ||
comptroller's decision is final. | ||
(f) An entity that requests a reconsideration under | ||
Subsection (e) may submit to the comptroller not later than the 30th | ||
day after the date the request for reconsideration is submitted | ||
additional information and documents to support the entity's | ||
request for reconsideration. | ||
(g) The comptroller's reconsideration of an application | ||
under this section is not a contested case under Chapter 2001, | ||
Government Code. The comptroller's decision on a request for | ||
reconsideration of an application is final and is not appealable. | ||
(h) This section does not create a cause of action to | ||
contest a decision of the comptroller to deny an application for a | ||
credit under this chapter. | ||
Sec. 231.056. ASSIGNMENT PROHIBITED; EXCEPTION. An entity | ||
may not convey, assign, or transfer the credit allowed under this | ||
chapter to another entity unless all of the assets of the entity are | ||
conveyed, assigned, or transferred in the same transaction. | ||
Sec. 231.057. NOTICE OF AVAILABILITY OF CREDIT. The | ||
comptroller shall provide notice of the availability of the credit | ||
under this chapter on the comptroller's website, in the | ||
instructions for insurance premium tax report forms, and in any | ||
notice sent to an entity concerning the requirement to file an | ||
insurance premium tax report. | ||
SECTION 3. Not later than 45 days after the effective date | ||
of this Act the comptroller of public accounts and the commission | ||
shall adopt rules necessary to implement the Texas Family | ||
Assistance Program established under Chapter 37, Human Resources | ||
Code, as added by this Act. | ||
SECTION 4. (a) If some or all of the provisions of this Act | ||
are ever temporarily or permanently restrained or enjoined by | ||
judicial order, all other provisions of the Act shall be enforced as | ||
though the restrained or enjoined provisions had not been adopted; | ||
provided, however, that whenever the temporary or permanent | ||
restraining order or injunction is stayed or dissolved, or | ||
otherwise ceases to have effect, the provisions shall have full | ||
force and effect. | ||
(b) It is the intent of the legislature that every | ||
provision, section, subsection, sentence, clause, phrase, or word | ||
in this Act, and every application of the provisions in this Act, | ||
are severable from each other. If any application of any provision | ||
in this Act to any person, group of persons, or circumstances is | ||
found by any court to be invalid, the remaining applications of that | ||
provision to all other persons and circumstances shall be severed | ||
and may not be affected. All constitutionally valid applications of | ||
this Act shall be severed from any applications that a court finds | ||
to be invalid, leaving the valid applications in force, because it | ||
is the legislature's intent and priority that the valid | ||
applications be allowed to stand alone. Even if a reviewing court | ||
finds a provision of this Act to impose an undue burden in a large or | ||
substantial fraction of relevant cases, the applications that do | ||
not present an undue burden shall be severed from the remaining | ||
provisions and shall remain in force, and shall be treated as if the | ||
legislature had enacted a statute limited to the persons, group of | ||
persons, or circumstances for which the statute's application does | ||
not present an undue burden. The legislature further declares that | ||
it would have passed this Act, and each provision, section, | ||
subsection, sentence, clause, phrase, or word, and all | ||
constitutional applications of this Act, irrespective of the fact | ||
that any provision, section, subsection, sentence, clause, phrase, | ||
or word, or applications of this Act, were to be declared | ||
unconstitutional or to represent an undue burden. | ||
(c) If any provision of this Act is found by any court to be | ||
unconstitutionally vague, then the applications of that provision | ||
that do not present constitutional vagueness problems shall be | ||
severed and remain in force. | ||
SECTION 5. Except as otherwise provided by this Act: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2021. | ||
SECTION 6. An entity may apply for a credit under Chapter | ||
231, Insurance Code, as added by this Act, only for an expenditure | ||
made on or after September 1, 2020. | ||
SECTION 7. Chapter 231, Insurance Code, as added by this | ||
Act, applies only to a report originally due on or after September | ||
1, 2020. |