Bill Text: TX SB968 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to public health disaster and public health emergency preparedness and response; providing a civil penalty.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2021-06-16 - Effective immediately [SB968 Detail]
Download: Texas-2021-SB968-Enrolled.html
S.B. No. 968 |
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relating to public health disaster and public health emergency | ||
preparedness and response; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 418, Government Code, is | ||
amended by adding Section 418.0125 to read as follows: | ||
Sec. 418.0125. LIMITATIONS ON MEDICAL PROCEDURES. (a) In | ||
this section, "nonelective medical procedure" means a medical | ||
procedure, including a surgery, a physical exam, a diagnostic test, | ||
a screening, the performance of a laboratory test, and the | ||
collection of a specimen to perform a laboratory test, that if not | ||
performed within a reasonable time may, as determined in good faith | ||
by a patient's physician, result in: | ||
(1) the patient's loss of life; or | ||
(2) a deterioration, complication, or progression of | ||
the patient's current or potential medical condition or disorder, | ||
including a physical condition or mental disorder. | ||
(b) The Texas Medical Board during a declared state of | ||
disaster may not issue an order or adopt a regulation that limits or | ||
prohibits a nonelective medical procedure. | ||
(c) The Texas Medical Board during a declared state of | ||
disaster may issue an order or adopt a regulation imposing a | ||
temporary limitation or prohibition on a medical procedure other | ||
than a nonelective medical procedure only if the limitation or | ||
prohibition is reasonably necessary to conserve resources for | ||
nonelective medical procedures or resources needed for disaster | ||
response. An order issued or regulation adopted under this | ||
subsection may not continue for more than 15 days unless renewed by | ||
the board. | ||
(d) A person subject to an order issued or regulation | ||
adopted under this section who in good faith acts or fails to act in | ||
accordance with that order or regulation is not civilly or | ||
criminally liable and is not subject to disciplinary action for | ||
that act or failure to act. | ||
(e) The immunity provided by Subsection (d) is in addition | ||
to any other immunity or limitation of liability provided by law. | ||
(f) Notwithstanding any other law, this section does not | ||
create a civil, criminal, or administrative cause of action or | ||
liability or create a standard of care, obligation, or duty that | ||
provides the basis for a cause of action for an act or omission | ||
under this section. | ||
SECTION 2. Subchapter C, Chapter 418, Government Code, is | ||
amended by adding Section 418.0435 to read as follows: | ||
Sec. 418.0435. PERSONAL PROTECTIVE EQUIPMENT CONTRACTS. | ||
(a) The division shall enter into a contract with a manufacturer or | ||
wholesale distributor of personal protective equipment that | ||
guarantees a set amount and stocked supply of the equipment for use | ||
during a public health disaster declared under Section 81.0813, | ||
Health and Safety Code. | ||
(b) The division may purchase personal protective equipment | ||
under a contract described by Subsection (a) only if the division | ||
determines the state's supply of personal protective equipment will | ||
be insufficient based on an evaluation of the personal protective | ||
equipment: | ||
(1) held in reserve in this state; and | ||
(2) supplied by or expected to be supplied by the | ||
federal government. | ||
(c) The division shall pursue all available federal funding | ||
to cover the costs of personal protective equipment purchased under | ||
a contract described by Subsection (a). | ||
(d) In entering into a contract under Subsection (a), the | ||
division shall ensure that the manufacturer is located in the | ||
United States to the extent practicable. | ||
SECTION 3. Subchapter E, Chapter 418, Government Code, is | ||
amended by adding Section 418.1085 to read as follows: | ||
Sec. 418.1085. LIMITATIONS ON CONSTRUCTION AND RELATED | ||
SERVICES. The presiding officer of the governing body of a | ||
political subdivision may not issue an order during a declared | ||
state of disaster or local disaster to address a pandemic disaster | ||
that would limit or prohibit: | ||
(1) housing and commercial construction activities, | ||
including related activities involving the sale, transportation, | ||
and installation of manufactured homes; | ||
(2) the provision of governmental services for title | ||
searches, notary services, and recording services in support of | ||
mortgages and real estate services and transactions; | ||
(3) residential and commercial real estate services, | ||
including settlement services; or | ||
(4) essential maintenance, manufacturing, design, | ||
operation, inspection, security, and construction services for | ||
essential products, services, and supply chain relief efforts. | ||
SECTION 4. Subchapter H, Chapter 418, Government Code, is | ||
amended by adding Section 418.1861 to read as follows: | ||
Sec. 418.1861. DISEASE PREVENTION INFORMATION SYSTEM. (a) | ||
The Department of State Health Services, using existing resources, | ||
shall develop and implement a disease prevention information system | ||
for dissemination of immunization information during a declared | ||
state of disaster or local state of disaster. | ||
(b) During a declared state of disaster or local state of | ||
disaster, the Department of State Health Services shall ensure that | ||
educational materials regarding immunizations are available to | ||
local health authorities in this state for distribution to: | ||
(1) public and private schools; | ||
(2) child-care facilities as defined by Section | ||
42.002, Human Resources Code; | ||
(3) community centers offering youth services and | ||
programs; | ||
(4) community centers offering services and programs | ||
to vulnerable populations, including communities of color, | ||
low-income individuals, and elderly individuals; | ||
(5) local health care providers; and | ||
(6) veterans homes as defined by Section 164.002, | ||
Natural Resources Code. | ||
(c) The educational materials must include: | ||
(1) the most recent immunization schedules by age as | ||
recommended by the Centers for Disease Control and Prevention; and | ||
(2) locations, if any, of local health care providers | ||
that offer immunizations. | ||
SECTION 5. Chapter 418, Government Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. WELLNESS CHECKS FOR MEDICALLY FRAGILE INDIVIDUALS | ||
DURING CERTAIN EMERGENCIES | ||
Sec. 418.301. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Department" means the Department of State Health | ||
Services. | ||
(3) "Emergency assistance registry" means the | ||
registry maintained by the division that provides local emergency | ||
planners and emergency responders with additional information on | ||
the needs of certain individuals in their communities. | ||
(4) "First responder" means any federal, state, or | ||
local personnel who may respond to a disaster, including: | ||
(A) public health and public safety personnel; | ||
(B) commissioned law enforcement personnel; | ||
(C) fire protection personnel, including | ||
volunteer firefighters; | ||
(D) emergency medical services personnel, | ||
including hospital emergency facility staff; | ||
(E) a member of the National Guard; or | ||
(F) a member of the Texas State Guard. | ||
(5) "Medically fragile individual" means any | ||
individual who, during a time of disaster or emergency, would be | ||
particularly vulnerable because of a medical condition, including | ||
individuals: | ||
(A) with Alzheimer's disease and other related | ||
disorders; | ||
(B) receiving dialysis services; | ||
(C) who are diagnosed with a debilitating chronic | ||
illness; | ||
(D) who are dependent on oxygen treatment; and | ||
(E) who have medical conditions that require | ||
24-hour supervision from a skilled nurse. | ||
Sec. 418.302. MEDICALLY FRAGILE INDIVIDUAL DESIGNATION. | ||
The division shall develop a process for designating individuals | ||
who are included in the emergency assistance registry as medically | ||
fragile for the purposes of this chapter. | ||
Sec. 418.303. EMERGENCY ASSISTANCE REGISTRY ACCESS. The | ||
division shall authorize the following persons to access the | ||
emergency assistance registry to assist medically fragile | ||
individuals during an event described by Section 418.305: | ||
(1) the commission; | ||
(2) the department; | ||
(3) first responders; | ||
(4) local governments; and | ||
(5) local health departments. | ||
Sec. 418.304. REQUIRED WELLNESS CHECK. The division shall | ||
collaborate with the persons authorized to access the emergency | ||
assistance registry under Section 418.303 and with applicable | ||
municipalities and counties to ensure that a wellness check is | ||
conducted on each medically fragile individual listed in the | ||
emergency assistance registry and located in an area that | ||
experiences an event described by Section 418.305 to ensure the | ||
individual has: | ||
(1) continuity of care; and | ||
(2) the ability to continue using electrically powered | ||
medical equipment, if applicable. | ||
Sec. 418.305. EVENTS REQUIRING WELLNESS CHECKS. (a) The | ||
division, in collaboration with the commission and the department, | ||
shall adopt rules regarding which events require a wellness check, | ||
including: | ||
(1) an extended power, water, or gas outage; | ||
(2) a state of disaster declared under this chapter; | ||
or | ||
(3) any other event considered necessary by the | ||
commission, the department, or the division. | ||
(b) If more than one disaster is declared for the same | ||
event, or the same event qualifies as an event requiring a wellness | ||
check for multiple reasons under Subsection (a), only one wellness | ||
check is required to be conducted under this subchapter. | ||
Sec. 418.306. REQUIREMENTS FOR WELLNESS CHECK. (a) The | ||
division, in collaboration with the commission and the department, | ||
by rule shall develop minimum standards for conducting wellness | ||
checks. Each county and municipality shall adopt procedures for | ||
conducting wellness checks in compliance with the minimum | ||
standards. | ||
(b) A wellness check on a medically fragile individual under | ||
this subchapter must: | ||
(1) include: | ||
(A) an automated telephone call and text to the | ||
individual; | ||
(B) a personalized telephone call to the | ||
individual; and | ||
(C) if the individual is unresponsive to a | ||
telephone call under Paragraph (B), an in-person wellness check; | ||
and | ||
(2) be conducted in accordance with the minimum | ||
standards prescribed by division rule and the procedures of the | ||
applicable county or municipality. | ||
(c) A wellness check must be conducted as soon as | ||
practicable but not later than 24 hours after the event requiring a | ||
wellness check occurs. | ||
Sec. 418.307. RULES. The division, in collaboration with | ||
the commission and the department, shall adopt rules to implement | ||
this subchapter. | ||
SECTION 6. The heading to Subtitle D, Title 2, Health and | ||
Safety Code, is amended to read as follows: | ||
SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC | ||
HEALTH DISASTERS AND EMERGENCIES | ||
SECTION 7. The heading to Chapter 81, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC | ||
HEALTH EMERGENCIES | ||
SECTION 8. Section 81.003, Health and Safety Code, is | ||
amended by amending Subdivision (7) and adding Subdivision (7-a) to | ||
read as follows: | ||
(7) "Public health disaster" means: | ||
(A) a declaration by the governor of a state of | ||
disaster; and | ||
(B) a determination by the commissioner that | ||
there exists an immediate threat from a communicable disease, | ||
health condition, or chemical, biological, radiological, or | ||
electromagnetic exposure that: | ||
(i) poses a high risk of death or serious | ||
harm [ |
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(ii) creates a substantial risk of harmful | ||
public exposure [ |
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(7-a) "Public health emergency" means a determination | ||
by the commissioner, evidenced in an emergency order issued by the | ||
commissioner, that there exists an immediate threat from a | ||
communicable disease, health condition, or chemical, biological, | ||
radiological, or electromagnetic exposure that: | ||
(A) potentially poses a risk of death or severe | ||
illness or harm to the public; and | ||
(B) potentially creates a substantial risk of | ||
harmful exposure to the public. | ||
SECTION 9. The heading to Subchapter B, Chapter 81, Health | ||
and Safety Code, is amended to read as follows: | ||
SUBCHAPTER B. PREVENTION AND PREPAREDNESS | ||
SECTION 10. Section 81.044, Health and Safety Code, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) In this subsection, "cycle threshold value" means for | ||
a communicable disease test the number of thermal cycles required | ||
for the fluorescent signal to exceed that of the background and | ||
cross the threshold for a positive test. The executive | ||
commissioner shall require the reports of polymerase chain reaction | ||
tests from clinical or hospital laboratories to contain the cycle | ||
threshold values and their reference ranges. | ||
SECTION 11. Section 81.081, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 81.081. DEPARTMENT'S DUTY. The department is the | ||
preemptive authority for purposes of this chapter and shall | ||
coordinate statewide or regional efforts to protect public health. | ||
The department shall collaborate with local elected officials, | ||
including county and municipal officials, [ |
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SECTION 12. Subchapter E, Chapter 81, Health and Safety | ||
Code, is amended by adding Sections 81.0813, 81.0814, and 81.0815 | ||
to read as follows: | ||
Sec. 81.0813. AUTHORITY TO DECLARE PUBLIC HEALTH DISASTER | ||
OR ORDER PUBLIC HEALTH EMERGENCY. (a) The commissioner may declare | ||
a statewide or regional public health disaster or order a statewide | ||
or regional public health emergency if the commissioner determines | ||
an occurrence or threat to public health is imminent. The | ||
commissioner may declare a public health disaster only if the | ||
governor declares a state of disaster under Chapter 418, Government | ||
Code, for the occurrence or threat. | ||
(b) Except as provided by Subsection (c), a public health | ||
disaster or public health emergency continues until the governor or | ||
commissioner terminates the disaster or emergency on a finding | ||
that: | ||
(1) the threat or danger has passed; or | ||
(2) the disaster or emergency has been managed to the | ||
extent emergency conditions no longer exist. | ||
(c) A public health disaster or public health emergency | ||
expires on the 30th day after the date the disaster or emergency is | ||
declared or ordered by the commissioner. A public health disaster | ||
may only be renewed by the legislature or by the commissioner with | ||
the approval of a designated legislative oversight board that has | ||
been granted authority under a statute enacted by the legislature | ||
to approve the renewal of a public health disaster declaration. | ||
Each renewal period may not exceed 30 days. | ||
(d) A declaration or order issued under this section must | ||
include: | ||
(1) a description of the nature of the disaster or | ||
emergency; | ||
(2) a designation of the area threatened by the | ||
disaster or emergency; | ||
(3) a description of the condition that created the | ||
disaster or emergency; and | ||
(4) if applicable: | ||
(A) the reason for renewing the disaster or | ||
emergency; or | ||
(B) the reason for terminating the disaster or | ||
emergency. | ||
(e) A declaration or order issued under this section must be | ||
disseminated promptly by means intended to bring its contents to | ||
the public's attention. A statewide or regional declaration or | ||
order shall be filed promptly with the office of the governor and | ||
the secretary of state. A regional declaration or order shall be | ||
filed with the county clerk or municipal secretary in each area to | ||
which it applies, unless the circumstances attendant on the | ||
disaster or emergency prevent or impede the filing. | ||
Sec. 81.0814. CONSULTATION WITH TASK FORCE ON INFECTIOUS | ||
DISEASE PREPAREDNESS AND RESPONSE. After declaring a public health | ||
disaster or ordering a public health emergency, the commissioner | ||
shall consult with the Task Force on Infectious Disease | ||
Preparedness and Response, including any subcommittee the task | ||
force forms to aid in the rapid assessment of response efforts. | ||
Sec. 81.0815. FAILURE TO REPORT; CIVIL PENALTY. (a) A | ||
health care facility that fails to submit a report required by the | ||
department under a public health disaster is liable to this state | ||
for a civil penalty of not more than $1,000 for each failure. | ||
(b) The attorney general at the request of the department | ||
may bring an action to collect a civil penalty imposed under this | ||
section. | ||
SECTION 13. Sections 161.00705(a) and (c), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) The department shall maintain a registry of persons who | ||
receive an immunization or[ |
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administered to prepare for a potential disaster, public health | ||
disaster [ |
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paramilitary action, or extraordinary law enforcement emergency or | ||
in response to a declared disaster, public health disaster | ||
[ |
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action, or extraordinary law enforcement emergency. A health care | ||
provider who administers an immunization or[ |
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the request and with the authorization of the health care provider, | ||
the data elements may be provided through a health information | ||
exchange as defined by Section 182.151. | ||
(c) The department shall track adverse reactions to an | ||
immunization or[ |
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to prepare for a potential disaster, public health disaster | ||
[ |
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action, or extraordinary law enforcement emergency or in response | ||
to a declared disaster, public health disaster [ |
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terrorist attack, hostile military or paramilitary action, or | ||
extraordinary law enforcement emergency. A health care provider | ||
who administers an immunization or[ |
||
department. | ||
SECTION 14. Subchapter A, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.0085 to read as follows: | ||
Sec. 161.0085. COVID-19 VACCINE PASSPORTS PROHIBITED. (a) | ||
In this section, "COVID-19" means the 2019 novel coronavirus | ||
disease. | ||
(b) A governmental entity in this state may not issue a | ||
vaccine passport, vaccine pass, or other standardized | ||
documentation to certify an individual's COVID-19 vaccination | ||
status to a third party for a purpose other than health care or | ||
otherwise publish or share any individual's COVID-19 immunization | ||
record or similar health information for a purpose other than | ||
health care. | ||
(c) A business in this state may not require a customer to | ||
provide any documentation certifying the customer's COVID-19 | ||
vaccination or post-transmission recovery on entry to, to gain | ||
access to, or to receive service from the business. A business that | ||
fails to comply with this subsection is not eligible to receive a | ||
grant or enter into a contract payable with state funds. | ||
(d) Notwithstanding any other law, each appropriate state | ||
agency shall ensure that businesses in this state comply with | ||
Subsection (c) and may require compliance with that subsection as a | ||
condition for a license, permit, or other state authorization | ||
necessary for conducting business in this state. | ||
(e) This section may not be construed to: | ||
(1) restrict a business from implementing COVID-19 | ||
screening and infection control protocols in accordance with state | ||
and federal law to protect public health; or | ||
(2) interfere with an individual's right to access the | ||
individual's personal health information under federal law. | ||
SECTION 15. Subchapter C, Chapter 1001, Health and Safety | ||
Code, is amended by adding Section 1001.0515 to read as follows: | ||
Sec. 1001.0515. OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a) | ||
The commissioner shall: | ||
(1) establish an Office of Chief State Epidemiologist | ||
within the department to provide expertise in public health | ||
activities and policy in this state by: | ||
(A) evaluating epidemiologic, medical, and | ||
health care information; and | ||
(B) identifying pertinent research and | ||
evidence-based best practices; and | ||
(2) appoint a physician licensed to practice medicine | ||
in this state as the chief state epidemiologist to administer the | ||
Office of Chief State Epidemiologist. | ||
(b) The chief state epidemiologist must: | ||
(1) be board certified in a medical specialty; and | ||
(2) have significant experience in public health and | ||
an advanced degree in public health, epidemiology, or a related | ||
field. | ||
(c) The chief state epidemiologist serves as: | ||
(1) the department expert on epidemiological matters | ||
and on communicable and noncommunicable diseases; and | ||
(2) the department's senior science representative and | ||
primary contact for the Centers for Disease Control and Prevention | ||
and other federal agencies related to epidemiologic science and | ||
disease surveillance. | ||
(d) The chief state epidemiologist may provide professional | ||
and scientific consultation regarding epidemiology and disease | ||
control, harmful exposure, and injury prevention to state agencies, | ||
health facilities, health service regions, local health | ||
authorities, local health departments, and other entities. | ||
(e) Notwithstanding any other law, the chief state | ||
epidemiologist may access information from the department to | ||
implement duties of the epidemiologist's office. Reports, records, | ||
and information provided to the Office of Chief State | ||
Epidemiologist that relate to an epidemiologic or toxicologic | ||
investigation of human illness or conditions and of environmental | ||
exposure that are harmful or believed to be harmful to the public | ||
health are confidential and not subject to disclosure under Chapter | ||
552, Government Code, and may not be released or made public on | ||
subpoena or otherwise, except for statistical purposes if released | ||
in a manner that prevents identification of any person. | ||
SECTION 16. Section 1001.089(a)(2), Health and Safety Code, | ||
is amended to read as follows: | ||
(2) "Local public health entity" means a local health | ||
authority, local health unit, local health department, or public | ||
health district. | ||
SECTION 17. Section 81.082(e), Health and Safety Code, is | ||
repealed. | ||
SECTION 18. (a) In this section, "council" means the | ||
Preparedness Coordinating Council advisory committee established | ||
by the Health and Human Services Commission under Section 1001.035, | ||
Health and Safety Code, for the Department of State Health | ||
Services. | ||
(b) In coordination with the emergency management council | ||
established by the governor under Section 418.013, Government Code, | ||
the council shall conduct a study on this state's response to the | ||
2019 novel coronavirus disease. The council shall examine the | ||
roles of the Department of State Health Services, the Health and | ||
Human Services Commission, and the Texas Division of Emergency | ||
Management relating to public health disaster and emergency | ||
planning and response efforts and determine the efficacy of the | ||
state emergency operations plan in appropriately identifying | ||
agency responsibilities. The council may collaborate with an | ||
institution of higher education in this state to conduct the study. | ||
(c) Not later than nine months after the date the declared | ||
public health disaster related to the 2019 novel coronavirus | ||
disease is terminated, or September 1, 2023, whichever is earlier, | ||
the council shall prepare and submit a written report to the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, and the members of the legislature on the results | ||
of the study conducted under Subsection (b) of this section. The | ||
report must include recommendations for legislative improvements | ||
for public health disaster and public health emergency response and | ||
preparedness. | ||
(d) This section expires September 1, 2023. | ||
SECTION 19. Section 418.0125, Government Code, as added by | ||
this Act, applies only to an order issued or regulation adopted on | ||
or after the effective date of this Act. | ||
SECTION 20. As soon as practicable, but not later than | ||
August 31, 2022, the Department of State Health Services shall | ||
implement the disease prevention information system as required by | ||
Section 418.1861, Government Code, as added by this Act. | ||
SECTION 21. As soon as practicable after the effective date | ||
of this Act, the Texas Division of Emergency Management shall adopt | ||
the rules necessary to implement Subchapter J, Chapter 418, | ||
Government Code, as added by this Act. | ||
SECTION 22. (a) The Department of State Health Services | ||
and the Preparedness Coordinating Council advisory committee are | ||
required to implement this Act only if the legislature appropriates | ||
money specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the department and | ||
council may, but are not required to, implement this Act using other | ||
appropriations available for that purpose. | ||
(b) The Department of State Health Services shall use any | ||
available federal money to implement this Act. | ||
SECTION 23. 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. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 968 passed the Senate on | ||
April 21, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 30, 2021, by the | ||
following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 968 passed the House, with | ||
amendments, on May 26, 2021, by the following vote: Yeas 146, | ||
Nays 2, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |