S.B. No. 2124
 
 
 
 
AN ACT
  relating to the authority of a health benefit plan sponsor to
  consent to electronic delivery of certain communications on behalf
  of a party enrolled in the plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 35.001, Insurance Code, is amended by
  adding Subdivision (4-a) to read as follows:
               (4-a)  "Plan sponsor" means a person, other than a
  regulated entity, who establishes, adopts, or maintains a health
  benefit plan, including a vision or dental benefit plan, that
  covers residents of this state, including a plan established,
  adopted, or maintained by an employer or jointly by an employer and
  one or more employee organizations, an association, a committee, a
  joint board of trustees, or any similar group of representatives
  who establish, adopt, or maintain a plan.
         SECTION 2.  Chapter 35, Insurance Code, is amended by adding
  Section 35.0041 to read as follows:
         Sec. 35.0041.  CONSENT TO ELECTRONIC DELIVERY BY PLAN
  SPONSOR. (a) The plan sponsor of a health benefit plan, including
  a vision or dental benefit plan, may, on behalf of a party enrolled
  in the plan, give the consent required by Section 35.004(c)(1).
         (b)  Before consenting on behalf of a party, a plan sponsor
  must:
               (1)  provide the party with the statements required by
  Sections 35.004(c)(2) and (c)(3)(A);
               (2)  confirm that the party routinely uses electronic
  communications during the normal course of employment; and
               (3)  provide the party an opportunity to opt out of
  delivery by electronic means.
         SECTION 3.  The change in law made by this Act applies only
  to a health benefit plan delivered, issued for delivery, or renewed
  on or after January 1, 2022.
         SECTION 4.  This Act takes effect September 1, 2021.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2124 passed the Senate on
  April 29, 2021, by the following vote:  Yeas 30, Nays 1;            
  May 27, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2021, House
  granted request of the Senate; May 30, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2124 passed the House, with
  amendments, on May 24, 2021, by the following vote:  Yeas 146,
  Nays 0, one present not voting; May 28, 2021, House granted request
  of the Senate for appointment of Conference Committee;                
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 141, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor