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AN ACT
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relating to health care benefits of persons wrongfully imprisoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 103.001(d), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(d) Subject to this section, a person entitled to |
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compensation under Subsection (a) is also eligible to obtain group |
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health benefit plan coverage through the Texas Department of |
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Criminal Justice as if the person were an employee of the |
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department. The [This subsection does not entitle the] person's |
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spouse and dependents may be included in the person's [or other |
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dependent or family member to group health benefit plan] coverage |
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as if the person were an employee of the department. Coverage may |
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be obtained under this subsection for a period of time equal to the |
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total period the claimant served for the crime for which the |
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claimant was wrongfully imprisoned, including any period during |
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which the claimant was released on parole or to mandatory |
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supervision or required to register under Chapter 62, Code of |
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Criminal Procedure. A person who elects to obtain coverage under |
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this subsection shall pay a monthly contribution equal to the total |
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amount of the monthly contributions for that coverage for an |
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employee of the department. |
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SECTION 2. Section 1551.115, Insurance Code, is amended to |
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read as follows: |
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Sec. 1551.115. PARTICIPATION BY WRONGFULLY IMPRISONED |
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PERSONS. Subject to Section 103.001, Civil Practice and Remedies |
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Code, a person who is entitled to compensation under Chapter 103, |
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Civil Practice and Remedies Code, is eligible to obtain health |
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benefit plan coverage under the group benefits program in the |
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manner and to the extent that an employee of the Texas Department of |
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Criminal Justice would be entitled to coverage. The person's spouse |
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and dependents may be included in the person's coverage as if the |
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person were an employee of the Texas Department of Criminal |
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Justice[, except that this section does not entitle the person's |
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spouse or other dependent or family member to coverage]. |
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SECTION 3. A person who, before the effective date of this |
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Act, obtained group health benefit plan coverage under Section |
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103.001(d), Civil Practice and Remedies Code, and Section 1551.115, |
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Insurance Code, as those laws existed before the effective date of |
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this Act, may elect to include the person's spouse and dependents in |
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the person's coverage as provided by Section 103.001(d), Civil |
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Practice and Remedies Code, and Section 1551.115, Insurance Code, |
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as amended by this Act. An election under this section must be |
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made: |
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(1) not later than March 1, 2024; or |
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(2) during any subsequent open enrollment period |
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applicable to employees of the Texas Department of Criminal |
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Justice. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1455 was passed by the House on May 1, |
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2023, by the following vote: Yeas 119, Nays 24, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1455 was passed by the Senate on May |
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15, 2023, by the following vote: Yeas 21, Nays 10. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |