1-1 By: Uher (Senate Sponsor - Armbrister) H.B. No. 723
1-2 (In the Senate - Received from the House April 21, 1993;
1-3 April 21, 1993, read first time and referred to Committee on
1-4 Education; May 6, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 May 6, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 723 By: Shapiro
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to college and university officer and employee insurance
1-24 benefits.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 3(a)(5)(A), Texas Employees Uniform Group
1-27 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
1-28 Code), as amended by Chapter 242, Acts of the 72nd Legislature,
1-29 Regular Session, 1991, is amended to read as follows:
1-30 (A) "Employee" shall mean any appointive or
1-31 elective state officer or employee in the service of the State of
1-32 Texas, including an officer or employee of an institution of higher
1-33 education:
1-34 (i) who is retired or retires and is an
1-35 annuitant under the jurisdiction of the Employees Retirement System
1-36 of Texas, pursuant to Subtitle B, D, or E, or Chapter 803, Title 8,
1-37 Government Code, who is retired or retires and is an annuitant
1-38 under the jurisdiction of the Teacher Retirement System of Texas,
1-39 pursuant to Subtitle C, Title 8, Government Code, whose last
1-40 employment with the state prior to retirement was as an employee of
1-41 the Teacher Retirement System of Texas, school districts
1-42 established within state eleemosynary institutions, the Texas
1-43 Rehabilitation Commission, the Central Education Agency, the Texas
1-44 Higher Education Coordinating Board, or an institution of higher
1-45 education, or who is retired or retires and is an annuitant under
1-46 the optional retirement program established by Chapter 830,
1-47 Government Code, if the person's last state employment before
1-48 retirement, including employment by a public community/junior
1-49 college, was as an officer or employee of the Texas Higher
1-50 Education Coordinating Board, or an institution of higher
1-51 education, and if the person either:
1-52 (a) would have been eligible to
1-53 retire and receive a service retirement annuity from the Teacher
1-54 Retirement System of Texas had the person not elected to
1-55 participate in the optional retirement program; or
1-56 (b) is disabled;
1-57 (ii) who receives his compensation for
1-58 services rendered to the State of Texas on a warrant issued
1-59 pursuant to a payroll certified by a department or by an elected or
1-60 duly appointed officer of this state;
1-61 (iii) who receives payment for the
1-62 performance of personal services on a warrant issued pursuant to a
1-63 payroll certified by a department and drawn by the State
1-64 Comptroller of Public Accounts upon the State Treasurer against
1-65 appropriations made by the Texas Legislature from any state funds
1-66 or against any trust funds held by the State Treasurer or who is
1-67 paid from funds of an official budget of a state department, rather
1-68 than from funds of the General Appropriations Act;
2-1 (iv) who is appointed, subject to
2-2 confirmation of the senate, as a member of a board or commission
2-3 with administrative responsibility over a statutory agency having
2-4 statewide jurisdiction whose employees are covered by this Act;
2-5 (v) who receives compensation for services
2-6 rendered to an institution of higher education on a warrant or
2-7 check issued pursuant to a payroll certified by an institution of
2-8 higher education or by an elected or duly appointed officer of this
2-9 state, and who is eligible for participation in the Teacher
2-10 Retirement System of Texas; <or>
2-11 (vi) who receives compensation for
2-12 services rendered to an institution of higher education as provided
2-13 by this subdivision but is not permitted to be a member of the
2-14 Teacher Retirement System of Texas because the person is solely
2-15 employed by an institution of higher education that as a condition
2-16 of employment requires the person to be enrolled as a student in an
2-17 institution of higher education in graduate-level courses and who
2-18 is employed by the institution at least 20 hours a week; or
2-19 (vii) who serves as a member of the
2-20 governing board of an institution of higher education.
2-21 SECTION 2. The Texas Employees Uniform Group Insurance
2-22 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
2-23 amended by adding Section 14B to read as follows:
2-24 Sec. 14B. PREMIUM PAYMENTS BY MEMBERS OF GOVERNING BOARD OF
2-25 INSTITUTION OF HIGHER EDUCATION. (a) An active member of the
2-26 governing board of an institution of higher education is entitled
2-27 to receive coverage under this Act only if that member pays all
2-28 premium costs related to that coverage.
2-29 (b) The trustee may adopt rules as necessary to implement
2-30 this section.
2-31 SECTION 3. Section 3(a)(4)(A), Texas State College and
2-32 University Employees Uniform Insurance Benefits Act (Article
2-33 3.50-3, Vernon's Texas Insurance Code), is amended to read as
2-34 follows:
2-35 (A) "Employee" means a member of the governing
2-36 board of an institution or <shall mean> any person employed by a
2-37 governing board of an institution:
2-38 (i) who retires under the provisions cited
2-39 in Subsection (a)(2) of this section;
2-40 (ii) who receives his compensation for
2-41 services rendered to an institution on a warrant or check issued
2-42 pursuant to a payroll certified by an institution or by an elected
2-43 or duly appointed officer of this state, and who is eligible for
2-44 participation in the Teacher Retirement System of Texas; <or>
2-45 (iii) who receives his compensation for
2-46 services rendered as provided in this subdivision but is not
2-47 permitted to be a member of the Teacher Retirement System of Texas
2-48 because he is solely employed by an institution of higher education
2-49 that as a condition of employment requires the employee to be
2-50 enrolled as a student in the institution in graduate-level courses
2-51 and who is employed at least 20 hours a week; or
2-52 (iv) who serves as a member of the
2-53 governing board of an institution of higher education.
2-54 SECTION 4. The Texas State College and University Employees
2-55 Uniform Insurance Benefits Act (Article 3.50-3, Vernon's Texas
2-56 Insurance Code) is amended by adding Section 11A to read as
2-57 follows:
2-58 Sec. 11A. PREMIUM PAYMENTS BY MEMBERS OF GOVERNING BOARD OF
2-59 INSTITUTION OF HIGHER EDUCATION. (a) An active member of the
2-60 governing board of an institution of higher education is entitled
2-61 to receive coverage under this Act only if that member pays all
2-62 premium costs related to that coverage.
2-63 (b) Each institution may adopt rules as necessary to
2-64 implement this section.
2-65 SECTION 5. This Act takes effect September 1, 1993, and
2-66 applies only to a group life, accident, or health insurance plan
2-67 that is delivered, issued for delivery, or renewed under the Texas
2-68 Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
2-69 Vernon's Texas Insurance Code) or the Texas State College and
2-70 University Employees Uniform Insurance Benefits Act (Article
3-1 3.50-3, Vernon's Texas Insurance Code), on or after January 1,
3-2 1994. A plan that is delivered, issued for delivery, or renewed
3-3 before January 1, 1994, is governed by the law as it existed
3-4 immediately before the effective date of this Act, and that law is
3-5 continued in effect for that purpose.
3-6 SECTION 6. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.
3-11 * * * * *
3-12 Austin,
3-13 Texas
3-14 May 6, 1993
3-15 Hon. Bob Bullock
3-16 President of the Senate
3-17 Sir:
3-18 We, your Committee on Education to which was referred H.B. No. 723,
3-19 have had the same under consideration, and I am instructed to
3-20 report it back to the Senate with the recommendation that it do not
3-21 pass, but that the Committee Substitute adopted in lieu thereof do
3-22 pass and be printed.
3-23 Ratliff,
3-24 Chairman
3-25 * * * * *
3-26 WITNESSES
3-27 FOR AGAINST ON
3-28 ___________________________________________________________________
3-29 Name: Bill Presnal x
3-30 Representing: Texas A&M Univ System Bd of Reg.
3-31 City: College Station
3-32 -------------------------------------------------------------------