By Black H.B. No. 2778
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility of certain officers and employees of the
1-3 state for coverage under certain group insurance plans.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(a)(5)(A), Texas Employees Uniform Group
1-6 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
1-7 Code), as amended by Chapter 242, Acts of the 72nd Legislature,
1-8 Regular Session, 1991, is amended to read as follows:
1-9 (A) "Employee" shall mean any appointive or
1-10 elective state officer or employee in the service of the State of
1-11 Texas, including an officer or employee of an institution of higher
1-12 education:
1-13 (i) who is retired or retires and is an
1-14 annuitant under the jurisdiction of the Employees Retirement System
1-15 of Texas, pursuant to Subtitle B, D, or E, or Chapter 803, Title 8,
1-16 Government Code, who is retired or retires and is an annuitant
1-17 under the jurisdiction of the Teacher Retirement System of Texas,
1-18 pursuant to Subtitle C, Title 8, Government Code, whose last
1-19 employment with the state prior to retirement was as an employee of
1-20 the Teacher Retirement System of Texas, school districts
1-21 established within state eleemosynary institutions, the Texas
1-22 Rehabilitation Commission, the Central Education Agency, the Texas
1-23 Higher Education Coordinating Board, or an institution of higher
2-1 education, or who is retired or retires and is an annuitant under
2-2 the optional retirement program established by Chapter 830,
2-3 Government Code, if the person's last state employment before
2-4 retirement, including employment by a public community/junior
2-5 college, was as an officer or employee of the Texas Higher
2-6 Education Coordinating Board, or an institution of higher
2-7 education, and if the person either:
2-8 (a) would have been eligible to
2-9 retire and receive a service retirement annuity from the Teacher
2-10 Retirement System of Texas had the person not elected to
2-11 participate in the optional retirement program; or
2-12 (b) is disabled;
2-13 (ii) who receives his compensation for
2-14 services rendered to the State of Texas on a warrant issued
2-15 pursuant to a payroll certified by a department or by an elected or
2-16 duly appointed officer of this state;
2-17 (iii) who receives payment for the
2-18 performance of personal services on a warrant issued pursuant to a
2-19 payroll certified by a department and drawn by the State
2-20 Comptroller of Public Accounts upon the State Treasurer against
2-21 appropriations made by the Texas Legislature from any state funds
2-22 or against any trust funds held by the State Treasurer or who is
2-23 paid from funds of an official budget of a state department, rather
2-24 than from funds of the General Appropriations Act;
2-25 (iv) who is appointed, subject to
3-1 confirmation of the senate, as a member of a board or commission
3-2 with administrative responsibility over a statutory agency having
3-3 statewide jurisdiction whose employees are covered by this Act;
3-4 (v) who receives compensation for services
3-5 rendered to an institution of higher education on a warrant or
3-6 check issued pursuant to a payroll certified by an institution of
3-7 higher education or by an elected or duly appointed officer of this
3-8 state, and who is eligible for participation in the Teacher
3-9 Retirement System of Texas; <or>
3-10 (vi) who receives compensation for
3-11 services rendered to an institution of higher education as provided
3-12 by this subdivision but is not permitted to be a member of the
3-13 Teacher Retirement System of Texas because the person is solely
3-14 employed by an institution of higher education that as a condition
3-15 of employment requires the person to be enrolled as a student in an
3-16 institution of higher education in graduate-level courses and who
3-17 is employed by the institution at least 20 hours a week;
3-18 (vii) who serves as a member of the
3-19 governing board of an institution of higher education; or
3-20 (viii) who formerly served as a member of
3-21 the governing board of an institution of higher education and was
3-22 enrolled and participating on September 1, 1992, in coverage under
3-23 this Act.
3-24 SECTION 2. The Texas Employees Uniform Group Insurance
3-25 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
4-1 amended by adding Section 14B to read as follows:
4-2 Sec. 14B. PREMIUM PAYMENTS BY MEMBERS OF GOVERNING BOARD OF
4-3 INSTITUTION OF HIGHER EDUCATION. (a) An active or former member
4-4 of the governing board of an institution of higher education is
4-5 entitled to receive coverage under this Act only if that member
4-6 pays all premium costs related to that coverage.
4-7 (b) The trustee may adopt rules as necessary to implement
4-8 this section.
4-9 SECTION 3. Section 3(a)(4)(A), Texas State College and
4-10 University Employees Uniform Insurance Benefits Act (Article
4-11 3.50-3, Vernon's Texas Insurance Code), is amended to read as
4-12 follows:
4-13 (A) "Employee" means a member of the governing
4-14 board of an institution or <shall mean> any person employed by a
4-15 governing board of an institution:
4-16 (i) who retires under the provisions cited
4-17 in Subsection (a)(2) of this section;
4-18 (ii) who receives his compensation for
4-19 services rendered to an institution on a warrant or check issued
4-20 pursuant to a payroll certified by an institution or by an elected
4-21 or duly appointed officer of this state, and who is eligible for
4-22 participation in the Teacher Retirement System of Texas; <or>
4-23 (iii) who receives his compensation for
4-24 services rendered as provided in this subdivision but is not
4-25 permitted to be a member of the Teacher Retirement System of Texas
5-1 because he is solely employed by an institution of higher education
5-2 that as a condition of employment requires the employee to be
5-3 enrolled as a student in the institution in graduate-level courses
5-4 and who is employed at least 20 hours a week;
5-5 (iv) who serves as a member of the
5-6 governing board of an institution of higher education; or
5-7 (v) who formerly served as a member of the
5-8 governing board of an institution of higher education and was
5-9 enrolled and participating on September 1, 1992, in coverage under
5-10 this Act.
5-11 SECTION 4. The Texas State College and University Employees
5-12 Uniform Insurance Benefits Act (Article 3.50-3, Vernon's Texas
5-13 Insurance Code) is amended by adding Section 11A to read as
5-14 follows:
5-15 Sec. 11A. PREMIUM PAYMENTS BY MEMBERS OF GOVERNING BOARD OF
5-16 INSTITUTION OF HIGHER EDUCATION. (a) An active or former member
5-17 of the governing board of an institution of higher education is
5-18 entitled to receive coverage under this Act only if that member
5-19 pays all premium costs related to that coverage.
5-20 (b) Each institution may adopt rules as necessary to
5-21 implement this section.
5-22 SECTION 5. This Act takes effect September 1, 1993, and
5-23 applies only to a group life, accident, or health insurance plan
5-24 that is delivered, issued for delivery, or renewed under the Texas
5-25 Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
6-1 Vernon's Texas Insurance Code) or the Texas State College and
6-2 University Employees Uniform Insurance Benefits Act (Article
6-3 3.50-3, Vernon's Texas Insurance Code), on or after January 1,
6-4 1994. A plan that is delivered, issued for delivery, or renewed
6-5 before January 1, 1994, is governed by the law as it existed
6-6 immediately before the effective date of this Act, and that law is
6-7 continued in effect for that purpose.
6-8 SECTION 6. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.