By Black H.B. No. 2778
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for coverage under the Texas Employees
1-3 Uniform Group Insurance Benefits Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 3.50-2, Sec. 5(A), Chapter 242,
1-6 Subsection 11.113, Acts of the 72nd Legislature, Vernon's Texas
1-7 Civil Statutes, is amended to read as follows:
1-8 (5)(A) "Employee" shall mean any appointive or elective
1-9 state officer <or>, employee, or board member of an institution in
1-10 the service of the State of Texas, including an employee of an
1-11 institution of higher education and also including an active or
1-12 former board member of an institution of higher education, which
1-13 term shall for the purposes of this section (5)(A) include a public
1-14 community/junior college.
1-15 (i) who is retired or retires and is an annuitant
1-16 under the jurisdiction of the Employees Retirement System of Texas,
1-17 pursuant to Subtitle B, D, or E, or Chapter 803, Title 8,
1-18 Government Code, who is retired or retires and is an annuitant
1-19 under the jurisdiction of the Teacher Retirement System of Texas,
1-20 pursuant to Subtitle C, Title 8, Government Code, whose last
1-21 employment with the state prior to retirement was as an employee of
1-22 the Teacher Retirement System of Texas, school districts
1-23 established within state eleemosynary institutions, the Texas
2-1 Rehabilitation Commission, the Central Education Agency, the Texas
2-2 Higher Education Coordinating Board, or an institution of higher
2-3 education, or who is retired or retires and is an annuitant under
2-4 the optional retirement program established by Chapter 830,
2-5 Government Code, if the person's last state employment before
2-6 retirement, including employment by a public community/junior
2-7 college, was as an officer or employee of the Texas Higher
2-8 Education Coordinating Board, or an institution of higher
2-9 education, and if the person either:
2-10 (a) would have been eligible to retire and
2-11 receive a service retirement annuity from the Teacher Retirement
2-12 System of Texas had the person not elected to participate in the
2-13 optional retirement program; or
2-14 (b) is disabled;
2-15 (ii) who receives his compensation for services
2-16 rendered to the State of Texas on a warrant issued pursuant to a
2-17 payroll certified by a department or by an elected or duly
2-18 appointed officer of this state;
2-19 (iii) who receives payment for the performance of
2-20 personal services on a warrant issued pursuant to a payroll
2-21 certified by a department and drawn by the State Comptroller of
2-22 Public Accounts upon the State Treasurer against appropriations
2-23 made by the Texas Legislature from any state funds or against any
2-24 trust funds held by the State Treasurer or who is paid from funds
2-25 of an official budget of a state department, rather than from funds
3-1 of the General Appropriations Act;
3-2 (iv) who is appointed, subject to confirmation of the
3-3 senate, as a member of a board or commission with administrative
3-4 responsibility over a statutory agency having statewide
3-5 jurisdiction whose employees are covered by this Act;
3-6 (v) who receives compensation for services rendered to
3-7 an institution of higher education on a warrant or check issued
3-8 pursuant to a payroll certified by an institution of higher
3-9 education or by an elected or duly appointed officer of this state,
3-10 and who is eligible for participation in the Teacher Retirement
3-11 System of Texas; or
3-12 (vi) who receives compensation for services rendered
3-13 to an institution of higher education as provided by this
3-14 subdivision but is not permitted to be a member of the Teacher
3-15 Retirement System of Texas because the person is solely employed by
3-16 an institution of higher education that as a condition of
3-17 employment requires the person to be enrolled as a student in an
3-18 institution of higher education in graduate-level courses and who
3-19 is employed by the institution at least 20 hours a week.
3-20 (vii) who serves or has served upon the governing
3-21 board of an institution of higher education, provided that an
3-22 individual participating in coverage provided pursuant to the Texas
3-23 Employees Uniform Group Insurance Benefits Act as provided by this
3-24 subsection (vii) shall be required to contribute in the manner
3-25 directed by the Employees Retirement System of Texas, the entire
4-1 amount of money required to pay the premium incurred by such
4-2 participation.
4-3 (B) Persons performing personal services for the State of
4-4 Texas or for an institution of higher education as independent
4-5 contractors shall never be considered employees of the state for
4-6 purposes of this Act.
4-7 SECTION 2. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended,
4-12 and that this Act take effect and be in force from and after its
4-13 passage, and it is so enacted.