By Uher                                         H.B. No. 2097

      75R7537 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to risk pools established by political subdivisions to

 1-3     provide health and accident coverage.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 172, Local Government Code, is amended by

 1-6     adding Section 172.0055 to read as follows:

 1-7           Sec. 172.0055.  BENEFITS AND COVERAGE; NOTICE OF CHANGE.  A

 1-8     change to a benefit or coverage provided through a risk pool to an

 1-9     individual under this chapter may not take effect until the 60th

1-10     day after the earlier of the date that written notice of the change

1-11     is:

1-12                 (1)  delivered to the individual; or

1-13                 (2)  mailed to the individual at the individual's

1-14     address as shown on the records of the risk pool.

1-15           SECTION 2.  Section 172.006(b), Local Government Code, is

1-16     amended to read as follows:

1-17           (b)  A pool may be administered by a staff employed by the

1-18     pool, an entity created by the political subdivision or group of

1-19     political subdivisions participating in the pool, or a third party

1-20     administrator.  The individual responsible for administration of

1-21     the pool, whether employed by the pool, an entity created by the

1-22     political subdivision or a group of political subdivisions

1-23     participating in the pool, or a third party administrator:

1-24                 (1)  must hold a bachelor's degree in a field relating

 2-1     to insurance or finance or hold the professional designation of:

 2-2                       (A)  Chartered Property Casualty Underwriter

 2-3     granted by the American Institute for Property and Liability

 2-4     Underwriters;

 2-5                       (B)  Certified Insurance Counselor granted by the

 2-6     Society of Certified Insurance Counselors; or

 2-7                       (C)  Associate in Risk Management granted by the

 2-8     Insurance Institute of America;

 2-9                 (2)  must have at least 10 years experience in

2-10     administration of risk pools, commercial insurance, or risk

2-11     management; and

2-12                 (3)  during each calendar year, shall participate in a

2-13     minimum of 20 hours of continuing education that:

2-14                       (A)  is acceptable to the trustees of the risk

2-15     pool; and

2-16                       (B)  relates to professional insurance, risk

2-17     management, or administration of risk pools.

2-18           SECTION 3.  This Act applies only to coverage provided by a

2-19     risk pool under a contract that is entered into or renewed or a

2-20     policy or evidence of coverage that is delivered, issued for

2-21     delivery, or renewed on or after January 1, 1998.  A contract that

2-22     is entered into or renewed or a policy that is delivered, issued

2-23     for delivery, or renewed before January 1, 1998, is governed by the

2-24     law as it existed immediately before the effective date of this

2-25     Act, and that law is continued in effect for this purpose.

2-26           SECTION 4.  (a)  An individual responsible for administration

2-27     of a risk pool under Section 172.006, Local Government Code, is not

 3-1     required to satisfy the requirements of Sections 172.006(b)(1) and

 3-2     (2), Local Government Code, as added by this Act, before January 1,

 3-3     1998, or the requirements of Section 172.006(b)(3), Local

 3-4     Government Code, as added by this Act, before December 31, 1998.

 3-5           (b)  The change in law made by this Act to Section

 3-6     172.006(b), Local Government Code, applies only to the

 3-7     qualifications of an individual who is  responsible for

 3-8     administration of a risk pool under a contract entered into or

 3-9     renewed on or after the effective date of this Act.  The

3-10     qualifications of an individual who is  responsible for

3-11     administration of a risk pool under a contract entered into or

3-12     renewed before the effective date of this Act is governed by the

3-13     law as it existed immediately before the effective date of this Act

3-14     and that law is continued in effect for this purpose.

3-15           SECTION 5.  This Act takes effect September 1, 1997.

3-16           SECTION 6.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.