By Truan                                              S.B. No. 1921

         75R10090 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation, operation, and funding of a long-term

 1-3     care insurance education program.

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

 1-5           SECTION 1.  Title 9, Human Resources Code, is amended by

 1-6     adding Chapter 133  to read as follows:

 1-7          CHAPTER 133.  LONG-TERM CARE INSURANCE EDUCATION PROGRAM

 1-8           Sec. 133.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Board" means the Texas Board of Human Services.

1-10                 (2)  "Commissioner" means the commissioner of human

1-11     services.

1-12                 (3)  "Department" means the Texas Department of Human

1-13     Services.

1-14                 (4)  "Long-term care insurance" means insurance

1-15     provided under a long-term care insurance policy as defined by

1-16     Article 3.70-12, Insurance Code.

1-17                 (5)  "Program" means the long-term care insurance

1-18     education program established under this chapter.

1-19           Sec. 133.002.  LONG-TERM CARE INSURANCE EDUCATION PROGRAM.

1-20     (a)  The long-term care insurance program is a program within the

1-21     department.

1-22           (b)  The commissioner shall administer and implement the

1-23     program in accordance with this article and the rules adopted by

1-24     the board.

 2-1           (c)  The board may adopt rules necessary to administer and

 2-2     implement this chapter.

 2-3           (d)  The commissioner may employ or contract with any person

 2-4     as necessary to administer and implement this chapter.

 2-5           Sec. 133.003.  PURPOSE OF PROGRAM.  The purpose of the

 2-6     program is to educate the public on long-term care insurance,

 2-7     including the dissemination of information relating to the purchase

 2-8     and content of long-term care insurance policies approved for sale

 2-9     in this state.

2-10           Sec. 133.004.  PUBLIC EDUCATION PLAN.  (a)  Under the

2-11     direction of the commissioner, the department shall develop a

2-12     comprehensive plan to educate the public in the evaluation and

2-13     purchase of long-term care insurance.  The plan is subject to the

2-14     approval of the board and may be amended by the board on the

2-15     recommendation of the commissioner or the staff of the program.

2-16           (b)  The plan must include:

2-17                 (1)  a detailed description of the mechanisms to be

2-18     used to educate the public with respect to long-term care

2-19     insurance, including the development of:

2-20                       (A)  written material and advertising as

2-21     described by Section 133.005;

2-22                       (B)  a speakers program as described by Section

2-23     133.006; and

2-24                       (C)  a toll-free telephone number as described by

2-25     Section 133.007;

2-26                 (2)  procedures governing the development and operation

2-27     of the program; and

 3-1                 (3)  any other procedures necessary to effectively

 3-2     implement the program.

 3-3           Sec. 133.005.  PUBLICATIONS AND ADVERTISING.  (a)  The

 3-4     department may develop, issue, and circulate to the public written

 3-5     material that provides information relating to:

 3-6                 (1)  the background and nature of long-term care

 3-7     insurance;

 3-8                 (2)  the types of benefits provided under long-term

 3-9     care insurance;

3-10                 (3)  the types of long-term care insurance policies

3-11     available;

3-12                 (4)  comparisons of different long-term care insurance

3-13     policies; and

3-14                 (5)  other educational information useful in

3-15     understanding and evaluating long-term care insurance policies.

3-16           (b)  The department may develop educational advertising for

3-17     dissemination to newspapers, magazines, radio, television, and

3-18     other media to educate the public regarding the purchase and

3-19     evaluation of long-term care insurance.

3-20           (c)  The department may not disseminate to the public under

3-21     the program any written material or advertisement of any insurer.

3-22           (d)  In developing written material and advertising under

3-23     this section, the department shall consult with the Texas

3-24     Department of Insurance.  The Texas Department of Insurance shall

3-25     provide expert staff as necessary to assist the department in

3-26     developing the written material and advertising.

3-27           Sec. 133.006.  SPEAKERS PROGRAM.  (a)  The department, as

 4-1     part of the program, may develop a speakers program through which

 4-2     the department makes persons with expertise in long-term care

 4-3     insurance available to provide educational information relating to

 4-4     the background, coverage, and purchase of long-term care insurance

 4-5     policies.

 4-6           (b)  The commissioner may designate officers and employees of

 4-7     the department, employees of the Texas Department of Insurance, or

 4-8     independent expert consultants to serve as speakers under the

 4-9     speakers program.  An officer or employee of an insurer authorized

4-10     to issue long-term care insurance in this state may not serve as a

4-11     speaker.

4-12           (c)  The department may enter into contracts with persons

4-13     with expertise in long-term care insurance to serve as speakers.

4-14           Sec. 133.007.  TOLL-FREE TELEPHONE NUMBER.  (a)  The

4-15     department shall establish a toll-free telephone number through

4-16     which the public may obtain general information relating to

4-17     long-term care insurance and may obtain answers to questions

4-18     relating to long-term care insurance coverage.

4-19           (b)  Persons trained in long-term care insurance coverage

4-20     shall staff the toll-free telephone line.

4-21           (c)  The department may contract with the Texas Department of

4-22     Insurance to provide the toll-free telephone line or staff for the

4-23     toll-free telephone line.

4-24           Sec. 133.008.  OTHER EDUCATIONAL ACTIVITIES.  The department,

4-25     through the program, may engage in other activities to provide

4-26     information to the public relating to long-term care insurance.

4-27           Sec. 133.009.  ENDORSEMENT OF PARTICULAR POLICY PROHIBITED.

 5-1     The educational activities authorized under this article, including

 5-2     the activities described by Sections 133.005, 133.006, 133.007, and

 5-3     133.008, may not endorse, promote, or encourage the purchase of any

 5-4     particular insurance policy offered by a particular insurer in this

 5-5     state.

 5-6           Sec. 133.010.  INTERAGENCY CONTRACT.  The department and the

 5-7     Texas Department of Insurance may enter into an interagency

 5-8     contract or memorandum of understanding as necessary to implement

 5-9     this chapter.

5-10           Sec. 133.011.  APPROVED POLICIES.  The program may not

5-11     provide information relating to insurance coverage that does not

5-12     meet the requirements of Article 3.70-12, Insurance Code, and the

5-13     rules adopted under that article.

5-14           Sec. 133.012.  MAINTENANCE TAX FUNDS.  The program shall be

5-15     funded by money appropriated to the department from maintenance tax

5-16     revenue collected under Article 4.17, Insurance Code, and made

5-17     available to the department through legislative appropriation.

5-18           SECTION 2.  Article 4.17, Insurance Code, is amended by

5-19     amending Subsections (c) and (d) and adding Subsection (h) to read

5-20     as follows:

5-21           (c)  The commissioner, after taking into account the

5-22     unexpended funds produced by this tax, if any, shall adjust the

5-23     rate of assessment each year to produce the amount of funds that it

5-24     estimates will be necessary to pay all the expenses of regulating

5-25     life, health, and accident insurers during the succeeding year,

5-26     including the expenses of administering and implementing the

5-27     long-term care insurance education program under Chapter 133, Human

 6-1     Resources Code.  In making an estimate under this subsection, the

 6-2     commissioner shall take into account the requirement that the

 6-3     general revenue fund be reimbursed under Article 4.19 of this code.

 6-4           (d)  Except as provided by Subsection (h), the [The] taxes

 6-5     collected shall be deposited in the state treasury to the credit of

 6-6     the general revenue fund to be reallocated to the Texas Department

 6-7     of Insurance operating fund and shall be spent as authorized by

 6-8     legislative appropriation on warrants issued by the comptroller

 6-9     pursuant to duly certified requisitions of the commissioner.

6-10     Amounts reallocated to the Texas Department of Insurance operating

6-11     fund under this subsection may be transferred to the general

6-12     revenue fund in accordance with Article 4.19 of this code.

6-13           (h)  A portion of the money collected under this article may

6-14     be appropriated to the Texas Department of Human Services to

6-15     administer and implement the long-term care insurance education

6-16     program under Chapter 133, Human Resources Code.  The commissioner

6-17     and the commissioner of human services shall enter into an

6-18     interagency contract or memorandum of understanding under which the

6-19     commissioner of human services provides to the commissioner the

6-20     information necessary to establish a maintenance tax rate

6-21     sufficient to fund the program.

6-22           SECTION 3.  This Act takes effect September 1, 1997.

6-23           SECTION 4.  This Act applies only to an assessment of a

6-24     maintenance tax under Article 4.17, Insurance Code, that is

6-25     originally due on or after January 1, 1998.  A maintenance tax that

6-26     is originally due before January 1, 1998, is governed by the law as

6-27     it existed immediately before the effective date of this Act, and

 7-1     that law is continued in effect for this purpose.

 7-2           SECTION 5.  The importance of this legislation and the

 7-3     crowded condition of the calendars in both houses create an

 7-4     emergency and an imperative public necessity that the

 7-5     constitutional rule requiring bills to be read on three several

 7-6     days in each house be suspended, and this rule is hereby suspended.