By Wise                                               H.B. No. 2340
         76R6741 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to provision of dental insurance benefits through a
 1-3     preferred provider benefit plan.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1(2), Article 3.70-3C, Insurance Code, as
 1-6     added by Chapter 1024, Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended to read as follows:
 1-8                 (2)  "Health insurance policy" means a group or
 1-9     individual insurance policy, certificate, or contract providing
1-10     benefits for medical, dental, or surgical expenses incurred as a
1-11     result of an accident or sickness.
1-12           SECTION 2.  Section 2, Article 3.70-3C, Insurance Code, as
1-13     added by Chapter 1024, Acts of the 75th Legislature, Regular
1-14     Session, 1997, is amended to read as follows:
1-15           Sec. 2.  APPLICATION.  This article applies to any preferred
1-16     provider benefit plan in which an insurer provides, through its
1-17     health insurance policy, for the payment of a level of coverage
1-18     which is different from the basic level of coverage provided by the
1-19     health insurance policy if the insured uses a preferred provider.
1-20     [This article does not apply to provisions for dental care benefits
1-21     in any health insurance policy.]
1-22           SECTION 3.  Section 3(a), Article 3.70-3C, Insurance Code, as
1-23     added by Chapter 1024, Acts of the 75th Legislature, Regular
1-24     Session, 1997, is amended to read as follows:
 2-1           (a)  A health insurance policy that includes different
 2-2     benefits from the basic level of coverage for the use of preferred
 2-3     providers shall not be considered unjust under Article 3.42 of this
 2-4     code, or unfair discrimination under Article 21.21-6, as added by
 2-5     Chapter 415, Acts of the 74th Legislature, 1995, or Article 21.21-8
 2-6     of this code or to violate Subsection (B), Section 2, Chapter 397,
 2-7     Acts of the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
 2-8     Insurance Code), or Article 21.52 of this code, and is not subject
 2-9     to the provisions of Article 21.53 of this code, if it meets the
2-10     requirements of this  section.
2-11           SECTION 4.  This Act takes effect September 1, 1999, and
2-12     applies only to an insurance policy that is delivered, issued for
2-13     delivery, or renewed on or after January 1, 2000.  A policy
2-14     delivered, issued for delivery, or renewed before January 1, 2000,
2-15     is governed by the law as it existed immediately before the
2-16     effective date of this Act, and that law is continued in effect for
2-17     that purpose.
2-18           SECTION 5.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended.