1-1 By: Maxey (Senate Sponsor - Ratliff) H.B. No. 2877
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the lease of certain facilities and the retirement
1-9 options and health coverage of certain employees in connection with
1-10 implementation of integrated enrollment services for health and
1-11 human services programs.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-14 amended by adding Sections 531.051 and 531.052 to read as follows:
1-15 Sec. 531.051. LEASES AND SUBLEASES OF CERTAIN OFFICE SPACE.
1-16 (a) A health and human services agency, with the approval of the
1-17 commission, or the Texas Workforce Commission or any other state
1-18 agency that administers employment services programs may lease
1-19 office space to a private service entity or sublease office space
1-20 from a private service entity that provides publicly funded health,
1-21 human, or workforce services to enable agency eligibility and
1-22 enrollment personnel to work with the entity if:
1-23 (1) client access to services would be enhanced; and
1-24 (2) the colocation of offices would improve the
1-25 efficiency of the administration and delivery of services.
1-26 (b) Subchapters D and E, Chapter 2165, do not apply to a
1-27 state agency that leases office space to a private service entity
1-28 or subleases office space to a private service entity under this
1-29 section.
1-30 (c) Subchapter B, Chapter 2167, does not apply to a state
1-31 agency that leases office space from a private service entity or
1-32 subleases office space from a private service entity under this
1-33 section.
1-34 (d) A state agency is delegated the authority to enter into
1-35 a lease or sublease under this section and may negotiate the terms
1-36 of the lease or sublease.
1-37 (e) To the extent authorized by federal law, a state agency
1-38 may share business resources with a private service entity that
1-39 enters into a lease or sublease agreement with the agency under
1-40 this section.
1-41 Sec. 531.052. ASSUMPTION OF LEASES FOR IMPLEMENTATION OF
1-42 TEXAS INTEGRATED ENROLLMENT SERVICES INITIATIVE. (a) A health and
1-43 human services agency, with the approval of the commission, or the
1-44 Texas Workforce Commission or any other state agency that
1-45 administers employment services programs may assume a lease from a
1-46 Texas Integrated Enrollment Services initiative contractor or
1-47 subcontractor for the purpose of implementing the initiative at one
1-48 development center, one mail center, or 10 or more call centers.
1-49 (b) Subchapter B, Chapter 2167, does not apply to a state
1-50 agency that assumes a lease from a contractor or subcontractor
1-51 under this section.
1-52 SECTION 2. Section 814.1041, Government Code, is amended by
1-53 amending Subsections (a) and (f) and adding Subsection (g) to read
1-54 as follows:
1-55 (a) This section applies only to members of the employee
1-56 class whose positions with the Texas Workforce Commission, the
1-57 Texas Department of Health, the Texas Department of Human Services,
1-58 or the Texas Department of Mental Health and Mental Retardation are
1-59 eliminated as a result of contracts with private service providers
1-60 or other reductions in services provided by those agencies and who
1-61 separate from state service at that time.
1-62 (f) The retirement option under this section is not
1-63 available to an employee of the Texas Department of Health or the
1-64 Texas Department of Human Services who receives a cash payment
2-1 under an incentive program implemented by either agency with
2-2 respect to certain employees whose positions are eliminated because
2-3 of privatization or other reductions in services provided by the
2-4 agency.
2-5 (g) This section applies only to positions eliminated by
2-6 privatization or other reductions in workforce before September 1,
2-7 2003 [1999].
2-8 SECTION 3. The Texas Employees Uniform Group Insurance
2-9 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
2-10 amended by adding Section 3B to read as follows:
2-11 Sec. 3B. CERTAIN EMPLOYEES MAY ELECT TO PARTICIPATE. (a)
2-12 This section applies only to a person who separates from state
2-13 service and receives a cash payment under an incentive program
2-14 implemented by the Texas Department of Human Services or the Texas
2-15 Department of Health with respect to certain employees whose
2-16 positions are eliminated as a result of privatization or other
2-17 reductions in services provided by those agencies.
2-18 (b) A person is entitled to receive state contributions
2-19 required to provide health coverage under the program administered
2-20 by the trustee under this Act for two months after the effective
2-21 date of the person's separation from state service.
2-22 SECTION 4. This Act takes effect September 1, 1999.
2-23 SECTION 5. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
2-28 * * * * *