1-1     By:  Lewis of Tarrant (Senate Sponsor - Shapleigh)    H.B. No. 3178
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 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 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to coverage for certain health benefits under the Texas
 1-9     State College and University Employees Uniform Insurance Benefits
1-10     Act.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 3(a), Texas State College and University
1-13     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
1-14     Texas Insurance Code), is amended to read as follows:
1-15           (a)  Unless a different meaning is plainly required by the
1-16     context, the following words and phrases as used in this Act shall
1-17     have the following meanings:
1-18                 (1)  "Administering carrier" shall mean any carrier or
1-19     organization, qualified to do business in Texas, designated by an
1-20     institution to administer any services, benefits, insurance
1-21     coverages, or requirements in accordance with this Act [and the
1-22     council's regulations thereunder].
1-23                 (2)(A)  "Retired employee" shall mean a former [an]
1-24     employee as defined in this Act who has at least three years'
1-25     service as an eligible employee with an employing institution,
1-26     whose last state employment before retirement was with that
1-27     employing institution, and who retires or has retired under a
1-28     retirement provision under the jurisdiction of:
1-29                             (i) [(A)]  the Teachers Retirement System
1-30     of Texas, pursuant to Subtitle C, Title 8, Government Code;
1-31                             (ii) [(B)]  the Optional Retirement
1-32     Program, Chapter 830, Government Code;  provided, however, that the
1-33     employee has met service requirements, age requirements, and other
1-34     applicable requirements as may be promulgated by the institution
1-35     comparable to the requirements for retirement under the Teachers
1-36     Retirement System of Texas;
1-37                             (iii) [(C)]  the Employees Retirement
1-38     System of Texas; or
1-39                             (iv) [(D)]  any other federal or state
1-40     statutory retirement program to which the institution has made
1-41     employer contributions;  provided, however, that the employee has
1-42     met service requirements, age requirements, and other applicable
1-43     requirements as may be promulgated by the institution comparable to
1-44     the requirements for retirement under the Teachers Retirement
1-45     System of Texas.
1-46                       (B)  A former employee is eligible to be
1-47     classified as a retired employee at an employing institution if the
1-48     former employee:
1-49                             (i)  meets the minimum requirements
1-50     established under Paragraph (A) of this subdivision to qualify as a
1-51     retired employee except that the last state employment before
1-52     retirement is not at the employing institution; and
1-53                             (ii)  does not meet the requirements for a
1-54     retired employee under Section 3, Texas Employees Uniform Group
1-55     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
1-56     Code).
1-57                 (3)  "Carrier" shall mean a qualified carrier as
1-58     defined in this Act.
1-59                 (4)(A)  "Employee" shall mean any person employed by a
1-60     governing board of an institution:
1-61                             (i)  [who retires under the provisions
1-62     cited in Subsection (a)(2) of this section;]
1-63                             [(ii)]  who receives his compensation for
1-64     services rendered to an institution [on a warrant or check issued
 2-1     pursuant to a payroll certified by an institution or by an elected
 2-2     or duly appointed officer of this state], [and who] is eligible for
 2-3     participation in the Teacher Retirement System of Texas, and is
 2-4     expected to work at least 20 hours per week and to continue in the
 2-5     employment for a term of at least 4-1/2 months or is appointed for
 2-6     at least 50 percent of a standard full-time appointment; or
 2-7                             (ii) [(iii)]  who receives his compensation
 2-8     for services rendered as provided in this subdivision but is not
 2-9     permitted to be a member of the Teacher Retirement System of Texas
2-10     because he is solely employed by an institution of higher education
2-11     that as a condition of employment requires the employee to be
2-12     enrolled as a student in the institution in graduate-level courses
2-13     and who is employed at least 20 hours a week.
2-14                       (B)  Persons performing personal services for
2-15     such institutions as independent contractors shall never be
2-16     considered employees for purposes of this Act.
2-17                 (5)  "Employer" shall mean the institutions defined
2-18     [elsewhere] in Subdivision (7) [Subsection (8)] of this section.
2-19                 (6)  "Group life, accident, or health insurance plan"
2-20     shall mean any group insurance policy or contract, life, accident,
2-21     medical, dental, or hospital service agreement, membership or
2-22     subscription contract, or similar group arrangement provided by an
2-23     administering carrier.
2-24                 (7)  "Institution" shall mean The University of Texas
2-25     System or[,] The Texas A&M University System[, Texas Tech
2-26     University, and the University of Houston System, except that an
2-27     institution that elects to participate in the Employees Uniform
2-28     Group Insurance Program under Section 3A of the Texas Employees
2-29     Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
2-30     Texas Insurance Code) on or before April 1, 1992, may not
2-31     participate in the Texas State College and University Employees
2-32     Uniform Insurance Benefits Program after coverage has begun under
2-33     the Employees Uniform Group Insurance Program].
2-34                 (8)  "Dependent" shall mean the spouse, as defined in
2-35     the Texas Family Code, of an employee or retired employee, and an
2-36     unmarried child under 25 years of age including:  (A) an adopted
2-37     child, (B) a stepchild, foster child, or other child who is in a
2-38     regular parent-child relationship, (C) any such child, regardless
2-39     of age, who lives with or whose care is provided by an employee or
2-40     retired employee on a regular basis, if such child is mentally
2-41     retarded or physically incapacitated to such an extent as to be
2-42     dependent upon the employee or retired employee for care or
2-43     support, as the institution shall determine.
2-44                 (9)  "President" shall mean the duly authorized chief
2-45     official of any institution covered under the provisions of this
2-46     Act or such other official as may be designated by a governing
2-47     board to carry out the provisions of this Act.
2-48                 (10)  "Qualified carrier" shall mean:
2-49                       (A)  any insurance company authorized to do
2-50     business in this state by the Texas Department [State Board] of
2-51     Insurance to provide any of the types of insurance coverages,
2-52     benefits, or services provided for in this Act under any of the
2-53     insurance laws of the State of Texas, which has an adequate
2-54     surplus, a successful operating history, and which has had
2-55     successful experience in providing and servicing any of the types
2-56     of group coverage provided for in this Act as determined by the
2-57     Texas Department [State Board] of Insurance;
2-58                       (B)  any corporation operating under Chapter 20
2-59     of the Texas Insurance Code which provides any of the types of
2-60     coverage, benefits, or services provided for in this Act, which has
2-61     a successful operating history, and which has had successful
2-62     experience in providing and servicing any of the types of group
2-63     coverage provided for in this Act as determined by the Texas
2-64     Department [State Board] of Insurance; or
2-65                       (C)  any combination of carriers as herein
2-66     defined, upon such terms and conditions as may be prescribed by the
2-67     institution;  provided, however, that for purposes of this Act
2-68     carriers combining for the purpose of bidding and/or underwriting
2-69     this program shall not be considered in violation of [Sections
 3-1     15.01 through 15.34,] Chapter 15, [Title 2, Competition and Trade
 3-2     Practices, Texas] Business & Commerce Code.
 3-3                 (11)  "Service" shall mean any personal services of any
 3-4     employee creditable in accordance with rules and regulations
 3-5     promulgated by the institution.
 3-6                 (12)  "Active employee plan" shall mean a plan or
 3-7     program of group life, accident, or health insurance for active
 3-8     employees as determined by the institution as provided in this Act.
 3-9                 (13)  "Retired employee plan" shall mean a plan or
3-10     program of group insurance as determined by the institution as
3-11     defined in this Act for all retired employees as defined in this
3-12     Act.
3-13                 (14)  "Cafeteria plan" means a plan as defined and
3-14     authorized by Section 125, Internal Revenue Code of 1986 (26 U.S.C.
3-15     Sec. 125).
3-16                 (15)  "The University of Texas System" means the
3-17     entities listed or described in Section 65.02, Education Code.
3-18                 (16)  "Serious [For purposes of this section, "serious]
3-19     mental illness" means the following psychiatric illnesses as
3-20     defined by the American Psychiatric Association in the Diagnostic
3-21     and Statistical Manual (DSM) III-R:
3-22                       (A)  schizophrenia;
3-23                       (B)  paranoid and other psychotic disorders;
3-24                       (C)  bipolar disorders (mixed, manic, and
3-25     depressive);
3-26                       (D)  major depressive disorders (single episode
3-27     or recurrent); and
3-28                       (E)  schizo-affective disorders (bipolar or
3-29     depressive).
3-30                 (17) [(16)]  "The Texas A&M University System" means
3-31     the entities governed under Chapters 85 through 88, Education Code,
3-32     and includes the Texas Veterinary Diagnostic Laboratory.
3-33                 [(17)  "Texas Tech University" means Texas Tech
3-34     University, the Texas Tech University Museum, and the Texas Tech
3-35     University Health Sciences Center.]
3-36                 (18)  "Basic coverage" means health insurance coverage
3-37     and other coverages that meet the basic coverage standards
3-38     established under Section 4(b)(1) of this Act ["University of
3-39     Houston System" means the entities governed under Section 111.20,
3-40     Education Code].
3-41                 (19)  "Optional coverage" means group coverages other
3-42     than basic coverage.
3-43           SECTION 2.  Sections 4(a), (b), (d), (e), and (f), Texas
3-44     State College and University Employees Uniform Insurance Benefits
3-45     Act (Article 3.50-3, Vernon's Texas Insurance Code), are amended to
3-46     read as follows:
3-47           (a)  A Texas State College and University Employees Uniform
3-48     Insurance Benefits Program is hereby created.  Each institution
3-49     shall implement the program for the benefit of its employees and
3-50     retired employees.
3-51           (b)  Each institution shall:
3-52                 (1)  determine basic coverage standards which shall be
3-53     comparable to those commonly provided in private industry and those
3-54     provided employees of other agencies and institutions of higher
3-55     education of the State of Texas under the Texas Employees Uniform
3-56     Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas
3-57     Insurance Code). The institution may design a plan around existing
3-58     local conditions.
3-59                 (2)  include in its respective bid documents for the
3-60     various coverages a provision calling for each bidder to identify
3-61     its administrative cost as a distinguishable figure and to
3-62     enumerate what services the bidder will render in exchange for the
3-63     administrative costs so identified.
3-64                 (3)  determine basic procedural and administrative
3-65     practices for insurance coverages to be provided [employees
3-66     covered] under the provisions of this Act.
3-67                 (4)  submit its program, including any agreement under
3-68     which a firm is engaged to administer a self-insured program, to
3-69     competitive bidding at least once every six years.  It is further
 4-1     provided that:
 4-2                       (A)  The Texas Department [State Board] of
 4-3     Insurance shall provide, by request of the institution, a list of
 4-4     all carriers authorized to do business in the State of Texas and
 4-5     who will be eligible to bid on the insurance coverage or coverages
 4-6     provided in this Act.
 4-7                       (B)  The Texas Department [State Board] of
 4-8     Insurance shall, upon request by the institution, examine and
 4-9     evaluate the bidding contracts and certify their actuarial
4-10     soundness to the institution within 15 days from the date of
4-11     request.
4-12                       (C)  The institution is not required to select
4-13     the lowest bid, but shall take into consideration other factors
4-14     such as ability to service contracts, past experience, financial
4-15     stability, and other relevant criteria.  Should the institution
4-16     select a carrier whose bid differs from that advertised, the
4-17     reasons for such deviation shall be fully justified and recorded in
4-18     the minutes of the next meeting of the governing board of the
4-19     institution.
4-20                       (D)  The institution shall select and contract
4-21     for services performed by health maintenance organizations that are
4-22     approved by [the federal government, if available, or by] the State
4-23     of Texas[, if available,] to offer health-care services to eligible
4-24     employees and retired employees [persons] in a specific area of the
4-25     state.  [Eligible employees and retired persons may participate in
4-26     a selected health maintenance organization in lieu of participation
4-27     in the health insurance benefits under this Act, and the employer
4-28     contributions provided by Section 13 of this Act for health-care
4-29     coverage shall be paid to the selected health maintenance
4-30     organizations on behalf of the participants.  A health maintenance
4-31     organization that has been approved to provide health-care services
4-32     to employees and retired persons of the state under the Texas
4-33     Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
4-34     Vernon's Texas Insurance Code) is qualified upon proper application
4-35     to the institution to provide similar services to eligible
4-36     employees and retired persons of any institution or agency under
4-37     this Act located in the same area of the state.  More stringent
4-38     requirements may not be imposed on health maintenance organizations
4-39     under this Act than are imposed by the state or by the federal
4-40     government.]
4-41                 (5)  adopt rules and regulations consistent with the
4-42     provisions of this Act and its purpose as it deems necessary to
4-43     carry out the statutory responsibilities.
4-44                 (6)  establish procedures to allow each covered
4-45     employee and retired employee to obtain prompt action regarding
4-46     claims pertaining to insurance provided under this Act.
4-47           (d)  Notwithstanding any other provisions of this Act, the
4-48     governing boards providing programs of benefits under this Act are
4-49     authorized to self-insure the programs and may, at their
4-50     discretion, engage a firm to administer the program.  Any plan of
4-51     coverages for which an institution does not purchase insurance but
4-52     provides coverage on a self-insured basis is exempt from any other
4-53     insurance law of this state unless the law expressly applies to
4-54     that plan or this Act.
4-55           (e)  The governing board of each institution providing
4-56     benefits under this Act may [study the feasibility of establishing
4-57     a cafeteria plan and may] design, develop, adopt, implement, and
4-58     administer a cafeteria plan [if the governing board determines that
4-59     the establishment of a cafeteria plan is feasible, would be
4-60     beneficial to the institution and to employees who would be
4-61     eligible to participate in the cafeteria plan, and would not
4-62     adversely affect the insurance program established under this Act].
4-63     The governing board may include in a cafeteria plan any benefit
4-64     that may be included in a cafeteria plan under federal law.  In
4-65     addition to other authority granted to a governing board by this
4-66     Act, the governing board may cooperate and work with and may enter
4-67     into necessary contracts and agreements with one or more
4-68     independent and qualified agencies, persons, or entities to design,
4-69     develop, adopt, implement, or administer or to assist in the
 5-1     design, development, adoption, implementation, or administration of
 5-2     a cafeteria plan under this Act. A cafeteria plan may be designed,
 5-3     developed, adopted, implemented, and administered by or on behalf
 5-4     of an institution. If the governing board determines that a
 5-5     cafeteria plan adopted under this subsection is no longer
 5-6     advantageous to the institution and its employees, the governing
 5-7     board may adopt an order terminating the cafeteria plan and
 5-8     providing a procedure for the orderly withdrawal of the institution
 5-9     and its employees from that plan.
5-10           (f)  An institution may join with another institution to
5-11     procure one or more group contracts with any insurance company
5-12     authorized to do business in this state, insuring the employees and
5-13     retired employees of each participating institution.  The purpose
5-14     of this authorization is to provide institutions of higher
5-15     education with the ability to obtain the benefits of economy and
5-16     improved coverages for their employees and retired employees which
5-17     may occur through increased purchasing economies for larger groups
5-18     of employees.
5-19           SECTION 3.  Section 5, Texas State College and University
5-20     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
5-21     Texas Insurance Code), is amended to read as follows:
5-22           Sec. 5.  BENEFIT CERTIFICATES.  Each institution shall assure
5-23     that each employee and retired employee insured under this Act is
5-24     issued a certificate of insurance or plan description setting forth
5-25     the benefits to which the employee or retired employee is entitled,
5-26     to whom the benefits are payable, to whom the claims shall be
5-27     submitted, and summarizing the provisions of the policy or contract
5-28     principally affecting the employee or retired employee.
5-29           SECTION 4.  Section 8(b), Texas State College and University
5-30     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
5-31     Texas Insurance Code), is amended to read as follows:
5-32           (b)  Any excess of the total of Subsection (a)(1) of this
5-33     section over the corresponding sum of Subsections (a)(2) and (a)(3)
5-34     of this section may be held by the carrier issuing the policy as a
5-35     special reserve.  Such reserve may be used at the discretion of the
5-36     institution for, but not limited to, providing additional coverage
5-37     for participating employees or retired employees, offsetting
5-38     necessary [employee] premium rate increases, or to reduce
5-39     participating employee or retired employee premium contributions to
5-40     the coverage.  Any reserve held by the carrier would bear interest
5-41     at a rate determined each policy year by the carrier and approved
5-42     by the institution as being consistent with the rate generally used
5-43     by the carrier for similar funds held under other group insurance
5-44     policies.
5-45           SECTION 5.  Section 9(a), Texas State College and University
5-46     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
5-47     Texas Insurance Code), is amended to read as follows:
5-48           (a)  All insurance benefits and other payments and
5-49     transactions made pursuant to the provisions of this Act to any
5-50     employee or retired employee covered under the provisions of this
5-51     Act shall be exempt from execution, attachment, garnishment, or any
5-52     other process whatsoever.
5-53           SECTION 6.  Section 10, Texas State College and University
5-54     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
5-55     Texas Insurance Code), is amended to read as follows:
5-56           Sec. 10.  DEATH CLAIMS.  The amount of group life insurance
5-57     and group accidental death and dismemberment insurance in force on
5-58     an employee or retired employee at the date of his death shall be
5-59     paid, on the establishment of a valid claim, to the person or
5-60     persons surviving at the date of his death, in the following order:
5-61           (a)  to the beneficiary or beneficiaries designated by the
5-62     employee or retired employee in a signed and witnessed writing
5-63     received before death in the appropriate [employing] office of the
5-64     institution.  For this purpose, a designation, change, or
5-65     cancellation of beneficiary in a will or other document not so
5-66     executed and filed has no force or effect.
5-67           (b)  if no beneficiary is designated in accordance with
5-68     Subsection (a) of this section, payment shall be made in accordance
5-69     with the death benefit provisions of Subtitle C [the Teacher
 6-1     Retirement System of Texas, Chapter 3], Title 8[1], Government
 6-2     [Texas Education] Code[, as amended].
 6-3           SECTION 7.  Section 11, Texas State College and University
 6-4     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
 6-5     Texas Insurance Code), is amended to read as follows:
 6-6           Sec. 11.  AUTOMATIC COVERAGE.  (a)  No eligible employee or
 6-7     eligible retired employee shall be denied enrollment in any of the
 6-8     coverages provided by this Act; provided, however, that the
 6-9     employee or retired employee may waive in writing any or all such
6-10     coverages.  [Each policy of insurance shall provide for automatic
6-11     coverage on the date the employee becomes eligible for insurance.]
6-12           (b)  From the first day of employment, the institution shall
6-13     automatically provide basic coverage for each active full-time
6-14     employee who has not waived basic coverage or selected optional
6-15     coverages [shall be protected by a basic plan of insurance coverage
6-16     automatically].  If the cost of an active employee's or retired
6-17     employee's basic coverage exceeds the amount appropriated by the
6-18     legislature for an employee or retired employee, the institution
6-19     must provide optional coverage at no cost to the employee or
6-20     retired employee.  If the employee or retired employee chooses the
6-21     basic coverage rather than optional coverage, the institution may
6-22     deduct from or reduce the monthly compensation of the employee, or,
6-23     for a retired employee, require appropriate payment, up to one-half
6-24     of the amount that exceeds the state's contribution for an
6-25     employee, and the institution shall pay the difference.
6-26           (c)  Each employee or retired employee who is automatically
6-27     covered under this section may subsequently retain or waive the
6-28     basic coverage plan and may make application for any other
6-29     coverages provided under this Act within applicable [institutional
6-30     and administrative council] standards.
6-31           SECTION 8.  Section 12, Texas State College and University
6-32     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
6-33     Texas Insurance Code), is amended to read as follows:
6-34           Sec. 12.  PAYMENT OF PREMIUMS.  (a)  Each institution and
6-35     agency covered under the provisions of this Act shall contribute
6-36     monthly to the cost of each insured employee's and retired
6-37     employee's coverage no less than the amount appropriated therefor
6-38     by the legislature in the General Appropriations Act.  An amount
6-39     equal to the amount appropriated for an employee and retired
6-40     employee under the General Appropriations Act shall be appropriated
6-41     for each employee and retired employee by the governing board of
6-42     the institution in its respective official operating budget, if the
6-43     institution's employees are compensated from funds appropriated by
6-44     such budgets rather than by the General Appropriations Act.
6-45           (b)  Except for a participant in a cafeteria plan, each [the]
6-46     employee shall authorize, in writing or electronically, and in a
6-47     form satisfactory to the institution, a deduction from his monthly
6-48     compensation of the difference between the total cost of premiums
6-49     and the amount contributed therefor by the institution or agency.
6-50     An employee who is participating in a cafeteria plan shall execute
6-51     a salary reduction agreement under which his monthly compensation
6-52     will be reduced in an amount that is equal to the difference
6-53     between the amount appropriated by the General Appropriations Act
6-54     or the institution's budget and the cost of the employee's selected
6-55     coverages for which he is eligible to pay under the cafeteria plan.
6-56     Also, the electing employee shall execute a salary deduction
6-57     agreement for any portion of the cost that is not covered by state
6-58     or institutional appropriations and cafeteria plan contributions.
6-59           (c)  A retired employee shall execute agreements and make
6-60     appropriate contributions in a manner analogous to the requirements
6-61     adopted under Subsection (b) of this section for an active
6-62     employee.
6-63           SECTION 9.  Section 17, Texas State College and University
6-64     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
6-65     Texas Insurance Code), is amended to read as follows:
6-66           Sec. 17.  COVERAGE FOR DEPENDENTS.  (a)  Any employee or
6-67     retired employee shall be entitled to secure for his dependents any
6-68     uniform group insurance coverages provided for such dependents
6-69     under the rules and regulations to be promulgated by each
 7-1     institution. Premium payments required of the employee or retired
 7-2     employee in excess of employer contributions shall be deducted from
 7-3     the monthly pay of the employee, or the employee's monthly pay
 7-4     shall be reduced in the appropriate amount, or paid in such manner
 7-5     and form as the institution shall determine.
 7-6           (b)  This subsection applies to the surviving spouse of an
 7-7     employee who had at least five years of service on the date of the
 7-8     employee's death, including at least three years of service as an
 7-9     eligible employee with the employing institution, or the surviving
7-10     spouse of a retired employee.   A surviving spouse subject to this
7-11     subsection may elect to retain the decedent's authorized coverages
7-12     and may also retain authorized coverages for any eligible
7-13     dependent, at the group rate for employees, if, on the date of the
7-14     death, those coverages were in effect for the spouse or dependent.
7-15           SECTION 10.  This Act takes effect September 1, 1999, and
7-16     applies only to a group coverage that is delivered, issued for
7-17     delivery, or renewed under the Texas State College and University
7-18     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
7-19     Texas Insurance Code), on or after January 1, 2000.  Coverage
7-20     delivered, issued for delivery, or renewed before January 1, 2000,
7-21     is governed by the law as it existed immediately before the
7-22     effective date of this Act, and that law is continued in effect for
7-23     that purpose.
7-24           SECTION 11.  This Act takes effect September 1, 1999.
7-25           SECTION 12.  The importance of this legislation and the
7-26     crowded condition of the calendars in both houses create an
7-27     emergency and an imperative public necessity that the
7-28     constitutional rule requiring bills to be read on three several
7-29     days in each house be suspended, and this rule is hereby suspended.
7-30                                  * * * * *