By Armbrister                                         S.B. No. 1120
         76R3979 GCH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a statewide group insurance program for employees and
 1-3     retirees of school districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 3, Insurance Code, is
 1-6     amended by adding Article 3.50-7 to read as follows:
 1-7           Art. 3.50-7.  TEXAS SCHOOL EMPLOYEES UNIFORM GROUP HEALTH
 1-8     INSURANCE BENEFITS ACT
 1-9           Sec. 1.  SHORT TITLE.  This article may be cited as the Texas
1-10     School Employees Uniform Group Health Insurance Benefits Act.
1-11           Sec. 2.  DEFINITIONS.  In this article:
1-12                 (1)  "Administering firm" means any firm designated by
1-13     the trustee to administer any coverages, services, benefits, or
1-14     requirements under this article and the trustee's rules adopted
1-15     under this article.
1-16                 (2)  "Basic coverage" means the program of group
1-17     coverages determined by the trustee in which every full-time
1-18     employee and every retiree participates automatically unless
1-19     participation is specifically waived.
1-20                 (3)  "Cafeteria plan" means a plan as defined and
1-21     authorized by Section 125, Internal Revenue Code of 1986.
1-22                 (4)  "Employee" means a participating member of the
1-23     Teacher Retirement System of Texas who is employed by a
1-24     participating school district and who is not covered by a group
 2-1     insurance program under the Texas Employees Uniform Group Insurance
 2-2     Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) or the
 2-3     Texas State College and University Employees Uniform Insurance
 2-4     Benefits Act (Article 3.50-3, Vernon's Texas Insurance Code).  The
 2-5     term does not include a person performing personal services for a
 2-6     school district as an independent contractor.
 2-7                 (5)  "Health benefits plan" means any group policy or
 2-8     contract, medical, dental, or hospital service agreement,
 2-9     membership or subscription contract, salary continuation plan,
2-10     health maintenance organization agreement, preferred provider
2-11     arrangement, or any similar group arrangement or any combination of
2-12     those policies, plans, contracts, agreements, or arrangements
2-13     provided for the purpose of providing, paying for, or reimbursing
2-14     expenses for health care services, including comparable health care
2-15     services for employees and retirees who rely solely on spiritual
2-16     means through prayer for healing in accordance with the teaching of
2-17     a recognized church or denomination.
2-18                 (6)  "Participating school district" means a public
2-19     school district that is not exempt under Section 4 of this article
2-20     from participation in the program provided under this article.
2-21                 (7)  "Retiree" means a person who:
2-22                       (A)  has retired under the Teacher Retirement
2-23     System of Texas with at least 10 years of credit for service in
2-24     public schools of this state or has retired under the Teacher
2-25     Retirement System of Texas for disability and is entitled to
2-26     receive an annuity from the system based on the person's service;
2-27     and
 3-1                       (B)  is not eligible to participate in the group
 3-2     insurance program provided under the Texas Employees Uniform Group
 3-3     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 3-4     Code) or the Texas State College and University Employees Uniform
 3-5     Insurance Benefits Act (Article 3.50-3, Vernon's Texas Insurance
 3-6     Code).
 3-7                 (8)  "Trustee" means the Teacher Retirement System of
 3-8     Texas.
 3-9           Sec. 3.  ADMINISTRATION.  (a)  The Teacher Retirement System
3-10     of Texas, as trustee, shall implement and administer the statewide
3-11     uniform group insurance program described by this article.
3-12           (b)  The trustee may hire and compensate employees.
3-13           (c)  The trustee may, on a competitive bid basis, contract
3-14     with a qualified, experienced firm of group insurance specialists
3-15     or an administering firm who will act for the trustee in the
3-16     capacity of independent administrators and managers of the program
3-17     authorized under this article. The independent administrator
3-18     selected by the trustee shall assist the trustee to ensure the
3-19     proper administration of this article and the coverages, services,
3-20     and benefits provided for or authorized by this article and shall
3-21     be paid by the trustee.
3-22           (d)  The trustee may enter into interagency contracts with
3-23     any agency of the state, including the Employees Retirement System
3-24     of Texas, for the purpose of assistance in implementing the program
3-25     provided by this article.
3-26           (e)  The trustee has the powers with regard to the program
3-27     described by this article that the Employees Retirement System of
 4-1     Texas has in administering the Texas Employees Uniform Group
 4-2     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 4-3     Code), including the power to adjudicate claims, expel participants
 4-4     from the program for cause, and adopt rules to administer this
 4-5     article.
 4-6           Sec. 4.  PARTICIPATION IN PROGRAM.  (a)  Each public school
 4-7     district is required to participate in the program provided by this
 4-8     article unless the district is participating in the group insurance
 4-9     program under the Texas Employees Uniform Group Insurance Benefits
4-10     Act (Article 3.50-2, Vernon's Texas Insurance Code).
4-11           (b)  Each full-time employee or retiree of a participating
4-12     school district is automatically covered by the basic plan for
4-13     employees or retirees, as applicable, unless the employee or
4-14     retiree specifically waives coverage or unless the employee or
4-15     retiree is expelled from the program.
4-16           (c)  Each part-time employee of a participating school
4-17     district is eligible to participate in the program provided by this
4-18     article on application in the manner provided by the trustee,
4-19     unless the employee has been expelled from the program. A
4-20     participating school district shall notify each of its part-time
4-21     employees of their eligibility for participation in the program.
4-22           Sec. 5.  GROUP COVERAGES.  (a)  The trustee shall establish
4-23     plans of group coverages for employees and retirees of
4-24     participating school districts and their dependents. The coverages
4-25     shall be comparable in scope and, to the greatest extent possible,
4-26     in cost to the coverages provided under the Texas Employees Uniform
4-27     Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas
 5-1     Insurance Code) and may include group life coverages, health
 5-2     benefit plans, accidental death and dismemberment coverages,
 5-3     coverages against short-term or long-term loss of salary, and other
 5-4     coverages considered advisable by the trustee.  The trustee shall
 5-5     divide the state into four regions for the purpose of offering and
 5-6     administering plans of coverages.  Comparable plans of each type of
 5-7     coverage established must be offered to employees and retirees of
 5-8     all participating school districts.
 5-9           (b)  The trustee by rule may define the basic coverage in
5-10     which each full-time employee or retiree participates unless
5-11     specifically waived.  Basic coverage must include a health benefits
5-12     plan.  The trustee also by rule may define optional or voluntary
5-13     coverage.
5-14           (c)  The trustee may provide a cafeteria plan for employees
5-15     of participating school districts.
5-16           (d)  The trustee may determine that plans of coverages be
5-17     provided directly from the fund rather than through the purchase of
5-18     insurance.  Any self-funded plan of coverages is exempt from any
5-19     other insurance law unless the law specifically applies to the plan
5-20     or this article.
5-21           Sec. 6.  PAYMENT OF CONTRIBUTIONS.  (a)  The state shall
5-22     contribute for each employee covered by the program an amount
5-23     provided by the General Appropriations Act.  The state shall pay
5-24     100 percent of the cost of basic coverage for retirees who are
5-25     covered by the program and who retired with at least 20 years of
5-26     service credit in the Teacher Retirement System of Texas and
5-27     one-half of the cost of basic coverage for other retirees
 6-1     participating in the program.
 6-2           (b)  That portion of the cost of basic coverage selected by
 6-3     the employee that exceeds the amount of state contributions shall
 6-4     be paid by the participant and the school district by which the
 6-5     participant is employed, with the participant paying 20 percent and
 6-6     the school district paying 80 percent.  An employee or retiree
 6-7     participating in the program is responsible for paying the full
 6-8     cost of optional or voluntary coverage selected.
 6-9           Sec. 7.  TEXAS SCHOOL EMPLOYEES UNIFORM GROUP INSURANCE TRUST
6-10     FUND.  (a)  The Texas school employees uniform group insurance
6-11     trust fund is created as a trust fund outside the state treasury to
6-12     be held by the Texas Treasury Safekeeping Trust Company and
6-13     administered by the trustee on behalf of the participants in the
6-14     plans of insurance coverage provided under this article.
6-15           (b)  Premiums paid by enrollees, amounts recovered under
6-16     contracts for the implementation of the program provided by this
6-17     article, and investment and depository income of the fund shall be
6-18     credited to the fund.
6-19           (c)  Money in the fund may be used only for the purpose of
6-20     providing the program of insurance coverage provided under this
6-21     article, including the expenses of administering the program.
6-22           (d)  The trustee may invest assets of the fund in the manner
6-23     provided by Section 67(a)(3), Article XVI, Texas Constitution.
6-24           SECTION 2.  Article 3.51, Insurance Code, is amended to read
6-25     as follows:
6-26           Art. 3.51.  GROUP INSURANCE FOR EMPLOYEES OF STATE AND ITS
6-27     SUBDIVISIONS AND COLLEGES [COLLEGE AND SCHOOL EMPLOYEES]
 7-1           Sec. 1.  (a)  The State of Texas and each of its political,
 7-2     governmental and administrative subdivisions, departments,
 7-3     agencies, associations of public employees, and the governing
 7-4     boards and authorities of each state university or college[,
 7-5     colleges, common and independent school districts or of any other
 7-6     agency or subdivision of the public school system of the State of
 7-7     Texas] are authorized to procure contracts with any insurance
 7-8     company authorized to do business in this state insuring their
 7-9     respective employees, or if an association of public employees is
7-10     the policyholder, insuring its respective members, or any class or
7-11     classes thereof under a policy or policies of group health,
7-12     accident, accidental death and dismemberment, disability income
7-13     replacement and hospital, surgical and/or medical expense insurance
7-14     or a group contract providing for annuities.  The dependents of any
7-15     such employees or association members, as the case may be, may be
7-16     insured under group policies which provide hospital, surgical
7-17     and/or medical expense insurance.  The insureds' contributions to
7-18     the premiums for such insurance or annuities issued to the employer
7-19     or to an association of public employees as the policyholder may be
7-20     deducted by the employer from the insureds' salaries when
7-21     authorized in writing by the respective employees so to do.  The
7-22     premium for the policy or contract may be paid in whole or in part
7-23     from funds contributed by the employer or in whole or in part from
7-24     funds contributed by the insured employees.  When an association of
7-25     public employees is the holder of such a policy of insurance or
7-26     contract, the premium for employees that are members of such
7-27     association may be paid in whole or in part by the State of Texas
 8-1     or other agency authorized to procure contracts or policies of
 8-2     insurance under this section, or in whole or in part from funds
 8-3     contributed by the insured employees that are members of such
 8-4     association;  provided, however, that any monies or credits
 8-5     received by or allowed to the policyholder or contract holder
 8-6     pursuant to any participation agreement contained in or issued in
 8-7     connection with the policy or contract shall be applied to the
 8-8     payment of future premiums and to the pro rata abatement of the
 8-9     insured employee's contribution therefor.
8-10           (b)  The term employees as used herein in addition to its
8-11     usual meaning shall include elective and appointive officials of
8-12     the state.
8-13           [(b)  Independent School Districts procuring policies
8-14     insuring their employees under this Section may pay all or any
8-15     portion of the premiums on such policies from the local funds of
8-16     such Independent School District, but in no event shall any part of
8-17     such premiums be paid from funds paid such districts by the State
8-18     of Texas.]
8-19           Sec. 2.  All group insurance contracts effected pursuant
8-20     hereto shall conform and be subject to all the provisions of any
8-21     existing or future laws concerning group insurance.
8-22           SECTION 3.  Article 3.50-4, Insurance Code, and Section
8-23     22.004, Education Code, are repealed.
8-24           SECTION 4.  (a)  The Teacher Retirement System of Texas shall
8-25     begin enrollment in the program provided under Article 3.50-7,
8-26     Insurance Code, as added by this Act, to be effective beginning
8-27     with the 2001-2002 school year.
 9-1           (b)  The Teacher Retirement System of Texas shall transfer
 9-2     all assets and liabilities of the program provided under Article
 9-3     3.50-4, Insurance Code, all coverages provided under that program,
 9-4     and all records pertaining to that program to the program provided
 9-5     under Article 3.50-7, Insurance Code, as added by this Act, not
 9-6     later than the date the program of coverages provided under Article
 9-7     3.50-7 is implemented.
 9-8           SECTION 5.  This Act takes effect September 1, 1999, except
 9-9     Sections 2 and 3, which take effect September 1, 2001.
9-10           SECTION 6.  The importance of this legislation and the
9-11     crowded condition of the calendars in both houses create an
9-12     emergency and an imperative public necessity that the
9-13     constitutional rule requiring bills to be read on three several
9-14     days in each house be suspended, and this rule is hereby suspended.