77R12711 E
By Haggerty H.B. No. 1076
Substitute the following for H.B. No. 1076:
By Tillery C.S.H.B. No. 1076
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation by employees and retired employees of
1-3 community supervision and corrections departments in the uniform
1-4 group insurance program for state employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. PARTICIPATION BY COMMUNITY SUPERVISION AND
1-7 CORRECTIONS DEPARTMENTS IN UNIFORM GROUP INSURANCE
1-8 PROGRAM FOR STATE EMPLOYEES
1-9 SECTION 1.01. Section 2, Texas Employees Uniform Group
1-10 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
1-11 Code), is amended to read as follows:
1-12 Sec. 2. PURPOSES. It is hereby declared that the purposes
1-13 of this Act are:
1-14 (a) to provide uniformity in life, accident, and
1-15 health benefits coverages on all employees of the State of Texas
1-16 and their dependents;
1-17 (b) to enable the State of Texas to attract and retain
1-18 competent and able employees by providing them and their dependents
1-19 with life, accident, and health benefits coverages at least equal
1-20 to those commonly provided in private industry;
1-21 (c) to foster, promote, and encourage employment by
1-22 and service to the State of Texas as a career profession for
1-23 persons of high standards of competence and ability;
1-24 (d) to recognize and protect the state's investment in
2-1 each permanent employee by promoting and preserving economic
2-2 security and good health among state employees and their
2-3 dependents;
2-4 (e) to foster and develop high standards of
2-5 employer-employee relationships between the State of Texas and its
2-6 employees;
2-7 (f) to recognize the service to the state by elected
2-8 state officials by extending to them and their dependents the same
2-9 life, accident, and health benefits coverages as are provided
2-10 herein for state employees and their dependents; [and]
2-11 (g) to recognize the long and faithful service and
2-12 dedication of employees of the State of Texas and to encourage them
2-13 to remain in state service until eligible for retirement by
2-14 providing health benefits for such employees and their dependents;
2-15 and
2-16 (h) to recognize the service to the state by employees
2-17 of community supervision and corrections departments by extending
2-18 to them and their dependents the same life, accident, and health
2-19 benefits coverages as are provided in this Act for state employees
2-20 and their dependents.
2-21 SECTION 1.02. Section 3(a)(5), Texas Employees Uniform Group
2-22 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
2-23 Code), is amended by adding Paragraph (D) to read as follows:
2-24 (D) An employee or retired employee of a
2-25 community supervision and corrections department shall be treated
2-26 as an employee or annuitant, as applicable, for purposes of this
2-27 Act only as provided by Section 3D of this Act.
3-1 SECTION 1.03. Section 3(a), Texas Employees Uniform Group
3-2 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
3-3 Code), is amended by adding Subdivision (24) to read as follows:
3-4 (24) "Employee of a community supervision and
3-5 corrections department" means an employee of a department
3-6 established under Chapter 76, Government Code.
3-7 SECTION 1.04. The Texas Employees Uniform Group Insurance
3-8 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
3-9 amended by adding Section 3D to read as follows:
3-10 Sec. 3D. PARTICIPATION BY COMMUNITY SUPERVISION AND
3-11 CORRECTIONS DEPARTMENTS. (a) A community supervision and
3-12 corrections department of this state may participate in the uniform
3-13 group insurance program administered by the trustee under this Act.
3-14 Participation under this section is limited to:
3-15 (1) the active employees of the community supervision
3-16 and corrections department and the eligible dependents of those
3-17 employees; and
3-18 (2) retired employees who have been employed by a
3-19 particular community supervision and corrections department for at
3-20 least a total of 10 years of creditable service and who meet all of
3-21 the requirements for retirement benefits prescribed by the Texas
3-22 County and District Retirement System and the spouse and the
3-23 eligible dependent children of those retired employees.
3-24 (b) Each full-time active employee of a participating
3-25 community supervision and corrections department is automatically
3-26 covered by the basic coverage for employees unless the employee
3-27 specifically waives coverage or unless the employee is expelled
4-1 from the program. Each part-time active employee of a
4-2 participating community supervision and corrections department is
4-3 eligible to participate in the uniform group insurance program on
4-4 application in the manner provided by the trustee, unless the
4-5 employee has been expelled from the program. A participating
4-6 community supervision and corrections department shall notify each
4-7 of its part-time employees of the employee's eligibility for
4-8 participation.
4-9 (c) An active employee described by Subsection (b) of this
4-10 section is not eligible to receive a state contribution for
4-11 premiums. The employing community supervision and corrections
4-12 department is responsible for payment of the contributions that the
4-13 state would make if the community supervision and corrections
4-14 department active employees were state employees. A community
4-15 supervision and corrections department shall contribute for each
4-16 active employee covered by the uniform group insurance program an
4-17 amount equal to: (1) 100 percent of the cost for the employee
4-18 only of the basic coverage authorized by the trustee for active
4-19 employees; and (2) 50 percent of the total cost of health coverage
4-20 for spouses and dependent children for active employees who enroll
4-21 in coverage categories which include a spouse and/or dependent
4-22 children. Each covered active employee shall pay that portion of
4-23 the cost of group coverages selected by the employee that exceeds
4-24 the amount of department contributions.
4-25 (d) Each retired employee of a participating community
4-26 supervision and corrections department who retires after September
4-27 1, 2002, and has been employed by that particular department for at
5-1 least 10 years of creditable service is eligible to participate in
5-2 the uniform group insurance program on application of the trustee.
5-3 A retired employee is automatically covered by the basic coverage
5-4 unless the retired employee specifically waives coverage, or unless
5-5 the retired employee is expelled from the program. A retired
5-6 employee of a participating department who meets the above-stated
5-7 criteria is eligible to enroll in the group insurance coverage
5-8 categories which include a spouse and/or their dependent provided
5-9 they: (1) pay for 50 percent of the total cost for the premiums
5-10 related to the spouse and/or dependent insurance coverages for
5-11 retired state employees; and (2) meet all of the other
5-12 requirements and limitations of the trustee for such spouse and/or
5-13 dependent coverages. The retired employee shall pay the
5-14 contributions required under this subsection in the manner
5-15 prescribed by the trustee. A participating community supervision
5-16 and corrections department shall notify each of its retired
5-17 employees of their eligibility and costs associated with such
5-18 participation.
5-19 (e) All contributions received under this section from
5-20 community supervision and corrections departments, active employees
5-21 of community supervision and corrections departments, and retired
5-22 employees of community supervision and corrections departments for
5-23 basic, optional, and voluntary coverages under the uniform group
5-24 insurance program shall be paid into the employees life, accident,
5-25 and health insurance and benefits fund and shall be used by the
5-26 trustee to provide those coverages as provided by this Act.
5-27 (f) A community supervision and corrections department that
6-1 elects to participate in the uniform group insurance program must
6-2 notify the trustee not later than December 31, 2001.
6-3 (g) Notwithstanding anything to the contrary in the
6-4 foregoing Subsections (b) and (c) of this section, a community
6-5 supervision and corrections department shall only be responsible
6-6 and obligated to pay for the percentage or portion of the
6-7 contributions for health insurance for its active and retired
6-8 employees, including their spouse and/or dependent children, that
6-9 is equal to the state's percentage or portion as specified in the
6-10 rider to the applicable General Appropriations Act for health
6-11 insurance as to active and retired state employees.
6-12 ARTICLE 2. CONFORMING AMENDMENT
6-13 SECTION 2.01. Section 76.006, Government Code, is amended to
6-14 read as follows:
6-15 Sec. 76.006. EMPLOYEE STATUS; [AND] BENEFITS. (a) Except as
6-16 provided by Subsection (b) [(c)], department employees are not
6-17 state employees.
6-18 (b) Department employees are state employees for the
6-19 purposes of Chapter 104, Civil Practice and Remedies Code, and
6-20 Chapter 501, Labor Code. Notwithstanding Subsection (a), a
6-21 department employee is eligible to participate in the uniform group
6-22 insurance program established under the Texas Employees Uniform
6-23 Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas
6-24 Insurance Code) as provided by Section 3D of that Act.
6-25 (c) A [The] department shall contract for all employee
6-26 benefits with one county served by the department and designated
6-27 for that purpose by the district judge or judges. To the extent
7-1 that employee benefits are provided by a county under this
7-2 subsection, [and] the employees are governed by personnel policies
7-3 and benefits equal to personnel policies for and benefits of other
7-4 employees of that county. This subsection does not apply to
7-5 employee benefits for group insurance and related coverages
7-6 provided to employees of a department that participates in the
7-7 uniform group insurance program for state employees.
7-8 (d) [(b)] The judicial districts served by a department
7-9 shall pay the salaries of department employees.
7-10 (e) [(c) Department employees are state employees for the
7-11 purposes of Chapter 104, Civil Practice and Remedies Code, and
7-12 Chapter 501, Labor Code.]
7-13 [(d)] The attorney general has the duty to defend a
7-14 department for suits for injunctive, declaratory, or monetary
7-15 relief brought against it for any action not covered by an
7-16 indemnification policy, except any action brought by the state or
7-17 another political subdivision. The attorney general shall not
7-18 defend a department or its employees in cases in which a person
7-19 under supervision challenges the fact or duration of the
7-20 supervision.
7-21 (f) [(e)] The department shall provide information requested
7-22 by the attorney general that the attorney general considers
7-23 necessary for the defense or prosecution of any case brought under
7-24 this section.
7-25 (g) [(f)] The department shall provide transportation or
7-26 automobile allowances for officers who supervise defendants placed
7-27 on community supervision.
8-1 (h) [(g)] A document evaluating the performance of an
8-2 officer of the department who supervises defendants placed on
8-3 community supervision is confidential.
8-4 (i) [(h)] If under Subsection (c) [(a)] the district judge
8-5 or judges change the designation of the county providing employee
8-6 benefits, the district judge or judges may not subsequently change
8-7 that designation before the 10th anniversary of the date on which
8-8 the previous designation was made.
8-9 ARTICLE 3. TRANSITION
8-10 SECTION 3.01. (a) During the 2001-2002 state fiscal year,
8-11 the Employees Retirement System of Texas shall develop a plan for
8-12 the extension of benefits under the uniform group insurance program
8-13 to persons eligible for those benefits under Section 3D, Texas
8-14 Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
8-15 Vernon's Texas Insurance Code), as added by this Act. The system
8-16 may employ persons as necessary to implement this subsection.
8-17 (b) Coverage under Section 3D, Texas Employees Uniform Group
8-18 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
8-19 Code), as added by this Act, shall begin with the 2002-2003 state
8-20 fiscal year, but not later than September 1, 2002.
8-21 SECTION 3.02. For each community supervision and corrections
8-22 department that elects to participate in the uniform group
8-23 insurance program under Section 3D, Texas Employees Uniform Group
8-24 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
8-25 Code), as added by this Act, the commissioners court of the county
8-26 designated for the department under Section 76.006(a), Government
8-27 Code, as that section existed before amendment by this Act, shall,
9-1 not later than September 1, 2002, transfer from the employee
9-2 benefits program described by that section all records relating to
9-3 group insurance and related coverage of department employees and
9-4 retired employees, if applicable, under that program to the
9-5 Employees Retirement System of Texas.
9-6 SECTION 3.03. (a) This Act takes effect September 1, 2001,
9-7 except that Article 2 of this Act takes effect September 1, 2002.
9-8 (b) The Employees Retirement System of Texas shall adopt
9-9 rules as necessary to implement Section 3.01 of this Act not later
9-10 than December 31, 2001.