By Haggerty                                           H.B. No. 1076
         77R4660 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to participation by employees of community supervision and
 1-3     corrections departments in the uniform group insurance program for
 1-4     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 of a community supervision and corrections
2-25     department shall be treated as an employee for purposes of this Act
2-26     only as provided by Section 3D of this Act.
2-27           SECTION 1.03. Section 3(a), Texas Employees Uniform Group
 3-1     Insurance  Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 3-2     Code), is amended by adding Subdivision (24) to read as follows:
 3-3                 (24)  "Employee of a community supervision and
 3-4     corrections department" means an employee of a department
 3-5     established under Chapter 76, Government Code.
 3-6           SECTION 1.04. The Texas Employees Uniform Group Insurance
 3-7     Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
 3-8     amended by adding Section 3D to read as follows:
 3-9           Sec. 3D.  PARTICIPATION BY COMMUNITY SUPERVISION AND
3-10     CORRECTIONS DEPARTMENTS. (a)  A community supervision and
3-11     corrections department of this state may participate in the uniform
3-12     group insurance program administered by the trustee under this Act.
3-13     Participation under this section is limited to the active employees
3-14     of the community supervision and corrections department and the
3-15     eligible dependents of those  employees.
3-16           (b)  Each full-time active employee of a participating
3-17     community supervision and corrections department is automatically
3-18     covered by the basic coverage for employees unless the employee
3-19     specifically waives coverage or unless the employee is  expelled
3-20     from the program.  Each part-time active employee of a
3-21     participating community supervision and corrections department is
3-22     eligible to participate in the uniform group insurance program on
3-23     application in the manner provided by the trustee, unless the
3-24     employee has been expelled from the program.  A participating
3-25     community supervision and corrections department shall notify each
3-26     of its part-time employees of the employee's eligibility for
3-27     participation.
 4-1           (c)  An employee described by this section is not eligible to
 4-2     receive a state contribution for premiums.  The employing community
 4-3     supervision and corrections department is responsible for payment
 4-4     of the contributions that the state would make if the community
 4-5     supervision and corrections department employees were state
 4-6     employees.  A community supervision and corrections department
 4-7     shall contribute for each department employee covered by the
 4-8     uniform group insurance program an amount equal to 100 percent of
 4-9     the cost for the employee only of the basic coverage authorized by
4-10     the trustee for active employees.  Each covered employee shall pay
4-11     that portion of the cost of group coverages selected by the
4-12     employee that exceeds the amount of department  contributions.
4-13           (d)  All contributions received under this section from
4-14     community supervision and corrections departments and active
4-15     employees of community supervision and corrections departments for
4-16     basic, optional, and voluntary coverages under the uniform group
4-17     insurance program shall be paid into the employees life, accident,
4-18     and health insurance and benefits fund and shall be used by the
4-19     trustee to provide those coverages as provided by this Act.
4-20           (e)  A community supervision and corrections department that
4-21     elects to participate in the uniform group insurance program must
4-22     notify the trustee not later than December 31, 2001.
4-23                      ARTICLE 2.  CONFORMING AMENDMENT
4-24           SECTION 2.01.  Section 76.006, Government Code, is amended to
4-25     read as follows:
4-26           Sec. 76.006.  EMPLOYEE STATUS; [AND] BENEFITS. (a)  Except as
4-27     provided by Subsection (b) [(c)], department employees are not
 5-1     state employees.
 5-2           (b)  Department employees are state employees for the
 5-3     purposes of Chapter 104, Civil Practice and Remedies Code, and
 5-4     Chapter 501, Labor Code.  Notwithstanding Subsection (a), a
 5-5     department employee is eligible to participate in the uniform group
 5-6     insurance program established under the Texas Employees Uniform
 5-7     Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas
 5-8     Insurance Code) as provided by Section 3D of that Act.
 5-9           (c)  A [The] department shall contract for all employee
5-10     benefits with one county served by the department and designated
5-11     for that purpose by the district judge or judges. To the extent
5-12     that employee benefits are provided by a county under this
5-13     subsection, [and] the employees are governed by personnel policies
5-14     and benefits equal to personnel policies for and benefits of other
5-15     employees of that county.  This subsection does not apply to
5-16     employee benefits for group insurance and related coverages
5-17     provided to employees of a department that participates in the
5-18     uniform group insurance program for state employees.
5-19           (d) [(b)]  The judicial districts served by a department
5-20     shall pay the salaries of department employees.
5-21           (e) [(c)  Department employees are state employees for the
5-22     purposes of Chapter 104, Civil Practice and Remedies Code, and
5-23     Chapter 501, Labor Code.]
5-24           [(d)]  The attorney general has the duty to defend a
5-25     department for suits for injunctive, declaratory, or monetary
5-26     relief brought against it for any action not covered by an
5-27     indemnification policy, except any action brought by the state or
 6-1     another political subdivision.  The attorney general shall not
 6-2     defend a department or its employees in cases in which a person
 6-3     under supervision challenges the fact or duration of the
 6-4     supervision.
 6-5           (f) [(e)]  The department shall provide information requested
 6-6     by the attorney general that the attorney general considers
 6-7     necessary for the defense or prosecution of any case brought under
 6-8     this section.
 6-9           (g) [(f)]  The department shall provide transportation or
6-10     automobile allowances for officers who supervise defendants placed
6-11     on community supervision.
6-12           (h) [(g)]  A document evaluating the performance of an
6-13     officer of the department who supervises defendants placed on
6-14     community supervision is confidential.
6-15           (i) [(h)]  If under Subsection (c) [(a)] the district judge
6-16     or judges change the designation of the county providing employee
6-17     benefits, the district judge or judges may not subsequently change
6-18     that designation before the 10th anniversary of the date on which
6-19     the previous designation was made.
6-20                           ARTICLE 3.  TRANSITION
6-21           SECTION 3.01.  (a)  During the 2001-2002 state fiscal year,
6-22     the Employees Retirement System of Texas shall develop a plan for
6-23     the extension of benefits under the uniform group insurance program
6-24     to persons eligible for those benefits under Section 3D, Texas
6-25     Employees Uniform Group Insurance  Benefits Act (Article 3.50-2,
6-26     Vernon's Texas Insurance Code), as added by this Act.  The system
6-27     may employ persons as necessary to implement this subsection.
 7-1           (b)  Coverage under Section 3D, Texas Employees Uniform Group
 7-2     Insurance  Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 7-3     Code), as added by this Act, shall begin with the 2002-2003 state
 7-4     fiscal year, but not later than September 1, 2002.
 7-5           SECTION 3.02. For each community supervision and corrections
 7-6     department that elects to participate in the uniform group
 7-7     insurance program under Section 3D, Texas Employees Uniform Group
 7-8     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 7-9     Code), as added by this Act, the commissioners court of the county
7-10     designated for the department under Section 76.006(a), Government
7-11     Code, as that section existed before amendment by this Act, shall,
7-12     not later than September 1, 2002, transfer from the employee
7-13     benefits program described by that section all records relating to
7-14     group insurance and related coverage of active department employees
7-15     under that program to the Employees Retirement System of Texas.
7-16           SECTION 3.03. (a)  This Act takes effect September 1, 2001,
7-17     except that Article 2 of this Act takes effect September 1, 2002.
7-18           (b)  The Employees Retirement System of Texas shall adopt
7-19     rules as necessary to implement Section 3.01 of this Act not later
7-20     than December 31, 2001.