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.