By Farabee H.B. No. 2211
77R5698 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation by employees of certain community centers
1-3 in the uniform group insurance program for state employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. PARTICIPATION BY COMMUNITY CENTERS IN
1-6 UNIFORM GROUP INSURANCE PROGRAM FOR STATE EMPLOYEES
1-7 SECTION 1.01. Section 2, Texas Employees Uniform Group
1-8 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
1-9 Code), is amended to read as follows:
1-10 Sec. 2. PURPOSES. It is hereby declared that the purposes of
1-11 this Act are:
1-12 (a) to provide uniformity in life, accident, and
1-13 health benefits coverages on all employees of the State of Texas
1-14 and their dependents;
1-15 (b) to enable the State of Texas to attract and retain
1-16 competent and able employees by providing them and their dependents
1-17 with life, accident, and health benefits coverages at least equal
1-18 to those commonly provided in private industry;
1-19 (c) to foster, promote, and encourage employment by
1-20 and service to the State of Texas as a career profession for
1-21 persons of high standards of competence and ability;
1-22 (d) to recognize and protect the state's investment in
1-23 each permanent employee by promoting and preserving economic
1-24 security and good health among state employees and their
2-1 dependents;
2-2 (e) to foster and develop high standards of
2-3 employer-employee relationships between the State of Texas and its
2-4 employees;
2-5 (f) to recognize the service to the state by elected
2-6 state officials by extending to them and their dependents the same
2-7 life, accident, and health benefits coverages as are provided
2-8 herein for state employees and their dependents; [and]
2-9 (g) to recognize the long and faithful service and
2-10 dedication of employees of the State of Texas and to encourage them
2-11 to remain in state service until eligible for retirement by
2-12 providing health benefits for such employees and their dependents;
2-13 and
2-14 (h) to recognize the service to the state by employees
2-15 of community centers by extending to them and their dependents the
2-16 same life, accident, and health benefits coverages as are provided
2-17 in this Act for state employees and their dependents.
2-18 SECTION 1.02. Section 3(a)(5), Texas Employees Uniform Group
2-19 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
2-20 Code), is amended by adding Paragraph (E) to read as follows:
2-21 (E) An employee of a community center shall be
2-22 treated as an employee for purposes of this Act only as provided by
2-23 Section 3E of this Act.
2-24 SECTION 1.03. Section 3(a), Texas Employees Uniform Group
2-25 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
2-26 Code), is amended by adding Subdivision (25) to read as follows:
2-27 (25) "Employee of a community center" means an
3-1 employee of a center established under Subchapter A, Chapter 534,
3-2 Health and Safety Code.
3-3 SECTION 1.04. The Texas Employees Uniform Group Insurance
3-4 Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
3-5 amended by adding Section 3E to read as follows:
3-6 Sec. 3E. PARTICIPATION BY COMMUNITY CENTERS. (a) A
3-7 community center established under Subchapter A, Chapter 534,
3-8 Health and Safety Code, may participate in the uniform group
3-9 insurance program administered by the trustee under this Act.
3-10 Participation under this section is limited to the active employees
3-11 of the community center and the eligible dependents of those
3-12 employees.
3-13 (b) Each full-time active employee of a participating
3-14 community center is automatically covered by the basic coverage for
3-15 employees unless the employee specifically waives coverage or
3-16 unless the employee is expelled from the program. Each part-time
3-17 active employee of a participating community center is eligible to
3-18 participate in the uniform group insurance program on application
3-19 in the manner provided by the trustee, unless the employee has been
3-20 expelled from the program. A participating community center shall
3-21 notify each of its part-time employees of the employee's
3-22 eligibility for participation.
3-23 (c) An employee described by this section is not eligible to
3-24 receive a state contribution for premiums. The board of trustees
3-25 of the participating community center is responsible for payment of
3-26 the contributions that the state would make if the community center
3-27 employees were state employees. The board of trustees of a
4-1 participating community center shall contribute for each employee
4-2 covered by the uniform group insurance program an amount equal to
4-3 100 percent of the cost for the employee only of the basic coverage
4-4 authorized by the trustee for active employees. Each covered
4-5 employee shall pay that portion of the cost of group coverages
4-6 selected by the employee that exceeds the amount of department
4-7 contributions.
4-8 (d) All contributions received under this section from
4-9 community centers and active employees of community centers for
4-10 basic, optional, and voluntary coverages under the uniform group
4-11 insurance program shall be paid into the employees life, accident,
4-12 and health insurance and benefits fund and shall be used by the
4-13 trustee to provide those coverages as provided by this Act.
4-14 (e) A community center that elects to participate in the
4-15 uniform group insurance program must notify the trustee not later
4-16 than December 31, 2001.
4-17 ARTICLE 2. CONFORMING AMENDMENT
4-18 SECTION 2.01. Section 534.011, Health and Safety Code, is
4-19 amended to read as follows:
4-20 Sec. 534.011. PERSONNEL; BENEFITS. (a) The executive
4-21 director, in accordance with the policies of the board of trustees,
4-22 shall employ and train personnel to administer the community
4-23 center's programs and services. The community center may recruit
4-24 those personnel and contract for recruiting and training purposes.
4-25 (b) The board of trustees shall provide employees of the
4-26 community center with appropriate rights and[,] privileges[, and
4-27 benefits].
5-1 (c) The board of trustees shall provide appropriate
5-2 benefits, including group benefits subject to Subsection (g), to
5-3 employees of the community center. The board of trustees may
5-4 provide workers' compensation benefits.
5-5 (d) The board of trustees shall prescribe the number of
5-6 employees and their salaries. The board of trustees may choose to
5-7 set salaries and benefits, other than group benefits subject to
5-8 Subsection (g), in compliance with a market analysis or internal
5-9 salary study. If an internal salary study is used, the board of
5-10 trustees shall conduct the study in accordance with the guidelines
5-11 established by the commissioner.
5-12 (e) Instead of using a market analysis or internal salary
5-13 study to establish salaries and benefits, the board of trustees may
5-14 use the state position classification plan and the General
5-15 Appropriations Act to determine the appropriate classification and
5-16 relative compensation of officers and employees. The board of
5-17 trustees may pay salaries in amounts less than those provided by
5-18 the General Appropriations Act. For a position not on the
5-19 classification plan, the board of trustees shall set the
5-20 compensation according to guidelines adopted by the commissioner.
5-21 The board of trustees may petition the department for approval to
5-22 exclude a position from the position classification plan and to
5-23 provide a stated salary for that position that exceeds the amount
5-24 prescribed by the General Appropriations Act for the classified
5-25 position.
5-26 (f) During a management audit of a community center, the
5-27 department is entitled to confirm the method the center used to
6-1 determine salaries and benefits.
6-2 (g) Employees of a community center are eligible to
6-3 participate in the uniform group insurance program established
6-4 under the Texas Employees Uniform Group Insurance Benefits Act
6-5 (Article 3.50-2, Vernon's Texas Insurance Code) as provided by
6-6 Section 3E of that Act.
6-7 ARTICLE 3. TRANSITION; EFFECTIVE DATE
6-8 SECTION 3.01. (a) During the 2001-2002 state fiscal year,
6-9 the Employees Retirement System of Texas shall develop a plan for
6-10 the extension of benefits under the uniform group insurance program
6-11 to persons eligible for those benefits under Section 3E, Texas
6-12 Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
6-13 Vernon's Texas Insurance Code), as added by this Act. The system
6-14 may employ persons as necessary to implement this subsection.
6-15 (b) Coverage under Section 3E, Texas Employees Uniform Group
6-16 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
6-17 Code), as added by this Act, shall begin with the 2002-2003 state
6-18 fiscal year, but not later than September 1, 2002.
6-19 SECTION 3.02. For each community center established under
6-20 Subchapter A, Chapter 534, Health and Safety Code, that elects to
6-21 participate in the uniform group insurance program under Section
6-22 3E, Texas Employees Uniform Group Insurance Benefits Act (Article
6-23 3.50-2, Vernon's Texas Insurance Code), as added by this Act, the
6-24 board of trustees of the community center shall, not later than
6-25 September 1, 2002, transfer from any employee benefits program
6-26 described by Section 534.011, Health and Safety Code, as that
6-27 section existed before amendment by this Act, all records relating
7-1 to group insurance and related coverage of active community center
7-2 employees under that program to the Employees Retirement System of
7-3 Texas.
7-4 SECTION 3.03. (a) This Act takes effect September 1, 2001,
7-5 except that Article 2 of this Act takes effect September 1, 2002.
7-6 (b) The Employees Retirement System of Texas shall adopt
7-7 rules as necessary to implement Section 3.01 of this Act not later
7-8 than December 31, 2001.