By Carona                                              S.B. No. 135
         77R1529 PB-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
1-10     Texas School Employees Uniform Group Health Insurance Benefits Act.
1-11           Sec. 2.  DEFINITIONS.   In this article:
1-12                 (1)  "Administering firm" means any entity designated
1-13     by 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 each full-time
1-18     employee and 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 (26 U.S.C.
1-22     Section 125) and its subsequent amendments.
1-23                 (4)  "Employee" means a participating member of the
1-24     Teacher Retirement System of Texas who is employed by a
 2-1     participating school district and who is not covered by a group
 2-2     insurance program under the Texas Employees Uniform Group Insurance
 2-3     Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) or the
 2-4     Texas State College and University Employees Uniform Insurance
 2-5     Benefits Act (Article 3.50-3, Vernon's Texas Insurance Code).  The
 2-6     term does not include an individual performing personal services
 2-7     for a school district as an independent contractor.
 2-8                 (5)  "Health benefit plan" means any group policy or
 2-9     contract, medical, dental, or hospital service agreement,
2-10     membership or subscription contract, salary continuation plan,
2-11     health maintenance organization agreement, preferred provider
2-12     arrangement, or any similar group arrangement or any combination of
2-13     those policies, plans, contracts, agreements, or arrangements that
2-14     provides for, pays for, or reimburses expenses for health care
2-15     services, including comparable health care services for employees
2-16     and retirees who rely solely on spiritual means through prayer for
2-17     healing in accordance with the teaching of a recognized church or
2-18     denomination.
2-19                 (6)  "Retiree" means a person who:
2-20                       (A)  has retired under the Teacher Retirement
2-21     System of Texas with at least 10 years of credit for service in
2-22     public schools of this state or has retired under the Teacher
2-23     Retirement System of Texas for disability and is entitled to
2-24     receive an annuity from the system based on the person's service;
2-25     and
2-26                       (B)  is not eligible to participate in the group
2-27     insurance program provided under the Texas Employees Uniform Group
 3-1     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 3-2     Code) or the Texas State College and University Employees Uniform
 3-3     Insurance Benefits Act (Article 3.50-3, Vernon's Texas Insurance
 3-4     Code).
 3-5                 (7)  "Trustee" means the Teacher Retirement System of
 3-6     Texas.
 3-7           Sec. 3.  ADMINISTRATION.   (a)  The Teacher Retirement System
 3-8     of Texas, as trustee, shall implement and administer the statewide
 3-9     uniform group insurance program described by this article.
3-10           (b)  The trustee may hire and compensate employees.
3-11           (c)  The trustee may, on a competitive bid basis, contract
3-12     with a qualified, experienced firm of group insurance specialists
3-13     or an administering firm who will act for the trustee in the
3-14     capacity of independent administrators and managers of the program
3-15     authorized under this article. The independent administrator
3-16     selected by the trustee shall assist the trustee to ensure the
3-17     proper administration of this article and the coverages, services,
3-18     and benefits provided for or authorized by this article and shall
3-19     be paid by the trustee.
3-20           (d)  The trustee may enter into interagency contracts with
3-21     any agency of the state, including the Employees Retirement System
3-22     of Texas, for the purpose of assistance in implementing the program
3-23     provided by this article.
3-24           (e)  The trustee has the powers with regard to the program
3-25     described by this article that the Employees Retirement System of
3-26     Texas has in administering the Texas Employees Uniform Group
3-27     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 4-1     Code), including the power to adjudicate claims, expel participants
 4-2     from the program for cause, and adopt rules to administer this
 4-3     article.
 4-4           Sec. 4.  PARTICIPATION IN PROGRAM.   (a)  Each school
 4-5     district is required to participate in the program.
 4-6           (b)  Each full-time employee or retiree of a school district
 4-7     is automatically covered by the basic coverage for employees or
 4-8     retirees, as applicable, unless the employee or retiree
 4-9     specifically waives coverage or unless the employee or retiree is
4-10     expelled from the program.
4-11           (c)  Each part-time employee of a participating school
4-12     district is eligible to participate in the program provided by this
4-13     article on application in the manner provided by the trustee,
4-14     unless the employee has been expelled from the program. A
4-15     participating school district shall notify each of its part-time
4-16     employees of the employee's eligibility for participation in the
4-17     program.
4-18           Sec. 5.  GROUP COVERAGES.   (a)  The trustee shall establish
4-19     plans of group coverages for employees and retirees of school
4-20     districts and their dependents. The coverages shall be comparable
4-21     in scope and, to the greatest extent possible, in cost to the
4-22     coverages provided under the Texas Employees Uniform Group
4-23     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
4-24     Code) and may include group life coverages, health benefit plans,
4-25     accidental death and dismemberment coverages, coverages against
4-26     short-term or long-term loss of salary, and other coverages
4-27     considered advisable by the trustee.  Comparable plans of each type
 5-1     of coverage established must be offered to employees and retirees
 5-2     of all school districts.
 5-3           (b)  The trustee by rule may define the basic coverage in
 5-4     which each full-time employee or retiree participates unless
 5-5     specifically waived.  Basic coverage must include a health benefit
 5-6     plan.  The trustee by rule may define optional coverage, which may
 5-7     include coverage for dependents, and voluntary coverage.
 5-8           (c)  The trustee may provide a cafeteria plan for employees
 5-9     of school districts.
5-10           (d)  The trustee may determine that plans of coverages be
5-11     provided directly from the fund described by Section 7 of this
5-12     article rather than through the purchase of coverage.  Any
5-13     self-funded plan of coverages is exempt from any other provision of
5-14     this code unless the law specifically applies to the plan or to
5-15     this article.
5-16           Sec. 6.  PAYMENT OF CONTRIBUTIONS.   (a)  The state shall
5-17     contribute for each employee and retiree covered by the program an
5-18     amount equal to the amount the state contributes for participants
5-19     in the program provided under the Texas Employees Uniform Group
5-20     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
5-21     Code).
5-22           (b)  Each employee and retiree covered by the program shall
5-23     pay that portion of the cost of coverage selected by the employee
5-24     or retiree that exceeds the amount of state contributions.
5-25           Sec. 7.  FUND.  (a)  Contributions collected under Section 6
5-26     of this article and any amounts appropriated by the legislature for
5-27     contingency reserves or administrative expenses shall be deposited
 6-1     in the Texas school employees uniform group insurance trust fund.
 6-2     The fund is a trust fund with the comptroller.  The trustee may use
 6-3     amounts in the fund only to provide group coverages under this
 6-4     article and to pay the expenses of administering the program.
 6-5           (b)  The trustee may invest assets of the fund in the manner
 6-6     provided by Section 67(a)(3), Article XVI, Texas Constitution.
 6-7           SECTION 2.  Article 3.50-4, Insurance Code, is amended by
 6-8     adding Section 3A to read as follows:
 6-9           Sec. 3A.  TERMINATION OF PROGRAM AND TRANSFER OF PROPERTY.
6-10     (a)  The trustee shall transfer from the program established under
6-11     this article all coverages provided under the program and all
6-12     records relating to the program to the group insurance program
6-13     established under Article 3.50-7 of this code not later than the
6-14     date on which the program of coverages provided under Article
6-15     3.50-7 of this code is implemented.
6-16           (b)  The comptroller shall transfer from the program
6-17     established under this article all assets and liabilities of that
6-18     program to the group insurance program established under Article
6-19     3.50-7 of this code not later than the date on which the program of
6-20     coverages provided under Article 3.50-7 of this code is
6-21     implemented.
6-22           (c)  On the transfer of property described by this section,
6-23     the program provided by this article is terminated.
6-24           SECTION 3.  Article 3.51, Insurance Code, is amended by
6-25     adding Section 3 to read as follows:
6-26           Sec. 3.  Notwithstanding any other provision of this article,
6-27     a common or independent school district or any other agency or
 7-1     subdivision of the public school system of this state may not
 7-2     procure insurance contracts under this article and may not renew an
 7-3     insurance contract procured under this article after the date on
 7-4     which the program of coverages provided under Article 3.50-7 of
 7-5     this code is implemented.
 7-6           SECTION 4.  Section 26.036, Insurance Code, is amended by
 7-7     adding Subsection (c) to read as follows:
 7-8           (c)  An independent school district may not participate in
 7-9     the small employer market under this article and may not renew an
7-10     insurance contract obtained in accordance with this article after
7-11     the date on which the program of coverages provided under Article
7-12     3.50-7 of this code is implemented.
7-13           SECTION 5.  Section 22.004, Education Code, is amended by
7-14     adding Subsection (h) to read as follows:
7-15           (h)  Notwithstanding any other provision of this section, a
7-16     district may not make group health coverage  available to its
7-17     employees under this section after the date on which the program of
7-18     coverages provided under Article 3.50-7, Insurance Code, is
7-19     implemented.  A district is required to begin participating in the
7-20     program provided under Article 3.50-7, Insurance Code, on the later
7-21     of:
7-22                 (1)  the first day of the first school year beginning
7-23     after the date of implementation of Article 3.50-7, Insurance Code;
7-24     or
7-25                 (2)  the date on which the district's contract for
7-26     group health insurance coverage expires.
7-27           SECTION 6.  (a)  During the 2001-2002 school year, the
 8-1     Teacher Retirement System of Texas shall develop the plan or plans
 8-2     to be implemented and administered under Article 3.50-7, Insurance
 8-3     Code, as added by this Act.  The system may employ persons as
 8-4     necessary to implement this subsection.
 8-5           (b)  The Employees Retirement System of Texas shall enroll
 8-6     persons in the program provided under Article 3.50-7, Insurance
 8-7     Code, as added by this Act, beginning with the first school year
 8-8     for which the legislature makes an appropriation of contributions
 8-9     required by Section 6(a) of that article.
8-10           SECTION 7.  (a)  Except as provided by Subsection (b) of this
8-11     section, this Act takes effect September 1, 2001.
8-12           (b)  The Teacher Retirement System of Texas shall adopt rules
8-13     as necessary to implement Section 6 of this Act not later than
8-14     December 31, 2001.