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78S40731 DLF-D

By:  Uresti                                                       H.B. No. 62 



A BILL TO BE ENTITLED

AN ACT

relating to coverage for certain school district employees under 
large and small health benefit plans.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 26, Insurance Code, is 
amended by adding Article 26.0365 to read as follows:
	Art. 26.0365.  SCHOOL DISTRICT EMPLOYEE ELECTION.  (a)  
Notwithstanding any other provision of this chapter, a school 
district employee who is eligible for coverage under a large or 
small employer health benefit plan providing coverage to the school 
district's employees and who is the spouse of another school 
district employee covered under the plan may elect whether to be 
treated under the plan as:
		(1)  an employee; or                                                   
		(2)  the dependent of the other employee.                              
	(b)  The commissioner shall adopt rules under Article 26.04 
of this code governing the manner in which an election under this 
article must be made.
	(c)  This article expires April 1, 2005.                                
	SECTION 2.  Subchapter A, Chapter 1501, Insurance Code, as 
effective April 1, 2005, is amended by adding Section 1501.0095 to 
read as follows:
	Sec. 1501.0095.  SCHOOL DISTRICT EMPLOYEE ELECTION.  (a)  
Notwithstanding any other provision of this chapter, a school 
district employee who is eligible for coverage under a large or 
small employer health benefit plan providing coverage to the school 
district's employees and who is the spouse of another school 
district employee covered under the plan may elect whether to be 
treated under the plan as:
		(1)  an employee; or                                                   
		(2)  the dependent of the other employee.                              
	(b)  The commissioner shall adopt rules under Section 
1501.010 governing the manner in which an election under this 
section must be made.
	SECTION 3.  The change in law made by this Act applies 
beginning with the 2004-2005 school year.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.