By: Jackson S.B. No. 2040

(In the Senate - Filed April 27, 2007; April 27, 2007, read first time and referred to Committee on State Affairs; May 3, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 3, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 2040 By: Jackson

A BILL TO BE ENTITLED

AN ACT

relating to coverage for bariatric surgical procedures for certain state employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 6, Government Code, is amended by adding Chapter 672 to read as follows: CHAPTER 672. BARIATRIC SURGERY BENEFITS FOR STATE EMPLOYEES

Sec. 672.001. DEFINITION. In this chapter, "state agency" means a department, institution, commission, or other agency of the state.

Sec. 672.002. PROVISION OF BENEFIT. (a) In this section, "service" means personal service to the state creditable in accordance with rules adopted by the board of trustees of the Employees Retirement System of Texas.

(b) Except as provided by Subsection (c), a state agency may use available public funds to provide to an employee of the state agency with at least five years of service coverage for the expenses of bariatric surgical procedures.

(c) Coverage may not be provided to an employee under this section to the extent that coverage is available to the employee under Chapter 1551, Insurance Code.

SECTION 2. (a) An interim committee is created to study the cost that the state would be expected to incur and the benefits the state would be expected to realize by providing coverage for bariatric surgical procedures for state employees. The committee shall also study the short-term and long-term risks and benefits to overweight or obese individuals of weight loss accomplished through bariatric surgical procedures or other methods, in terms of the individuals' health, well-being, and productivity. The committee's study must include, to the extent feasible, a study of the costs incurred and benefits realized by any agency or political subdivision of the state that has provided benefits for bariatric surgical procedures to the employees of the agency or political subdivision and the outcomes realized by those employees. An agency or political subdivision that provides a benefit described by this subsection shall provide the committee with any information related to the provision of those benefits, other than information that would identify the recipient of the benefit.

(b) The committee consists of the following five members:

(1) two senators appointed by the lieutenant governor;

(2) two representatives appointed by the speaker of the house of representatives; and

(3) one member appointed by the governor, who shall serve as the committee's presiding officer.

(c) The committee shall convene at the call of the presiding officer.

(d) The committee has all other powers and duties provided to a special or select committee by the rules of the senate and house of representatives, by Subchapter B, Chapter 301, Government Code, and by policies of the senate and house committees on administration.

(e) From the contingent expense fund of the senate and the contingent expense fund of the house of representatives equally, the members of the committee are entitled to reimbursement for expenses incurred in carrying out the provisions of this section in accordance with the rules of the senate and house of representatives and the policies of the senate and house committees on administration.

(f) Not later than January 15, 2009, the committee shall report the committee's findings and recommendations to the lieutenant governor, the speaker of the house of representatives, and the governor. The committee shall include in its recommendations specific statutory changes that appear necessary or advisable from the results of the committee's study under Subsection (a) of this section, including changes to Chapter 1551, Insurance Code.

(g) Not later than the 60th day after the effective date of this Act, the lieutenant governor, the speaker of the house of representatives, and the governor shall appoint the members of the interim committee created under this section.

(h) This section expires September 1, 2009.

SECTION 3. This Act takes effect September 1, 2007.

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