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A BILL TO BE ENTITLED
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AN ACT
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relating to tobacco cessation programs for certain public employees |
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and their dependents and to the assessment of a fee on certain |
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public employees who use tobacco. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 1551, Insurance Code, is |
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amended by adding Section 1551.226 to read as follows: |
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Sec. 1551.226. TOBACCO CESSATION COVERAGE. (a) The board |
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of trustees shall develop a plan for providing under any health |
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benefit plan provided under the group benefits program tobacco |
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cessation coverage for participants. |
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(b) The plan developed under Subsection (a) must include |
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coverage for prescription drugs that aid participants in ceasing |
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the use of tobacco products. |
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SECTION 2. Subchapter G, Chapter 1551, Insurance Code, is |
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amended by adding Section 1551.3075 to read as follows: |
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Sec. 1551.3075. TOBACCO USER FEE. (a) The board of |
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trustees shall assess each participant in a health benefit plan |
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provided under the group benefits program who uses one or more |
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tobacco products a tobacco user fee, to be paid in monthly |
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installments. Except as provided by Subsection (b), the board of |
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trustees shall determine the amount of the monthly installments of |
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the fee. |
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(b) If the General Appropriations Act for a state fiscal |
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biennium sets the amount of the monthly installments of the tobacco |
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user fee for that biennium, the board of trustees shall assess the |
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fee during that biennium in the amount prescribed by the General |
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Appropriations Act. |
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SECTION 3. Section 1551.314, Insurance Code, is amended to |
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read as follows: |
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Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A |
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state contribution may not be: |
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(1) made for coverages under this chapter selected by |
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an individual who receives a state contribution, other than as a |
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spouse, dependent, or beneficiary, for coverages under a group |
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benefits program provided by an institution of higher education, as |
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defined by Section 61.003, Education Code; or |
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(2) made for or used to pay a tobacco user fee assessed |
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under Section 1551.3075. |
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SECTION 4. The heading to Subchapter E, Chapter 1575, |
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Insurance Code, is amended to read as follows: |
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SUBCHAPTER E. CONTRIBUTIONS AND COSTS |
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SECTION 5. Subchapter E, Chapter 1575, Insurance Code, is |
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amended by adding Section 1575.2055 to read as follows: |
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Sec. 1575.2055. TOBACCO USER FEE. The trustee may assess |
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each participant in a health benefit plan provided under the group |
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program who uses one or more tobacco products a tobacco user fee, to |
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be paid in monthly installments in an amount determined by the |
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trustee. A state contribution or public school contribution may |
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not be made for or used to pay a tobacco user fee assessed under this |
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section. |
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SECTION 6. The heading to Subchapter F, Chapter 1579, |
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Insurance Code, is amended to read as follows: |
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SUBCHAPTER F. CONTRIBUTIONS AND COSTS |
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SECTION 7. Subchapter F, Chapter 1579, Insurance Code, is |
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amended by adding Section 1579.256 to read as follows: |
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Sec. 1579.256. TOBACCO USER FEE. The trustee may assess |
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each participant in a health coverage plan provided under the |
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program who uses one or more tobacco products a tobacco user fee, to |
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be paid in monthly installments in an amount determined by the |
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trustee. A state contribution or a contribution made by a |
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participating entity may not be made for or used to pay a tobacco |
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user fee assessed under this section. |
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SECTION 8. Subchapter E, Chapter 1601, Insurance Code, is |
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amended by adding Section 1601.2025 to read as follows: |
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Sec. 1601.2025. TOBACCO USER FEE. The system may assess |
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each participant in the group health benefits program who uses one |
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or more tobacco products a tobacco user fee, to be paid in monthly |
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installments in an amount determined by the system. A system |
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contribution may not be made for or used to pay a tobacco user fee |
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assessed under this section. |
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SECTION 9. The board of trustees of the Employees |
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Retirement System of Texas shall develop and fully implement the |
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plan for providing tobacco cessation coverage as required by |
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Section 1551.226, Insurance Code, as added by this Act, and |
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implement the tobacco user fee required under Section 1551.3075, |
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Insurance Code, as added by this Act, not later than January 1, |
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2012. |
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SECTION 10. This Act takes effect September 1, 2011. |