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AN ACT
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relating to the eligibility of certain postdoctoral fellows and |
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graduate students to participate in health benefit programs at |
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public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 1551, Insurance Code, is |
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amended by adding Section 1551.1022 to read as follows: |
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Sec. 1551.1022. PARTICIPATION ELIGIBILITY: CERTAIN |
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POSTDOCTORAL FELLOWS AND GRADUATE STUDENTS. (a) An individual who |
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is not eligible to participate in the group benefits program under |
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Section 1551.101 is eligible to participate in the group benefits |
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program under this section if the individual, at an institution of |
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higher education: |
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(1) holds: |
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(A) a postdoctoral fellowship; or |
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(B) one or more graduate student fellowships |
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awarded to the individual on a competitive basis that, either |
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singly or in combination, are valued at not less than $10,000 per |
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year; and |
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(2) is currently receiving a stipend from an |
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applicable fellowship. |
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(b) An individual who is eligible to participate in the |
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group benefits program under this section shall pay all |
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contributions required under this chapter for the coverage selected |
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by the individual, except that an institution of higher education |
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may make contributions for the individual from available funds |
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other than money appropriated to the institution from the general |
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revenue fund. |
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(c) An institution of higher education shall determine |
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which individuals are eligible to participate in the group benefits |
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program under this section and, at the time of initial eligibility, |
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shall notify each individual of the individual's eligibility to |
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participate in the program. |
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(d) An individual who participates in the group benefits |
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program under this section is not considered an employee of an |
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institution of higher education solely as a result of the |
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individual's participation in the program. |
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SECTION 2. Section 1551.151, Insurance Code, is amended to |
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read as follows: |
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Sec. 1551.151. ENTITLEMENT TO COVERAGE. An individual who |
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is eligible to participate in the group benefits program under |
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Section 1551.101, [or] 1551.102, or 1551.1022 is entitled to secure |
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for a dependent of the individual any group coverages provided |
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under this chapter, as determined by the board of trustees and |
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subject to the exceptions provided by this subchapter. |
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SECTION 3. Subchapter C, Chapter 1601, Insurance Code, is |
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amended by adding Section 1601.1021 to read as follows: |
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Sec. 1601.1021. PARTICIPATION ELIGIBILITY: CERTAIN |
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POSTDOCTORAL FELLOWS AND GRADUATE STUDENTS. (a) An individual who |
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is not eligible to participate in the uniform program under Section |
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1601.101 is eligible to participate in the uniform program under |
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this section if the individual, at an institution in a system: |
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(1) holds: |
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(A) a postdoctoral fellowship; or |
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(B) one or more graduate student fellowships |
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awarded to the individual on a competitive basis that, either |
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singly or in combination, are valued at not less than $10,000 per |
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year; and |
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(2) is currently receiving a stipend from an |
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applicable fellowship. |
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(b) An individual who is eligible to participate in the |
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uniform program under this section shall pay all contributions |
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required under this chapter for the coverage selected by the |
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individual, except that an institution of higher education may make |
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contributions for the individual from available funds other than |
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money appropriated to the institution from the general revenue |
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fund. |
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(c) An institution of higher education shall determine |
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which individuals are eligible to participate in the uniform |
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program under this section and, at the time of initial eligibility, |
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shall notify each individual of the individual's eligibility to |
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participate in the program. |
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(d) An individual who participates in the uniform program |
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under this section is not considered an employee of an institution |
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of higher education solely as a result of the individual's |
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participation in the program. |
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SECTION 4. Section 1601.107, Insurance Code, is amended to |
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read as follows: |
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Sec. 1601.107. COVERAGE FOR DEPENDENTS. An individual who |
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is eligible to participate in the uniform program under Section |
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1601.101, [or] 1601.102, or 1601.1021 is entitled to secure for a |
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dependent of the individual any group coverages provided under this |
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chapter for dependents under rules adopted by the applicable |
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system. |
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SECTION 5. Effective January 1, 2012, Subsection (d), |
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Section 1601.101, Insurance Code, is repealed. |
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SECTION 6. (a) The board of trustees of the Employees |
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Retirement System of Texas shall include coverage under Section |
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1551.1022, Insurance Code, as added by this Act, in an insurance |
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policy or contract or evidence of coverage delivered, issued for |
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delivery, or renewed on or after January 1, 2012. The board of |
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trustees may include coverage under Section 1551.1022, Insurance |
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Code, as added by this Act, in an insurance policy or contract or an |
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evidence of coverage delivered, issued for delivery, or renewed |
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before January 1, 2012, if the board of trustees determines that the |
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coverage may reasonably be included. |
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(b) The governing board of The University of Texas System or |
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The Texas A&M University System, as applicable, shall include |
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coverage under Section 1601.1021, Insurance Code, as added by this |
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Act, in an insurance policy or contract or evidence of coverage |
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delivered, issued for delivery, or renewed on or after January 1, |
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2012. The governing board of a system may include coverage under |
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Section 1601.1021, Insurance Code, as added by this Act, in an |
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insurance policy or contract or an evidence of coverage delivered, |
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issued for delivery, or renewed before January 1, 2012, if the |
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governing board determines that the coverage may reasonably be |
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included. |
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SECTION 7. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 29 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 29 passed the House on |
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May 23, 2011, by the following vote: Yeas 145, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |