BILL ANALYSIS

C.S.H.B. 361

By: Anchia

Insurance

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Within the past three decades, more than 70 people have been exonerated by the State of Texas for crimes they did not commit. The hardships that accompany wrongful imprisonment can also be difficult for the wrongfully imprisoned person's dependents, who not only are deprived of the emotional support of their family member during the term of imprisonment but also suffer from the loss of an essential source of income. Since many wrongfully imprisoned persons face challenges finding gainful employment once released, the financial hardships experienced by the person's dependents may continue after the person's innocence has been established.   

Interested parties assert that such financial hardships could force the person's dependents to neglect their health care problems, including problems that may be a direct result of the stress caused by the wrongful imprisonment. Recent legislation allowed eligible wrongfully imprisoned persons to obtain health benefit plan coverage through the Texas Department of Criminal Justice. C.S.H.B. 361 seeks to extend that eligibility to the person's spouse or other dependent.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 361 amends the Civil Practice and Remedies Code and the Insurance Code to extend eligibility for health benefits coverage for a wrongfully imprisoned person to the person's spouse or other dependent by making the spouse or other dependent eligible to obtain group health benefit plan coverage through the Texas Department of Criminal Justice (TDCJ) as if the person were the spouse or other dependent of a TDCJ employee, as applicable. The bill requires a person who elects to obtain such coverage to pay a monthly contribution equal to the total amount of the monthly contributions for that coverage for the spouse or other dependent of a TDCJ employee, as applicable.

C.S.H.B. 361 applies its provisions to a person the comptroller of public accounts has determined to be eligible for compensation for wrongful imprisonment regardless of whether the eligibility determination is made before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 361 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 103.001(d), Civil Practice and Remedies Code, is amended to read as follows: (d)  Subject to this section, a person entitled to compensation under Subsection (a), or the person's spouse or other dependent or family member, is [also] eligible to obtain group health benefit plan coverage through the Texas Department of Criminal Justice as if the person were an employee of the department, or the spouse or other dependent or family member of an employee, as applicable. [This subsection does not entitle the person's spouse or other dependent or family member to group health benefit plan coverage.] Coverage may be obtained under this subsection for a period of time equal to the total period the claimant served for the crime for which the claimant was wrongfully imprisoned, including any period during which the claimant was released on parole or to mandatory supervision or required to register under Chapter 62, Code of Criminal Procedure. A person who elects to obtain coverage under this subsection shall pay a monthly contribution equal to the total amount of the monthly contributions for that coverage for an employee of the department, or the spouse or other dependent or family member of an employee, as applicable.	SECTION 1.  Section 103.001(d), Civil Practice and Remedies Code, is amended to read as follows: (d)  Subject to this section, a person entitled to compensation under Subsection (a), or the person's spouse or other dependent, is [also] eligible to obtain group health benefit plan coverage through the Texas Department of Criminal Justice as if the person were an employee of the department, or the spouse or other dependent of an employee, as applicable. [This subsection does not entitle the person's spouse or other dependent or family member to group health benefit plan coverage.] Coverage may be obtained under this subsection for a period of time equal to the total period the claimant served for the crime for which the claimant was wrongfully imprisoned, including any period during which the claimant was released on parole or to mandatory supervision or required to register under Chapter 62, Code of Criminal Procedure. A person who elects to obtain coverage under this subsection shall pay a monthly contribution equal to the total amount of the monthly contributions for that coverage for an employee of the department, or the spouse or other dependent of an employee, as applicable.  In this subsection, "dependent" has the meaning assigned by Section 1551.004, Insurance Code.
SECTION 2.  Section 1551.115, Insurance Code, is amended to read as follows: Sec. 1551.115.  PARTICIPATION BY WRONGFULLY IMPRISONED PERSONS.  Subject to Section 103.001, Civil Practice and Remedies Code, a person who is entitled to compensation under Chapter 103, Civil Practice and Remedies Code, is eligible to obtain health benefit plan coverage under the group benefits program in the manner and to the extent that an employee of the Texas Department of Criminal Justice would be entitled to coverage, including coverage for [except that this section does not entitle] the person's spouse or other dependent or family member [to coverage].	SECTION 2.  Section 1551.115, Insurance Code, is amended to read as follows: Sec. 1551.115.  PARTICIPATION BY WRONGFULLY IMPRISONED PERSONS.  Subject to Section 103.001, Civil Practice and Remedies Code, a person who is entitled to compensation under Chapter 103, Civil Practice and Remedies Code, is eligible to obtain health benefit plan coverage under the group benefits program in the manner and to the extent that an employee of the Texas Department of Criminal Justice would be entitled to coverage, including coverage for [except that this section does not entitle] the person's spouse or other dependent [or family member to coverage].
SECTION 3.  The change in law made by this Act applies to a person the comptroller of public accounts has determined to be eligible for compensation as provided by Section 103.051(b), Civil Practice and Remedies Code, regardless of whether the eligibility determination is made before, on, or after the effective date of this Act.	SECTION 3. Same as introduced version.
SECTION 4.  This Act takes effect September 1, 2013.	SECTION 4. Same as introduced version.