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A BILL TO BE ENTITLED
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AN ACT
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relating to certain claims against the administrator of employment |
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benefits for the employees of a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.008 to read as follows: |
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Sec. 180.008. LIABILITY FOR CERTAIN EMPLOYMENT BENEFIT |
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CLAIMS. (a) In this section, "program administrator" means a |
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person who manages or administers a plan or program of employee |
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benefits, including a self-funded or insured health benefit plan. |
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The term includes an administrator, as that term is defined by |
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Section 4151.001, Insurance Code. |
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(b) Notwithstanding any other law, a program administrator |
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that contracts with a political subdivision to manage or administer |
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a plan or program of employee benefits for the political |
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subdivision's employees is liable for a claim against the |
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administrator, regardless of whether the political subdivision has |
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governmental immunity, if: |
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(1) the claim arises from a duty of the administrator |
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under the contract; and |
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(2) the administrator would otherwise be liable to the |
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claimant under law. |
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(c) A program administrator may not assert a defense of |
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governmental immunity to suit or liability for a claim against the |
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administrator described by this section. This section does not |
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waive the governmental immunity to suit or liability of a political |
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subdivision. |
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SECTION 2. The heading to Chapter 180, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND |
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EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND [CERTAIN] OTHER LOCAL |
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GOVERNMENTS |
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SECTION 3. Section 180.008, Local Government Code, as added |
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by this Act, applies only to an action that commences on or after |
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the effective date of this Act. An action that commences before the |
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effective date of this Act is governed by the law applicable to the |
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action immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |