86R1198 SMT-D
 
  By: Perry S.B. No. 439
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of certain insurance regulations to
  certain small employer health reimbursement arrangements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1501.003, Insurance Code, is amended to
  read as follows:
         Sec. 1501.003.  APPLICABILITY: SMALL EMPLOYER HEALTH
  BENEFIT PLANS; EXCEPTION. (a) Except as provided by Subsection
  (b), an [An] individual or group health benefit plan is a small
  employer health benefit plan subject to Subchapters C-H if it
  provides health care benefits covering two or more employees of a
  small employer and:
               (1)  the employer pays a portion of the premium or
  benefits;
               (2)  the employer or a covered individual treats the
  health benefit plan as part of a plan or program for purposes of
  Section 106 or 162, Internal Revenue Code of 1986 (26 U.S.C. Section
  106 or 162); or
               (3)  the health benefit plan is an employee welfare
  benefit plan under 29 C.F.R. Section 2510.3-1(j).
         (b)  This chapter does not apply to a qualified small
  employer health reimbursement arrangement as defined by 26 U.S.C.
  Section 9831(d)(2).
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.