86R6371 SCL-D
 
  By: Watson S.B. No. 448
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain claims against the administrator of employment
  benefits for the employees of a political subdivision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 180, Local Government Code, is amended
  by adding Section 180.008 to read as follows:
         Sec. 180.008.  LIABILITY FOR CERTAIN EMPLOYMENT BENEFIT
  CLAIMS. (a) In this section, "program administrator" means a
  person who manages or administers a plan or program of employee
  benefits, including a self-funded or insured health benefit plan.
  The term includes an administrator, as that term is defined by
  Section 4151.001, Insurance Code.
         (b)  Notwithstanding any other law, a program administrator
  that contracts with a political subdivision to manage or administer
  a plan or program of employee benefits for the political
  subdivision's employees is liable for a claim against the
  administrator, regardless of whether the political subdivision has
  governmental immunity, if:
               (1)  the claim arises from a duty of the administrator
  under the contract; and
               (2)  the administrator would otherwise be liable to the
  claimant under law.
         (c)  A program administrator may not assert a defense of
  governmental immunity to suit or liability for a claim against the
  administrator described by this section.  This section does not
  waive the governmental immunity to suit or liability of a political
  subdivision.
         SECTION 2.  The heading to Chapter 180, Local Government
  Code, is amended to read as follows:
  CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND
  EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND [CERTAIN] OTHER LOCAL
  GOVERNMENTS
         SECTION 3.  Section 180.008, Local Government Code, as added
  by this Act, applies only to an action that commences on or after
  the effective date of this Act. An action that commences before the
  effective date of this Act is governed by the law applicable to the
  action immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 4.  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.