By: Anchía, et al. (Senate Sponsor - Johnson) H.B. No. 1455
         (In the Senate - Received from the House May 2, 2023;
  May 4, 2023, read first time and referred to Committee on
  Jurisprudence; May 10, 2023, reported favorably by the following
  vote:  Yeas 4, Nays 1; May 10, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HughesX
         JohnsonX
         CreightonX
         HinojosaX
         MiddletonX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to health care benefits of persons wrongfully imprisoned.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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) 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.  The [This subsection does not entitle the] person's
  spouse and dependents may be included in the person's [or other
  dependent or family member to group health benefit plan] coverage
  as if the person were an employee of the department.  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.
         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. The person's spouse
  and dependents may be included in the person's coverage as if the
  person were an employee of the Texas Department of Criminal
  Justice[, except that this section does not entitle the person's
  spouse or other dependent or family member to coverage].
         SECTION 3.  A person who, before the effective date of this
  Act, obtained group health benefit plan coverage under Section
  103.001(d), Civil Practice and Remedies Code, and Section 1551.115,
  Insurance Code, as those laws existed before the effective date of
  this Act, may elect to include the person's spouse and dependents in
  the person's coverage as provided by Section 103.001(d), Civil
  Practice and Remedies Code, and Section 1551.115, Insurance Code,
  as amended by this Act.  An election under this section must be
  made:
               (1)  not later than March 1, 2024; or
               (2)  during any subsequent open enrollment period
  applicable to employees of the Texas Department of Criminal
  Justice.
         SECTION 4.  This Act takes effect September 1, 2023.
 
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