Bill Text: TX HB4153 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the compensation and benefits of persons wrongfully imprisoned.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB4153 Detail]
Download: Texas-2019-HB4153-Comm_Sub.html
86R20738 BRG-D | |||
By: Anchia, Zerwas, Rose, Schaefer, Longoria, | H.B. No. 4153 | ||
et al. | |||
Substitute the following for H.B. No. 4153: | |||
By: Longoria | C.S.H.B. No. 4153 |
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relating to the compensation and 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 [ |
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spouse and dependents may be included in the person's [ |
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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 103.0535, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (d) and adding Subsection | ||
(d-1) to read as follows: | ||
(d) An election under this section must be made not later | ||
than the 45th day after the date: | ||
(1) on which the claimant files with the comptroller | ||
the application required by Section 103.051; or | ||
(2) on which the claimant experiences one of the | ||
following life-changing events: | ||
(A) a change in the employment status of the | ||
claimant or a spouse, dependent, or beneficiary of the claimant; | ||
(B) marriage or divorce of the claimant; | ||
(C) the addition of a dependent of the claimant; | ||
or | ||
(D) the death of a dependent, spouse, or | ||
beneficiary of the claimant. | ||
(d-1) An election under Subsection (d) must be made on a | ||
form prescribed by the comptroller that: | ||
(1) identifies the claimant's spouse or designated | ||
beneficiary according to Section 103.0536; and | ||
(2) specifies the option selected under Subsection | ||
(c). | ||
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, as the law 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, as amended | ||
by this Act. An election under this section must be made: | ||
(1) not later than March 1, 2020; or | ||
(2) during any subsequent open enrollment period | ||
applicable to employees of the Texas Department of Criminal | ||
Justice. | ||
SECTION 4. (a) Notwithstanding Section 103.0535(d), Civil | ||
Practice and Remedies Code, as amended by this Act, a person | ||
entitled to compensation under Section 103.001(a), Civil Practice | ||
and Remedies Code, who started receiving annuity payments before | ||
the effective date of this Act may elect to receive any remaining | ||
payments as alternative annuity payments under Section 103.0535, | ||
Civil Practice and Remedies Code, as amended by this Act, by filing | ||
the form described by Section 103.0535(d-1), Civil Practice and | ||
Remedies Code, as added by this Act, with the comptroller after | ||
December 31, 2019, and before March 1, 2020. The value of | ||
alternative annuity payments elected under this subsection must be | ||
actuarially equivalent to the remaining value of the annuity | ||
payments the person would receive absent the election. This | ||
subsection does not affect the ability of a person described by this | ||
subsection to make an election under Section 103.0535(d), Civil | ||
Practice and Remedies Code, as amended by this Act, following a | ||
life-changing event described by that subsection. | ||
(b) Not later than December 1, 2019, the comptroller shall | ||
provide notice to all persons entitled to compensation under | ||
Section 103.001(a), Civil Practice and Remedies Code, of: | ||
(1) the opportunity described by Subsection (a) of | ||
this section to elect to receive alternative annuity payments under | ||
Section 103.0535, Civil Practice and Remedies Code, as amended by | ||
this Act; | ||
(2) the opportunity to elect to receive alternative | ||
annuity payments after a life-changing event under Section | ||
103.0535(d), Civil Practice and Remedies Code, as amended by this | ||
Act; and | ||
(3) the opportunity to obtain group health benefit | ||
plan coverage for a spouse or dependent under Section 103.001(d), | ||
Civil Practice and Remedies Code, as amended by this Act. | ||
(c) The comptroller shall provide the notice required by | ||
Subsection (b) of this section by: | ||
(1) certified mail to a person's last known address; | ||
and | ||
(2) phone call to the phone number that the | ||
comptroller has on file for the person. | ||
SECTION 5. This Act takes effect September 1, 2019. |