Bill Text: TX SB1686 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to group health benefits coverage for persons wrongfully imprisoned.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-09-07 - Nonrecord vote recorded in Journal [SB1686 Detail]
Download: Texas-2011-SB1686-Enrolled.html
S.B. No. 1686 |
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relating to group health benefits coverage for persons wrongfully | ||
imprisoned. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 103.001, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION AND HEALTH | ||
BENEFITS COVERAGE. | ||
SECTION 2. Section 103.001, Civil Practice and Remedies | ||
Code, is amended by adding Subsections (d) and (e) 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. This subsection does not entitle the person's spouse | ||
or other dependent or family member to group health benefit plan | ||
coverage. 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. | ||
(e) Notwithstanding Section 103.053(c), annuity payments | ||
may be reduced by an amount necessary to make the payments required | ||
by Subsection (d), and that amount shall be transferred to an | ||
appropriate account as provided by the comptroller by rule to fund | ||
that coverage. | ||
SECTION 3. Section 103.051, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (f) to read as follows: | ||
(f) To apply for coverage through the Texas Department of | ||
Criminal Justice under Section 103.001(d), the claimant must file | ||
with the department: | ||
(1) an application for coverage provided for that | ||
purpose by the department; and | ||
(2) a statement by the comptroller that the | ||
comptroller has determined the claimant to be eligible for | ||
compensation under this subchapter. | ||
SECTION 4. Subchapter C, Chapter 1551, Insurance Code, is | ||
amended by adding Section 1551.115 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, except that this | ||
section does not entitle the person's spouse or other dependent or | ||
family member to coverage. | ||
SECTION 5. The change in law made by this Act applies to a | ||
person the comptroller of public accounts has determined to be | ||
eligible for compensation as provided by Subsection (b), Section | ||
103.051, Civil Practice and Remedies Code, regardless of whether | ||
the eligibility determination is made before, on, or after the | ||
effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1686 passed the Senate on | ||
April 29, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 26, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1686 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |