By: Zaffirini S.B. No. 42 (In the Senate - Filed November 10, 2008; February 10, 2009, read first time and referred to Committee on State Affairs; April 17, 2009, reported favorably by the following vote: Yeas 7, Nays 0; April 17, 2009, sent to printer.) A BILL TO BE ENTITLED AN ACT relating to the eligibility of certain postdoctoral fellows and graduate students to participate in health benefit programs at public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 1551, Insurance Code, is amended by adding Section 1551.1022 to read as follows: Sec. 1551.1022. PARTICIPATION ELIGIBILITY: CERTAIN POSTDOCTORAL FELLOWS AND GRADUATE STUDENTS. An individual is eligible to participate in the group benefits program as if the individual were an employee, regardless of whether the individual actually serves as an employee, if the individual, at an institution of higher education: (1) holds a postdoctoral fellowship; or (2) holds other fellowships awarded to the individual on a competitive basis that, either singly or in combination, are valued at not less than $10,000. SECTION 2. Subchapter C, Chapter 1601, Insurance Code, is amended by adding Section 1601.1021 to read as follows: Sec. 1601.1021. PARTICIPATION ELIGIBILITY: CERTAIN POSTDOCTORAL FELLOWS AND GRADUATE STUDENTS. An individual is eligible to participate in the uniform program as if the individual were an employee, regardless of whether the individual actually serves as an employee, if the individual, at an institution in a system: (1) holds a postdoctoral fellowship; or (2) holds other fellowships awarded to the individual on a competitive basis that, either singly or in combination, are valued at not less than $10,000. SECTION 3. Effective January 1, 2010, Subsection (d), Section 1601.101, Insurance Code, is repealed. SECTION 4. (a) The board of trustees of the Employees Retirement System of Texas shall include coverage under Section 1551.1022, Insurance Code, as added by this Act, in an insurance policy or contract or evidence of coverage delivered, issued for delivery, or renewed on or after January 1, 2010. The board of trustees may include coverage under Section 1551.1022, Insurance Code, as added by this Act, in an insurance policy or contract or an evidence of coverage delivered, issued for delivery, or renewed before January 1, 2010, if the board of trustees determines that the coverage may reasonably be included. (b) The governing board of The University of Texas System or The Texas A&M University System, as applicable, shall include coverage under Section 1601.1021, Insurance Code, as added by this Act, in an insurance policy or contract or evidence of coverage delivered, issued for delivery, or renewed on or after January 1, 2010. The governing board of a system may include coverage under Section 1601.1021, Insurance Code, as added by this Act, in an insurance policy or contract or an evidence of coverage delivered, issued for delivery, or renewed before January 1, 2010, if the governing board determines that the coverage may reasonably be included. SECTION 5. Except as otherwise provided by this Act, this Act takes effect September 1, 2009. * * * * *