81R34085 E
By: Zaffirini S.B. No. 42
Substitute the following for S.B. No. 42:
By: Branch C.S.S.B. No. 42
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain employees, 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. (a) An individual is
eligible to participate in the group benefits program if the
individual, at an institution of higher education:
(1) holds a postdoctoral fellowship; or
(2) holds other graduate fellowships awarded to the
individual on a competitive basis that, either singly or in
combination, are valued at not less than $10,000.
(b) An institution of higher education at which an
individual holds a fellowship described by Subsection (a) is
responsible for payment of the contributions for the individual.
Each participant shall contribute that portion of the cost of the
group coverage selected by the individual that exceeds the amount
of contribution funded by the institution. All portions of the
contribution funded by the institution shall be made in proportion
to the source of funds from which the fellowship is paid, to the
extent allowed by the terms of the fellowship.
(c) An institution of higher education shall, at the time of
initial eligibility, notify each of the individuals eligible to
participate in the group benefits program under Subsection (a) of
the individual's eligibility to participate in the program.
SECTION 2. Subchapter G, Chapter 1551, Insurance Code, is
amended by adding Section 1551.3111 to read as follows:
Sec. 1551.3111. AMOUNT OF STATE CONTRIBUTION FOR CERTAIN
JUNIOR COLLEGE EMPLOYEES. (a) In determining the amount to be
certified under Section 1551.311, the board of trustees shall
include eligible public junior college employees.
(b) For purposes of this section, a public junior college
employee is eligible if the employee is:
(1) otherwise eligible to participate in the group
benefits program; and
(2) an instructional or administrative employee whose
salary may be fully paid from funds appropriated under the General
Appropriations Act, regardless of whether the salary is actually
paid from appropriated funds.
(c) In determining the amount described in Subsection (a),
the number of eligible employees included for each college in each
biennium shall be adjusted in proportion to the change in student
enrollment at each college during the reporting period, except that
a college that experiences a decline in student enrollment may
petition to maintain the number of eligible employees at the same
level as the prior biennium.
SECTION 3. 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. (a) An individual is
eligible to participate in the uniform program if the individual,
at an institution in a system:
(1) holds a postdoctoral fellowship; or
(2) holds other graduate fellowships awarded to the
individual on a competitive basis that, either singly or in
combination, are valued at not less than $10,000.
(b) An institution of higher education at which an
individual holds a fellowship described by Subsection (a) is
responsible for payment of the contributions for the individual.
Each participant shall contribute that portion of the cost of the
group coverage selected by the individual that exceeds the amount
of contribution funded by the institution. All portions of the
contribution funded by the institution shall be made in proportion
to the source of funds from which the fellowship is paid, to the
extent allowed by the terms of the fellowship.
(c) An institution of higher education shall, at the time of
initial eligibility, notify each of the individuals eligible to
participate in the group benefits program under Subsection (a) of
the individual's eligibility to participate in the program.
SECTION 4. Effective January 1, 2010, Subsection (d),
Section 1601.101, Insurance Code, is repealed.
SECTION 5. (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 6. Except as otherwise provided by this Act, this
Act takes effect September 1, 2009.