Texas 2009 - 81st Regular

Texas Senate Bill SB872 Compare Versions

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1	1	S.B. No. 872
2	2
3	3
4	4	AN ACT
5	5	relating to continued health insurance coverage and financial
6	6	assistance for eligible survivors of certain public servants killed
7	7	in the line of duty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 615.003, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 615.003. APPLICABILITY. This chapter applies only to
12	12	eligible survivors of the following individuals:
13	13	(1) an individual elected, appointed, or employed as a
14	14	peace officer by the state or a political subdivision of the state
15	15	under Article 2.12, Code of Criminal Procedure, or other law;
16	16	(2) a paid probation officer appointed by the director
17	17	of a community supervision and corrections department who has the
18	18	duties set out in Section 76.002 and the qualifications set out in
19	19	Section 76.005, or who was appointed in accordance with prior law;
20	20	(3) a parole officer employed by the pardons and
21	21	paroles division of the Texas Department of Criminal Justice who
22	22	has the duties set out in Section 508.001 and the qualifications set
23	23	out in Section 508.113 or in prior law;
24	24	(4) a paid jailer;
25	25	(5) a member of an organized police reserve or
26	26	auxiliary unit who regularly assists peace officers in enforcing
27	27	criminal laws;
28	28	(6) a member of the class of employees of the
29	29	institutional division or the state jail division of the Texas
30	30	Department of Criminal Justice formally designated as custodial
31	31	personnel under Section 615.006 by the Texas Board of Criminal
32	32	Justice or its predecessor in function;
33	33	(7) a jailer or guard of a county jail who is appointed
34	34	by the sheriff and who:
35	35	(A) performs a security, custodial, or
36	36	supervisory function over the admittance, confinement, or
37	37	discharge of prisoners; and
38	38	(B) is certified by the Commission on Law
39	39	Enforcement Officer Standards and Education;
40	40	(8) a juvenile correctional employee of the Texas
41	41	Youth Commission;
42	42	(9) an employee of the Texas Department of Mental
43	43	Health and Mental Retardation who:
44	44	(A) works at the department's maximum security
45	45	unit; or
46	46	(B) performs on-site services for the Texas
47	47	Department of Criminal Justice;
48	48	(10) an individual who is employed by the state or a
49	49	political or legal subdivision and is subject to certification by
50	50	the Texas Commission on Fire Protection;
51	51	(11) an individual employed by the state or a
52	52	political or legal subdivision whose principal duties are aircraft
53	53	crash and rescue fire fighting;
54	54	(12) a member of an organized volunteer fire-fighting
55	55	unit that:
56	56	(A) renders fire-fighting services without
57	57	remuneration; and
58	58	(B) conducts a minimum of two drills each month,
59	59	each two hours long;
60	60	(13) an individual who:
61	61	(A) performs emergency medical services or
62	62	operates an ambulance;
63	63	(B) is employed by a political subdivision of the
64	64	state or is an emergency medical services volunteer as defined by
65	65	Section 773.003, Health and Safety Code; and
66	66	(C) is qualified as an emergency care attendant
67	67	or at a higher level of training under Section 773.046, 773.047,
68	68	773.048, 773.049, or 773.0495, Health and Safety Code; [or]
69	69	(14) an individual who is employed or formally
70	70	designated as a chaplain for:
71	71	(A) an organized volunteer fire-fighting unit or
72	72	other fire department of this state or of a political subdivision of
73	73	this state;
74	74	(B) a law enforcement agency of this state or of a
75	75	political subdivision of this state; or
76	76	(C) the Texas Department of Criminal Justice; or
77	77	(15) an individual who is employed by the state or a
78	78	political subdivision of the state and who is considered by the
79	79	governmental employer to be a trainee for a position otherwise
80	80	described by this section.
81	81	SECTION 2. Subsection (e), Section 615.021, Government
82	82	Code, is amended to read as follows:
83	83	(e) In this section:
84	84	(1) "Personal injury" means an injury resulting from
85	85	an external force, an activity, or a disease caused by or resulting
86	86	from:
87	87	(A) a line-of-duty accident; or
88	88	(B) an illness caused by line-of-duty work under
89	89	hazardous conditions.
90	90	(2) "Line of duty" means an action an individual
91	91	listed under Section 615.003 is required or authorized by rule,
92	92	condition of employment, or law to perform. The term includes:
93	93	(A) an action by the individual at a social,
94	94	ceremonial, athletic, or other function to which the individual is
95	95	assigned by the individual's employer; and
96	96	(B) an action performed as part of a training
97	97	program the individual is required or authorized by rule, condition
98	98	of employment, or law to undertake.
99	99	SECTION 3. Subsection (c), Section 615.073, Government
100	100	Code, is amended to read as follows:
101	101	(c) The surviving spouse is entitled to continue to purchase
102	102	health insurance coverage until [the earlier of:
103	103	[(1) the date the surviving spouse remarries;
104	104	[(2) the date the surviving spouse becomes eligible
105	105	for group health insurance through another employer; or
106	106	[(3)] the date the surviving spouse becomes eligible
107	107	for federal Medicare benefits.
108	108	SECTION 4. Section 615.074, Government Code, is amended to
109	109	read as follows:
110	110	Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible
111	111	surviving dependent who is a minor child is entitled to continue
112	112	health insurance coverage until [the earlier of:
113	113	[(1)] the date the dependent reaches the age of 18
114	114	[years; or
115	115	[(2) the date the dependent becomes eligible for group
116	116	health insurance through another employer].
117	117	(b) An eligible surviving dependent who is not a minor child
118	118	is entitled to continue health insurance coverage until the earlier
119	119	of:
120	120	(1) [the date the dependent marries;
121	121	[(2)] the date the dependent becomes eligible for
122	122	group health insurance through another employer; or
123	123	(2) [(3)] the date the dependent becomes eligible for
124	124	federal Medicare benefits.
125	125	SECTION 5. Subsections (a) and (c), Section 615.075,
126	126	Government Code, are amended to read as follows:
127	127	(a) An employing entity shall provide written notice to an
128	128	eligible survivor to whom this subchapter may apply of the
129	129	survivor's rights under this subchapter not later than the 10th day
130	130	after the date of the decedent's death. Not later than the 150th
131	131	day after the date of the decedent's death, the employing entity
132	132	shall send a subsequent written notice under this subsection by
133	133	certified mail to any eligible survivor who has not already elected
134	134	to continue coverage on or before that date.
135	135	(c) To receive continued coverage under this subchapter,
136	136	the employing entity must be informed not later than the 180th
137	137	[90th] day after the date the decedent died that the eligible
138	138	survivor elects to continue coverage.
139	139	SECTION 6. Section 615.077, Government Code, is amended to
140	140	read as follows:
141	141	Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is
142	142	entitled to continued coverage under this subchapter [is entitled
143	143	to]:
144	144	(1) is entitled to:
145	145	(A) make payments for the coverage or have
146	146	payments made on the survivor's behalf at the same time and to the
147	147	same entity that payments for coverage are made by current
148	148	employees of the employing entity; and
149	149	(B) obtain [(2) purchase] the coverage at the
150	150	[group] rate paid by current employees of the employing entity for
151	151	that coverage; and
152	152	(2) may not be required to pay a premium amount for the
153	153	coverage that is greater than the premium amount that a current
154	154	employee of the employing entity without a spouse is required to pay
155	155	to cover the employee alone or to cover the employee and the
156	156	employee's dependent children, as applicable to the eligible
157	157	survivor [that exists at the time of payment].
158	158	SECTION 7. Subchapter D, Chapter 615, Government Code, is
159	159	amended by adding Sections 615.080 and 615.081 to read as follows:
160	160	Sec. 615.080. GRACE PERIOD. Health insurance benefits
161	161	coverage in force on the date of the decedent's death under which a
162	162	deceased individual listed under Section 615.071 covered one or
163	163	more other persons may not lapse before the 181st day after the date
164	164	of the decedent's death for failure to pay the premium.
165	165	Sec. 615.081. LIMITED OPPORTUNITY FOR CERTAIN ELIGIBLE
166	166	SURVIVORS TO REAPPLY FOR COVERAGE. (a) This section applies only
167	167	to an eligible survivor of a deceased individual listed under
168	168	Section 615.071 who died on or after September 1, 1993.
169	169	(b) Notwithstanding any other provision of this subchapter
170	170	or other law, an eligible survivor to whom this section applies who
171	171	did not purchase continued health insurance benefits under this
172	172	subchapter or under the law codified by this subchapter within the
173	173	time allowed after the listed individual's death, or who
174	174	discontinued coverage under this subchapter or under the law
175	175	codified by this subchapter after the listed individual's death,
176	176	may reapply for coverage under the employing entity's health
177	177	insurance benefits plan not later than March 1, 2010.
178	178	(c) An eligible survivor who reapplies for coverage under
179	179	Subsection (b) is entitled to purchase the coverage according to
180	180	the same rate schedule and coverage options as would apply had the
181	181	eligible survivor continued coverage under this subchapter after
182	182	the listed individual's death.
183	183	(d) This section expires September 1, 2010.
184	184	SECTION 8. This Act takes effect immediately if it receives
185	185	a vote of two-thirds of all the members elected to each house, as
186	186	provided by Section 39, Article III, Texas Constitution. If this
187	187	Act does not receive the vote necessary for immediate effect, this
188	188	Act takes effect September 1, 2009.
189	189	______________________________ ______________________________
190	190	President of the Senate Speaker of the House
191	191	I hereby certify that S.B. No. 872 passed the Senate on
192	192	April 7, 2009, by the following vote: Yeas 31, Nays 0; and that
193	193	the Senate concurred in House amendment on May 8, 2009, by the
194	194	following vote: Yeas 30, Nays 0.
195	195	______________________________
196	196	Secretary of the Senate
197	197	I hereby certify that S.B. No. 872 passed the House, with
198	198	amendment, on May 5, 2009, by the following vote: Yeas 145,
199	199	Nays 0, one present not voting.
200	200	______________________________
201	201	Chief Clerk of the House
202	202	Approved:
203	203	______________________________
204	204	Date
205	205	______________________________
206	206	Governor