82R3831 TRH-D
By: Zerwas H.B. No. 1166
A BILL TO BE ENTITLED
AN ACT
relating to tobacco cessation programs for certain public employees
and their dependents and to the assessment of a fee on certain
public employees who use tobacco.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 1551, Insurance Code, is
amended by adding Section 1551.226 to read as follows:
Sec. 1551.226. TOBACCO CESSATION COVERAGE. (a) The board
of trustees shall develop a plan for providing under any health
benefit plan provided under the group benefits program tobacco
cessation coverage for participants.
(b) The plan developed under Subsection (a) must include
coverage for prescription drugs that aid participants in ceasing
the use of tobacco products.
SECTION 2. Subchapter G, Chapter 1551, Insurance Code, is
amended by adding Section 1551.3075 to read as follows:
Sec. 1551.3075. TOBACCO USER FEE. (a) The board of
trustees shall assess each participant in a health benefit plan
provided under the group benefits program who uses one or more
tobacco products a tobacco user fee, to be paid in monthly
installments. Except as provided by Subsection (b), the board of
trustees shall determine the amount of the monthly installments of
the fee.
(b) If the General Appropriations Act for a state fiscal
biennium sets the amount of the monthly installments of the tobacco
user fee for that biennium, the board of trustees shall assess the
fee during that biennium in the amount prescribed by the General
Appropriations Act.
SECTION 3. Section 1551.314, Insurance Code, is amended to
read as follows:
Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A
state contribution may not be:
(1) made for coverages under this chapter selected by
an individual who receives a state contribution, other than as a
spouse, dependent, or beneficiary, for coverages under a group
benefits program provided by an institution of higher education, as
defined by Section 61.003, Education Code; or
(2) made for or used to pay a tobacco user fee assessed
under Section 1551.3075.
SECTION 4. The heading to Subchapter E, Chapter 1575,
Insurance Code, is amended to read as follows:
SUBCHAPTER E. CONTRIBUTIONS AND COSTS
SECTION 5. Subchapter E, Chapter 1575, Insurance Code, is
amended by adding Section 1575.2055 to read as follows:
Sec. 1575.2055. TOBACCO USER FEE. The trustee may assess
each participant in a health benefit plan provided under the group
program who uses one or more tobacco products a tobacco user fee, to
be paid in monthly installments in an amount determined by the
trustee. A state contribution or public school contribution may
not be made for or used to pay a tobacco user fee assessed under this
section.
SECTION 6. The heading to Subchapter F, Chapter 1579,
Insurance Code, is amended to read as follows:
SUBCHAPTER F. CONTRIBUTIONS AND COSTS
SECTION 7. Subchapter F, Chapter 1579, Insurance Code, is
amended by adding Section 1579.256 to read as follows:
Sec. 1579.256. TOBACCO USER FEE. The trustee may assess
each participant in a health coverage plan provided under the
program who uses one or more tobacco products a tobacco user fee, to
be paid in monthly installments in an amount determined by the
trustee. A state contribution or a contribution made by a
participating entity may not be made for or used to pay a tobacco
user fee assessed under this section.
SECTION 8. Subchapter E, Chapter 1601, Insurance Code, is
amended by adding Section 1601.2025 to read as follows:
Sec. 1601.2025. TOBACCO USER FEE. The system may assess
each participant in the group health benefits program who uses one
or more tobacco products a tobacco user fee, to be paid in monthly
installments in an amount determined by the system. A system
contribution may not be made for or used to pay a tobacco user fee
assessed under this section.
SECTION 9. The board of trustees of the Employees
Retirement System of Texas shall develop and fully implement the
plan for providing tobacco cessation coverage as required by
Section 1551.226, Insurance Code, as added by this Act, and
implement the tobacco user fee required under Section 1551.3075,
Insurance Code, as added by this Act, not later than January 1,
2012.
SECTION 10. This Act takes effect September 1, 2011.