By: Ellis S.B. No. 1686
(In the Senate - Filed March 11, 2011; March 23, 2011, read
first time and referred to Committee on State Affairs;
April 26, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 26, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1686 By: Ellis
A BILL TO BE ENTITLED
AN ACT
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, 2012.
* * * * *