By: Zaffirini S.B. No. 29
(Branch)
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. (a) An individual who
is not eligible to participate in the group benefits program under
Section 1551.101 is eligible to participate in the group benefits
program under this section if the individual, at an institution of
higher education:
(1) holds:
(A) a postdoctoral fellowship; or
(B) one or more graduate student fellowships
awarded to the individual on a competitive basis that, either
singly or in combination, are valued at not less than $10,000 per
year; and
(2) is currently receiving a stipend from an
applicable fellowship.
(b) An individual who is eligible to participate in the
group benefits program under this section shall pay all
contributions required under this chapter for the coverage selected
by the individual, except that an institution of higher education
may make contributions for the individual from available funds
other than money appropriated to the institution from the general
revenue fund.
(c) An institution of higher education shall determine
which individuals are eligible to participate in the group benefits
program under this section and, at the time of initial eligibility,
shall notify each individual of the individual's eligibility to
participate in the program.
(d) An individual who participates in the group benefits
program under this section is not considered an employee of an
institution of higher education solely as a result of the
individual's participation in the program.
SECTION 2. Section 1551.151, Insurance Code, is amended to
read as follows:
Sec. 1551.151. ENTITLEMENT TO COVERAGE. An individual who
is eligible to participate in the group benefits program under
Section 1551.101, [or] 1551.102, or 1551.1022 is entitled to secure
for a dependent of the individual any group coverages provided
under this chapter, as determined by the board of trustees and
subject to the exceptions provided by this subchapter.
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 who
is not eligible to participate in the uniform program under Section
1601.101 is eligible to participate in the uniform program under
this section if the individual, at an institution in a system:
(1) holds:
(A) a postdoctoral fellowship; or
(B) one or more graduate student fellowships
awarded to the individual on a competitive basis that, either
singly or in combination, are valued at not less than $10,000 per
year; and
(2) is currently receiving a stipend from an
applicable fellowship.
(b) An individual who is eligible to participate in the
uniform program under this section shall pay all contributions
required under this chapter for the coverage selected by the
individual, except that an institution of higher education may make
contributions for the individual from available funds other than
money appropriated to the institution from the general revenue
fund.
(c) An institution of higher education shall determine
which individuals are eligible to participate in the uniform
program under this section and, at the time of initial eligibility,
shall notify each individual of the individual's eligibility to
participate in the program.
(d) An individual who participates in the uniform program
under this section is not considered an employee of an institution
of higher education solely as a result of the individual's
participation in the program.
SECTION 4. Section 1601.107, Insurance Code, is amended to
read as follows:
Sec. 1601.107. COVERAGE FOR DEPENDENTS. An individual who
is eligible to participate in the uniform program under Section
1601.101, [or] 1601.102, or 1601.1021 is entitled to secure for a
dependent of the individual any group coverages provided under this
chapter for dependents under rules adopted by the applicable
system.
SECTION 5. Effective January 1, 2012, Subsection (d),
Section 1601.101, Insurance Code, is repealed.
SECTION 6. (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, 2012. 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, 2012, 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,
2012. 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, 2012, if the
governing board determines that the coverage may reasonably be
included.
SECTION 7. Except as otherwise provided by this Act, this
Act takes effect September 1, 2011.