| 1 | 1 | | 83R15257 TJS-D |
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| 2 | 2 | | By: Anchia, Smithee, McClendon, Sheets H.B. No. 361 |
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| 3 | 3 | | Substitute the following for H.B. No. 361: |
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| 4 | 4 | | By: Eiland C.S.H.B. No. 361 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to group health benefits coverage for dependents of |
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| 10 | 10 | | persons wrongfully imprisoned. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 103.001(d), Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | (d) Subject to this section, a person entitled to |
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| 15 | 15 | | compensation under Subsection (a), or the person's spouse or other |
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| 16 | 16 | | dependent, is [also] eligible to obtain group health benefit plan |
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| 17 | 17 | | coverage through the Texas Department of Criminal Justice as if the |
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| 18 | 18 | | person were an employee of the department, or the spouse or other |
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| 19 | 19 | | dependent of an employee, as applicable. [This subsection does not |
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| 20 | 20 | | entitle the person's spouse or other dependent or family member to |
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| 21 | 21 | | group health benefit plan coverage.] Coverage may be obtained under |
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| 22 | 22 | | this subsection for a period of time equal to the total period the |
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| 23 | 23 | | claimant served for the crime for which the claimant was wrongfully |
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| 24 | 24 | | imprisoned, including any period during which the claimant was |
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| 25 | 25 | | released on parole or to mandatory supervision or required to |
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| 26 | 26 | | register under Chapter 62, Code of Criminal Procedure. A person who |
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| 27 | 27 | | elects to obtain coverage under this subsection shall pay a monthly |
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| 28 | 28 | | contribution equal to the total amount of the monthly contributions |
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| 29 | 29 | | for that coverage for an employee of the department, or the spouse |
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| 30 | 30 | | or other dependent of an employee, as applicable. In this |
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| 31 | 31 | | subsection, "dependent" has the meaning assigned by Section |
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| 32 | 32 | | 1551.004, Insurance Code. |
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| 33 | 33 | | SECTION 2. Section 1551.115, Insurance Code, is amended to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | Sec. 1551.115. PARTICIPATION BY WRONGFULLY IMPRISONED |
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| 36 | 36 | | PERSONS. Subject to Section 103.001, Civil Practice and Remedies |
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| 37 | 37 | | Code, a person who is entitled to compensation under Chapter 103, |
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| 38 | 38 | | Civil Practice and Remedies Code, is eligible to obtain health |
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| 39 | 39 | | benefit plan coverage under the group benefits program in the |
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| 40 | 40 | | manner and to the extent that an employee of the Texas Department of |
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| 41 | 41 | | Criminal Justice would be entitled to coverage, including coverage |
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| 42 | 42 | | for [except that this section does not entitle] the person's spouse |
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| 43 | 43 | | or other dependent [or family member to coverage]. |
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| 44 | 44 | | SECTION 3. The change in law made by this Act applies to a |
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| 45 | 45 | | person the comptroller of public accounts has determined to be |
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| 46 | 46 | | eligible for compensation as provided by Section 103.051(b), Civil |
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| 47 | 47 | | Practice and Remedies Code, regardless of whether the eligibility |
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| 48 | 48 | | determination is made before, on, or after the effective date of |
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| 49 | 49 | | this Act. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2013. |
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