83R2736 KFF-F
By: Guillen H.B. No. 784
A BILL TO BE ENTITLED
AN ACT
relating to creating a deferred compensation plan for dentists who
provide services under the Medicaid program; providing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 609.001, Government Code, is amended by
amending Subdivisions (2) and (2-a) and adding Subdivisions (2-b)
and (3-a) to read as follows:
(2) "Employee" means:
(A) an individual who is an officer or employee
of a state agency or political subdivision, as appropriate; or
(B) an independent contractor.
(2-a) "Independent contractor" means a dentist who
provides services under the Medicaid program.
(2-b) "Institution of higher education" means an
institution of higher education as defined by Section 61.003,
Education Code.
(3-a) "Medicaid program" means the medical assistance
program established under Chapter 32, Human Resources Code.
SECTION 2. Section 609.005(a), Government Code, is amended
to read as follows:
(a) A deferred compensation plan is a part of an employee's
compensation and is in addition to:
(1) a retirement, pension, or benefit system
established by law for the benefit of employees described by
Section 609.001(2)(A); or
(2) a retirement, pension, or benefit system or other
deferred compensation plan in which an employee described by
Section 609.001(2)(B) may participate.
SECTION 3. Section 609.007, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The board of trustees may contract with an employee
described by Section 609.001(2)(B) who is participating in a
deferred compensation plan for the deferment of any part of the
compensation paid to the employee for the provision of services
under the Medicaid program.
SECTION 4. The heading to Subchapter C, Chapter 609,
Government Code, is amended to read as follows:
SUBCHAPTER C. DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF STATE
AGENCIES AND INDEPENDENT CONTRACTORS
SECTION 5. The heading to Section 609.502, Government Code,
is amended to read as follows:
Sec. 609.502. CREATION OF PLANS [PLAN]; PARTICIPATION.
SECTION 6. Section 609.502, Government Code, is amended by
adding Subsection (a-1) and amending Subsections (c) and (d) to
read as follows:
(a-1) To the extent permitted under federal law, the board
of trustees shall administer a 457 plan under this subchapter for
employees described by Section 609.001(2)(B). If cost-effective,
the board of trustees may provide the 457 plan required by this
subsection under the TexaSaver program established under
Subsection (a).
(c) The board of trustees may designate a person to assist
in the execution of the board's authority and responsibilities as a
plan administrator under this subchapter.
(d) A state agency may participate in either or both plans
described by Subsection (a).
SECTION 7. Section 609.508, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The board of trustees shall adopt rules, including
plans and procedures, and orders necessary to develop and implement
the deferred compensation plan required under Section
609.502(a-1).
SECTION 8. Section 609.511(a), Government Code, is amended
to read as follows:
(a) The board of trustees may assess a fee against
participating employees or qualified vendors, or both the employees
and the qualified vendors, in the manner and to the extent it
determines necessary to cover the costs of administering a [the]
plan established under this subchapter.
SECTION 9. As soon as practicable after the effective date
of this Act, the board of trustees of the Employees Retirement
System of Texas shall develop and implement the deferred
compensation plan required by Section 609.502(a-1), Government
Code, as added by this Act.
SECTION 10. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 11. This Act takes effect September 1, 2013.