Texas 2019 - 86th Regular

Texas House Bill HB4153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R20738 BRG-D
2		-	By: Anchia, Zerwas, Rose, Schaefer, Longoria, H.B. No. 4153
3		-	et al.
4		-	Substitute the following for H.B. No. 4153:
5		-	By: Longoria C.S.H.B. No. 4153
	1	+	86R11605 BRG-D
	2	+	By: Anchia H.B. No. 4153
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	relating to the compensation and benefits of persons wrongfully
11		-	imprisoned.
	7	+	relating to the election of alternative annuity payments payable to
	8	+	surviving spouses and designated beneficiaries of persons
	9	+	wrongfully imprisoned.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 103.001(d), Civil Practice and Remedies
14		-	Code, is amended to read as follows:
15		-	(d) Subject to this section, a person entitled to
16		-	compensation under Subsection (a) is also eligible to obtain group
17		-	health benefit plan coverage through the Texas Department of
18		-	Criminal Justice as if the person were an employee of the
19		-	department. The [This subsection does not entitle the] person's
20		-	spouse and dependents may be included in the person's [or other
21		-	dependent or family member to group health benefit plan] coverage
22		-	as if the person were an employee of the department. Coverage may
23		-	be obtained under this subsection for a period of time equal to the
24		-	total period the claimant served for the crime for which the
25		-	claimant was wrongfully imprisoned, including any period during
26		-	which the claimant was released on parole or to mandatory
27		-	supervision or required to register under Chapter 62, Code of
28		-	Criminal Procedure. A person who elects to obtain coverage under
29		-	this subsection shall pay a monthly contribution equal to the total
30		-	amount of the monthly contributions for that coverage for an
31		-	employee of the department.
32		-	SECTION 2. Section 103.0535, Civil Practice and Remedies
	11	+	SECTION 1. Section 103.0535, Civil Practice and Remedies
33	12		Code, is amended by amending Subsection (d) and adding Subsection
34	13		(d-1) to read as follows:
35	14		(d) An election under this section must be made not later
36	15		than the 45th day after the date:
37	16		(1) on which the claimant files with the comptroller
38	17		the application required by Section 103.051; or
39	18		(2) on which the claimant experiences one of the
40	19		following life-changing events:
41	20		(A) a change in the employment status of the
42	21		claimant or a spouse, dependent, or beneficiary of the claimant;
43	22		(B) marriage or divorce of the claimant;
44	23		(C) the addition of a dependent of the claimant;
45	24		or
46	25		(D) the death of a dependent, spouse, or
47	26		beneficiary of the claimant.
48	27		(d-1) An election under Subsection (d) must be made on a
49	28		form prescribed by the comptroller that:
50	29		(1) identifies the claimant's spouse or designated
51	30		beneficiary according to Section 103.0536; and
52	31		(2) specifies the option selected under Subsection
53	32		(c).
54		-	SECTION 3. A person who, before the effective date of this
55		-	Act, obtained group health benefit plan coverage under Section
56		-	103.001(d), Civil Practice and Remedies Code, as the law existed
57		-	before the effective date of this Act, may elect to include the
58		-	person's spouse and dependents in the person's coverage as provided
59		-	by Section 103.001(d), Civil Practice and Remedies Code, as amended
60		-	by this Act. An election under this section must be made:
61		-	(1) not later than March 1, 2020; or
62		-	(2) during any subsequent open enrollment period
63		-	applicable to employees of the Texas Department of Criminal
64		-	Justice.
65		-	SECTION 4. (a) Notwithstanding Section 103.0535(d), Civil
	33	+	SECTION 2. (a) Notwithstanding Section 103.0535(d), Civil
66	34		Practice and Remedies Code, as amended by this Act, a person
67	35		entitled to compensation under Section 103.001(a), Civil Practice
68	36		and Remedies Code, who started receiving annuity payments before
69	37		the effective date of this Act may elect to receive any remaining
70	38		payments as alternative annuity payments under Section 103.0535,
71	39		Civil Practice and Remedies Code, as amended by this Act, by filing
72	40		the form described by Section 103.0535(d-1), Civil Practice and
73	41		Remedies Code, as added by this Act, with the comptroller after
74	42		December 31, 2019, and before March 1, 2020. The value of
75	43		alternative annuity payments elected under this subsection must be
76	44		actuarially equivalent to the remaining value of the annuity
77	45		payments the person would receive absent the election. This
78	46		subsection does not affect the ability of a person described by this
79	47		subsection to make an election under Section 103.0535(d), Civil
80	48		Practice and Remedies Code, as amended by this Act, following a
81	49		life-changing event described by that subsection.
82	50		(b) Not later than December 1, 2019, the comptroller shall
83	51		provide notice to all persons entitled to compensation under
84	52		Section 103.001(a), Civil Practice and Remedies Code, of:
85	53		(1) the opportunity described by Subsection (a) of
86	54		this section to elect to receive alternative annuity payments under
87	55		Section 103.0535, Civil Practice and Remedies Code, as amended by
88		-	this Act;
	56	+	this Act; and
89	57		(2) the opportunity to elect to receive alternative
90	58		annuity payments after a life-changing event under Section
91	59		103.0535(d), Civil Practice and Remedies Code, as amended by this
92		-	Act; and
93		-	(3) the opportunity to obtain group health benefit
94		-	plan coverage for a spouse or dependent under Section 103.001(d),
95		-	Civil Practice and Remedies Code, as amended by this Act.
	60	+	Act.
96	61		(c) The comptroller shall provide the notice required by
97	62		Subsection (b) of this section by:
98	63		(1) certified mail to a person's last known address;
99	64		and
100	65		(2) phone call to the phone number that the
101	66		comptroller has on file for the person.
102		-	SECTION 5. This Act takes effect September 1, 2019.
	67	+	SECTION 3. This Act takes effect September 1, 2019.