| 1 | 1 | | 87R8585 SCL-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 1045 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain claims against the third-party administrator or |
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| 8 | 8 | | vendor of health benefits for the employees of a political |
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| 9 | 9 | | subdivision. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 180, Local Government Code, is amended |
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| 12 | 12 | | by adding Section 180.008 to read as follows: |
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| 13 | 13 | | Sec. 180.008. LIABILITY FOR CERTAIN EMPLOYMENT BENEFIT |
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| 14 | 14 | | CLAIMS. Notwithstanding any other law, a political subdivision's |
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| 15 | 15 | | third-party health benefits administrator or other health benefits |
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| 16 | 16 | | vendor is liable for a claim based on a dispute under an employment |
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| 17 | 17 | | benefit, including health benefit plan coverage, provided to an |
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| 18 | 18 | | employee of the political subdivision by the political subdivision |
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| 19 | 19 | | if the underlying claim is based on the vendor's duty under the |
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| 20 | 20 | | vendor's agreement with the political subdivision. |
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| 21 | 21 | | SECTION 2. The heading to Chapter 180, Local Government |
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| 22 | 22 | | Code, is amended to read as follows: |
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| 23 | 23 | | CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND |
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| 24 | 24 | | EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND [CERTAIN] OTHER LOCAL |
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| 25 | 25 | | GOVERNMENTS |
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| 26 | 26 | | SECTION 3. Section 180.008, Local Government Code, as added |
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| 27 | 27 | | by this Act, applies only to an action that commences on or after |
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| 28 | 28 | | the effective date of this Act. An action that commences before the |
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| 29 | 29 | | effective date of this Act is governed by the law applicable to the |
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| 30 | 30 | | action immediately before the effective date of this Act, and that |
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| 31 | 31 | | law is continued in effect for that purpose. |
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| 32 | 32 | | SECTION 4. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2021. |
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