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