By: AnchÃa, et al. (Senate Sponsor - Johnson) H.B. No. 1455
(In the Senate - Received from the House May 2, 2023;
May 4, 2023, read first time and referred to Committee on
Jurisprudence; May 10, 2023, reported favorably by the following
vote: Yeas 4, Nays 1; May 10, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
JohnsonX
CreightonX
HinojosaX
MiddletonX
A BILL TO BE ENTITLED
AN ACT
relating to health care benefits of persons wrongfully imprisoned.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 103.001(d), Civil Practice and Remedies
Code, is amended to read as follows:
(d) Subject to this section, a person entitled to
compensation under Subsection (a) is also eligible to obtain group
health benefit plan coverage through the Texas Department of
Criminal Justice as if the person were an employee of the
department. The [This subsection does not entitle the] person's
spouse and dependents may be included in the person's [or other
dependent or family member to group health benefit plan] coverage
as if the person were an employee of the department. Coverage may
be obtained under this subsection for a period of time equal to the
total period the claimant served for the crime for which the
claimant was wrongfully imprisoned, including any period during
which the claimant was released on parole or to mandatory
supervision or required to register under Chapter 62, Code of
Criminal Procedure. A person who elects to obtain coverage under
this subsection shall pay a monthly contribution equal to the total
amount of the monthly contributions for that coverage for an
employee of the department.
SECTION 2. Section 1551.115, Insurance Code, is amended to
read as follows:
Sec. 1551.115. PARTICIPATION BY WRONGFULLY IMPRISONED
PERSONS. Subject to Section 103.001, Civil Practice and Remedies
Code, a person who is entitled to compensation under Chapter 103,
Civil Practice and Remedies Code, is eligible to obtain health
benefit plan coverage under the group benefits program in the
manner and to the extent that an employee of the Texas Department of
Criminal Justice would be entitled to coverage. The person's spouse
and dependents may be included in the person's coverage as if the
person were an employee of the Texas Department of Criminal
Justice[, except that this section does not entitle the person's
spouse or other dependent or family member to coverage].
SECTION 3. A person who, before the effective date of this
Act, obtained group health benefit plan coverage under Section
103.001(d), Civil Practice and Remedies Code, and Section 1551.115,
Insurance Code, as those laws existed before the effective date of
this Act, may elect to include the person's spouse and dependents in
the person's coverage as provided by Section 103.001(d), Civil
Practice and Remedies Code, and Section 1551.115, Insurance Code,
as amended by this Act. An election under this section must be
made:
(1) not later than March 1, 2024; or
(2) during any subsequent open enrollment period
applicable to employees of the Texas Department of Criminal
Justice.
SECTION 4. This Act takes effect September 1, 2023.
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