1 | 1 | | H.B. No. 1455 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to health care benefits of persons wrongfully imprisoned. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Section 103.001(d), Civil Practice and Remedies |
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8 | 8 | | Code, is amended to read as follows: |
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9 | 9 | | (d) Subject to this section, a person entitled to |
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10 | 10 | | compensation under Subsection (a) is also eligible to obtain group |
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11 | 11 | | health benefit plan coverage through the Texas Department of |
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12 | 12 | | Criminal Justice as if the person were an employee of the |
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13 | 13 | | department. The [This subsection does not entitle the] person's |
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14 | 14 | | spouse and dependents may be included in the person's [or other |
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15 | 15 | | dependent or family member to group health benefit plan] coverage |
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16 | 16 | | as if the person were an employee of the department. Coverage may |
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17 | 17 | | be obtained under this subsection for a period of time equal to the |
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18 | 18 | | total period the claimant served for the crime for which the |
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19 | 19 | | claimant was wrongfully imprisoned, including any period during |
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20 | 20 | | which the claimant was released on parole or to mandatory |
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21 | 21 | | supervision or required to register under Chapter 62, Code of |
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22 | 22 | | Criminal Procedure. A person who elects to obtain coverage under |
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23 | 23 | | this subsection shall pay a monthly contribution equal to the total |
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24 | 24 | | amount of the monthly contributions for that coverage for an |
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25 | 25 | | employee of the department. |
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26 | 26 | | SECTION 2. Section 1551.115, Insurance Code, is amended to |
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27 | 27 | | read as follows: |
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28 | 28 | | Sec. 1551.115. PARTICIPATION BY WRONGFULLY IMPRISONED |
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29 | 29 | | PERSONS. Subject to Section 103.001, Civil Practice and Remedies |
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30 | 30 | | Code, a person who is entitled to compensation under Chapter 103, |
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31 | 31 | | Civil Practice and Remedies Code, is eligible to obtain health |
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32 | 32 | | benefit plan coverage under the group benefits program in the |
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33 | 33 | | manner and to the extent that an employee of the Texas Department of |
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34 | 34 | | Criminal Justice would be entitled to coverage. The person's spouse |
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35 | 35 | | and dependents may be included in the person's coverage as if the |
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36 | 36 | | person were an employee of the Texas Department of Criminal |
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37 | 37 | | Justice[, except that this section does not entitle the person's |
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38 | 38 | | spouse or other dependent or family member to coverage]. |
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39 | 39 | | SECTION 3. A person who, before the effective date of this |
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40 | 40 | | Act, obtained group health benefit plan coverage under Section |
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41 | 41 | | 103.001(d), Civil Practice and Remedies Code, and Section 1551.115, |
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42 | 42 | | Insurance Code, as those laws existed before the effective date of |
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43 | 43 | | this Act, may elect to include the person's spouse and dependents in |
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44 | 44 | | the person's coverage as provided by Section 103.001(d), Civil |
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45 | 45 | | Practice and Remedies Code, and Section 1551.115, Insurance Code, |
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46 | 46 | | as amended by this Act. An election under this section must be |
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47 | 47 | | made: |
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48 | 48 | | (1) not later than March 1, 2024; or |
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49 | 49 | | (2) during any subsequent open enrollment period |
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50 | 50 | | applicable to employees of the Texas Department of Criminal |
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51 | 51 | | Justice. |
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52 | 52 | | SECTION 4. This Act takes effect September 1, 2023. |
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53 | 53 | | ______________________________ ______________________________ |
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54 | 54 | | President of the Senate Speaker of the House |
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55 | 55 | | I certify that H.B. No. 1455 was passed by the House on May 1, |
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56 | 56 | | 2023, by the following vote: Yeas 119, Nays 24, 1 present, not |
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57 | 57 | | voting. |
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58 | 58 | | ______________________________ |
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59 | 59 | | Chief Clerk of the House |
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60 | 60 | | I certify that H.B. No. 1455 was passed by the Senate on May |
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61 | 61 | | 15, 2023, by the following vote: Yeas 21, Nays 10. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Secretary of the Senate |
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64 | 64 | | APPROVED: _____________________ |
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65 | 65 | | Date |
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66 | 66 | | _____________________ |
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67 | 67 | | Governor |
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