Texas 2023 - 88th Regular

Texas House Bill HB1455 Compare Versions

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11 H.B. No. 1455
22
33
44 AN ACT
55 relating to health care benefits of persons wrongfully imprisoned.
66 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
77 SECTION 1. Section 103.001(d), Civil Practice and Remedies
88 Code, is amended to read as follows:
99 (d) Subject to this section, a person entitled to
1010 compensation under Subsection (a) is also eligible to obtain group
1111 health benefit plan coverage through the Texas Department of
1212 Criminal Justice as if the person were an employee of the
1313 department. The [This subsection does not entitle the] person's
1414 spouse and dependents may be included in the person's [or other
1515 dependent or family member to group health benefit plan] coverage
1616 as if the person were an employee of the department. Coverage may
1717 be obtained under this subsection for a period of time equal to the
1818 total period the claimant served for the crime for which the
1919 claimant was wrongfully imprisoned, including any period during
2020 which the claimant was released on parole or to mandatory
2121 supervision or required to register under Chapter 62, Code of
2222 Criminal Procedure. A person who elects to obtain coverage under
2323 this subsection shall pay a monthly contribution equal to the total
2424 amount of the monthly contributions for that coverage for an
2525 employee of the department.
2626 SECTION 2. Section 1551.115, Insurance Code, is amended to
2727 read as follows:
2828 Sec. 1551.115. PARTICIPATION BY WRONGFULLY IMPRISONED
2929 PERSONS. Subject to Section 103.001, Civil Practice and Remedies
3030 Code, a person who is entitled to compensation under Chapter 103,
3131 Civil Practice and Remedies Code, is eligible to obtain health
3232 benefit plan coverage under the group benefits program in the
3333 manner and to the extent that an employee of the Texas Department of
3434 Criminal Justice would be entitled to coverage. The person's spouse
3535 and dependents may be included in the person's coverage as if the
3636 person were an employee of the Texas Department of Criminal
3737 Justice[, except that this section does not entitle the person's
3838 spouse or other dependent or family member to coverage].
3939 SECTION 3. A person who, before the effective date of this
4040 Act, obtained group health benefit plan coverage under Section
4141 103.001(d), Civil Practice and Remedies Code, and Section 1551.115,
4242 Insurance Code, as those laws existed before the effective date of
4343 this Act, may elect to include the person's spouse and dependents in
4444 the person's coverage as provided by Section 103.001(d), Civil
4545 Practice and Remedies Code, and Section 1551.115, Insurance Code,
4646 as amended by this Act. An election under this section must be
4747 made:
4848 (1) not later than March 1, 2024; or
4949 (2) during any subsequent open enrollment period
5050 applicable to employees of the Texas Department of Criminal
5151 Justice.
5252 SECTION 4. This Act takes effect September 1, 2023.
5353 ______________________________ ______________________________
5454 President of the Senate Speaker of the House
5555 I certify that H.B. No. 1455 was passed by the House on May 1,
5656 2023, by the following vote: Yeas 119, Nays 24, 1 present, not
5757 voting.
5858 ______________________________
5959 Chief Clerk of the House
6060 I certify that H.B. No. 1455 was passed by the Senate on May
6161 15, 2023, by the following vote: Yeas 21, Nays 10.
6262 ______________________________
6363 Secretary of the Senate
6464 APPROVED: _____________________
6565 Date
6666 _____________________
6767 Governor