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AN ACT
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relating to continued health insurance coverage and financial |
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assistance for eligible survivors of certain public servants killed |
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in the line of duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 615.003, Government Code, is amended to |
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read as follows: |
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Sec. 615.003. APPLICABILITY. This chapter applies only to |
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eligible survivors of the following individuals: |
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(1) an individual elected, appointed, or employed as a |
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peace officer by the state or a political subdivision of the state |
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under Article 2.12, Code of Criminal Procedure, or other law; |
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(2) a paid probation officer appointed by the director |
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of a community supervision and corrections department who has the |
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duties set out in Section 76.002 and the qualifications set out in |
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Section 76.005, or who was appointed in accordance with prior law; |
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(3) a parole officer employed by the pardons and |
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paroles division of the Texas Department of Criminal Justice who |
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has the duties set out in Section 508.001 and the qualifications set |
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out in Section 508.113 or in prior law; |
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(4) a paid jailer; |
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(5) a member of an organized police reserve or |
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auxiliary unit who regularly assists peace officers in enforcing |
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criminal laws; |
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(6) a member of the class of employees of the |
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institutional division or the state jail division of the Texas |
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Department of Criminal Justice formally designated as custodial |
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personnel under Section 615.006 by the Texas Board of Criminal |
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Justice or its predecessor in function; |
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(7) a jailer or guard of a county jail who is appointed |
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by the sheriff and who: |
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(A) performs a security, custodial, or |
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supervisory function over the admittance, confinement, or |
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discharge of prisoners; and |
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(B) is certified by the Commission on Law |
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Enforcement Officer Standards and Education; |
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(8) a juvenile correctional employee of the Texas |
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Youth Commission; |
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(9) an employee of the Texas Department of Mental |
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Health and Mental Retardation who: |
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(A) works at the department's maximum security |
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unit; or |
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(B) performs on-site services for the Texas |
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Department of Criminal Justice; |
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(10) an individual who is employed by the state or a |
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political or legal subdivision and is subject to certification by |
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the Texas Commission on Fire Protection; |
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(11) an individual employed by the state or a |
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political or legal subdivision whose principal duties are aircraft |
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crash and rescue fire fighting; |
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(12) a member of an organized volunteer fire-fighting |
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unit that: |
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(A) renders fire-fighting services without |
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remuneration; and |
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(B) conducts a minimum of two drills each month, |
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each two hours long; |
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(13) an individual who: |
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(A) performs emergency medical services or |
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operates an ambulance; |
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(B) is employed by a political subdivision of the |
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state or is an emergency medical services volunteer as defined by |
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Section 773.003, Health and Safety Code; and |
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(C) is qualified as an emergency care attendant |
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or at a higher level of training under Section 773.046, 773.047, |
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773.048, 773.049, or 773.0495, Health and Safety Code; [or] |
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(14) an individual who is employed or formally |
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designated as a chaplain for: |
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(A) an organized volunteer fire-fighting unit or |
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other fire department of this state or of a political subdivision of |
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this state; |
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(B) a law enforcement agency of this state or of a |
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political subdivision of this state; or |
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(C) the Texas Department of Criminal Justice; or |
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(15) an individual who is employed by the state or a |
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political subdivision of the state and who is considered by the |
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governmental employer to be a trainee for a position otherwise |
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described by this section. |
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SECTION 2. Subsection (e), Section 615.021, Government |
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Code, is amended to read as follows: |
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(e) In this section: |
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(1) "Personal injury" means an injury resulting from |
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an external force, an activity, or a disease caused by or resulting |
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from: |
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(A) a line-of-duty accident; or |
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(B) an illness caused by line-of-duty work under |
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hazardous conditions. |
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(2) "Line of duty" means an action an individual |
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listed under Section 615.003 is required or authorized by rule, |
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condition of employment, or law to perform. The term includes: |
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(A) an action by the individual at a social, |
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ceremonial, athletic, or other function to which the individual is |
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assigned by the individual's employer; and |
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(B) an action performed as part of a training |
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program the individual is required or authorized by rule, condition |
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of employment, or law to undertake. |
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SECTION 3. Subsection (c), Section 615.073, Government |
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Code, is amended to read as follows: |
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(c) The surviving spouse is entitled to continue to purchase |
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health insurance coverage until [the earlier of:
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[(1) the date the surviving spouse remarries;
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[(2)
the date the surviving spouse becomes eligible
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for group health insurance through another employer; or
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[(3)] the date the surviving spouse becomes eligible |
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for federal Medicare benefits. |
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SECTION 4. Section 615.074, Government Code, is amended to |
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read as follows: |
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Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible |
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surviving dependent who is a minor child is entitled to continue |
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health insurance coverage until [the earlier of:
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[(1)] the date the dependent reaches the age of 18 |
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[years; or
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[(2)
the date the dependent becomes eligible for group
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health insurance through another employer]. |
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(b) An eligible surviving dependent who is not a minor child |
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is entitled to continue health insurance coverage until the earlier |
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of: |
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(1) [the date the dependent marries;
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[(2)] the date the dependent becomes eligible for |
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group health insurance through another employer; or |
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(2) [(3)] the date the dependent becomes eligible for |
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federal Medicare benefits. |
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SECTION 5. Subsections (a) and (c), Section 615.075, |
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Government Code, are amended to read as follows: |
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(a) An employing entity shall provide written notice to an |
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eligible survivor to whom this subchapter may apply of the |
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survivor's rights under this subchapter not later than the 10th day |
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after the date of the decedent's death. Not later than the 150th |
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day after the date of the decedent's death, the employing entity |
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shall send a subsequent written notice under this subsection by |
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certified mail to any eligible survivor who has not already elected |
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to continue coverage on or before that date. |
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(c) To receive continued coverage under this subchapter, |
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the employing entity must be informed not later than the 180th |
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[90th] day after the date the decedent died that the eligible |
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survivor elects to continue coverage. |
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SECTION 6. Section 615.077, Government Code, is amended to |
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read as follows: |
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Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is |
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entitled to continued coverage under this subchapter [is entitled
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to]: |
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(1) is entitled to: |
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(A) make payments for the coverage or have |
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payments made on the survivor's behalf at the same time and to the |
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same entity that payments for coverage are made by current |
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employees of the employing entity; and |
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(B) obtain [(2) purchase] the coverage at the |
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[group] rate paid by current employees of the employing entity for |
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that coverage; and |
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(2) may not be required to pay a premium amount for the |
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coverage that is greater than the premium amount that a current |
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employee of the employing entity without a spouse is required to pay |
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to cover the employee alone or to cover the employee and the |
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employee's dependent children, as applicable to the eligible |
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survivor [that exists at the time of payment]. |
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SECTION 7. Subchapter D, Chapter 615, Government Code, is |
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amended by adding Sections 615.080 and 615.081 to read as follows: |
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Sec. 615.080. GRACE PERIOD. Health insurance benefits |
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coverage in force on the date of the decedent's death under which a |
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deceased individual listed under Section 615.071 covered one or |
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more other persons may not lapse before the 181st day after the date |
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of the decedent's death for failure to pay the premium. |
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Sec. 615.081. LIMITED OPPORTUNITY FOR CERTAIN ELIGIBLE |
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SURVIVORS TO REAPPLY FOR COVERAGE. (a) This section applies only |
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to an eligible survivor of a deceased individual listed under |
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Section 615.071 who died on or after September 1, 1993. |
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(b) Notwithstanding any other provision of this subchapter |
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or other law, an eligible survivor to whom this section applies who |
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did not purchase continued health insurance benefits under this |
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subchapter or under the law codified by this subchapter within the |
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time allowed after the listed individual's death, or who |
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discontinued coverage under this subchapter or under the law |
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codified by this subchapter after the listed individual's death, |
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may reapply for coverage under the employing entity's health |
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insurance benefits plan not later than March 1, 2010. |
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(c) An eligible survivor who reapplies for coverage under |
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Subsection (b) is entitled to purchase the coverage according to |
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the same rate schedule and coverage options as would apply had the |
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eligible survivor continued coverage under this subchapter after |
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the listed individual's death. |
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(d) This section expires September 1, 2010. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 872 passed the Senate on |
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April 7, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 8, 2009, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 872 passed the House, with |
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amendment, on May 5, 2009, by the following vote: Yeas 145, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |