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  S.B. No. 423
 
 
 
 
AN ACT
  relating to health insurance coverage and financial assistance for
  eligible survivors of certain public servants killed in the line of
  duty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 615.041, Government Code, is amended to
  read as follows:
         Sec. 615.041.  PROOF OF CLAIM. As soon as practicable after
  [Proof of] the death of an individual listed under Section 615.003
  that is claimed to meet the requirements of Section 615.021(1), the
  individual's employing entity shall furnish [be furnished] to the
  board of trustees of the Employees Retirement System of Texas proof
  of the death in the form and with additional evidence and
  information required by the board.
         SECTION 2.  Subchapter C, Chapter 615, Government Code, is
  amended by adding Section 615.046 to read as follows:
         Sec. 615.046.  LIMITED ELIGIBILITY OF CERTAIN SURVIVORS TO
  FILE CLAIM.  (a)  Notwithstanding any other law, an eligible
  survivor of an individual described by Section 615.071 whose claim
  was denied or who otherwise did not receive payment on a claim under
  Section 615.022 because the individual's employing entity did not
  timely furnish proof of the individual's death to the board of
  trustees of the Employees Retirement System of Texas, may furnish
  the proof of death and file a claim not later than September 30,
  2011.  An eligible survivor who files a claim under this section is
  entitled to receive the payment under Section 615.022 that would
  have been received had proof of death been timely furnished.
         (b)  This section expires October 1, 2011.
         SECTION 3.  Section 615.071, Government Code, is amended to
  read as follows:
         Sec. 615.071.  APPLICABILITY. This subchapter applies only
  to eligible survivors of:
               (1)  an individual listed in Section 615.003(1), (6),
  or (7); [or]
               (2)  an individual listed in Section 615.003(10) or
  (11) who is employed by a political subdivision of the state; or
               (3)  an individual who is:
                     (A)  described by Section 615.003(15); and
                     (B)  employed as a trainee for a position
  otherwise described by this section.
         SECTION 4.  Section 615.072, Government Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A survivor of an individual listed under Section
  615.071 who would have been eligible for health insurance benefits
  during the life of the individual may not be denied health insurance
  benefits on the ground that the survivor was enrolled in group
  health insurance with another employer as of the date of the
  individual's death.
         SECTION 5.  Section 615.073, Government Code, is amended to
  read as follows:
         Sec. 615.073.  BENEFIT TO SURVIVING SPOUSE. (a)  An
  eligible surviving spouse of a deceased individual listed in
  Section 615.071 who was employed by the state is entitled to
  purchase or continue to purchase [continued] health insurance
  benefits under Chapter 1551, Insurance Code, as provided by this
  subchapter.
         (b)  An eligible surviving spouse of a deceased individual
  listed in Section 615.071 who was employed by a political
  subdivision of the state is entitled to purchase or continue to
  purchase [continued] health insurance benefits from the political
  subdivision that employed the deceased individual, including
  health coverage:
               (1)  provided by or through a political subdivision
  under:
                     (A)  a health insurance policy or health benefit
  plan written by a health insurer; or
                     (B)  a self-insured health benefits plan; or
               (2)  under Chapter 172, Local Government Code.
         (c)  The surviving spouse is entitled to [continue to]
  purchase or continue to purchase health insurance coverage until
  the date the surviving spouse becomes eligible for federal Medicare
  benefits.
         SECTION 6.  Section 615.074, Government Code, is amended to
  read as follows:
         Sec. 615.074.  BENEFIT TO DEPENDENT. (a)  An eligible
  surviving dependent who is a minor child is entitled to purchase or
  continue to purchase health insurance coverage until the date the
  dependent reaches the age of 18 or a later date to the extent
  required by state or federal law.
         (b)  An eligible surviving dependent who is not a minor child
  is entitled to purchase or continue to purchase health insurance
  coverage until the earlier of:
               (1)  the date the dependent becomes eligible for group
  health insurance through another employer; or
               (2)  the date the dependent becomes eligible for
  federal Medicare benefits.
         SECTION 7.  Subsections (a) and (c), Section 615.075,
  Government Code, are amended to read as follows:
         (a)  An employing entity shall provide written notice to an
  eligible survivor to whom this subchapter may apply of the
  survivor's rights under this subchapter not later than the 10th day
  after the date of the decedent's death.  Not later than the 150th
  day after the date of the decedent's death, the employing entity
  shall send a subsequent written notice under this subsection by
  certified mail to any eligible survivor who has not already elected
  to purchase or continue to purchase coverage on or before that date.
         (c)  To receive [continued] coverage under this subchapter,
  the employing entity must be informed not later than the 180th day
  after the date the decedent died that the eligible survivor elects
  to purchase or continue to purchase coverage.
         SECTION 8.  Section 615.076, Government Code, is amended to
  read as follows:
         Sec. 615.076.  LEVEL OF COVERAGE. (a)  An eligible survivor
  may elect to purchase or continue to purchase coverage at any level
  of benefits currently offered by the employing entity to dependents
  of an active employee.
         (b)  An eligible survivor may elect to purchase or continue
  to purchase coverage at a reduced level of benefits if the employing
  entity offers that option.
         SECTION 9.  Section 615.077, Government Code, is amended to
  read as follows:
         Sec. 615.077.  PAYMENTS; RATE.  An eligible survivor who is
  entitled to [continued] coverage under this subchapter:
               (1)  is entitled to:
                     (A)  make payments for the coverage or have
  payments made on the survivor's behalf at the same time and to the
  same entity that payments for coverage are made by current
  employees of the employing entity; and
                     (B)  obtain the coverage at the rate paid by
  current employees of the employing entity for that coverage; and
               (2)  may not be required to pay a premium amount for the
  coverage that is greater than the premium amount that a current
  employee of the employing entity without a spouse is required to pay
  to cover the employee alone or to cover the employee and the
  employee's dependent children, as applicable to the eligible
  survivor.
         SECTION 10.  Subchapter D, Chapter 615, Government Code, is
  amended by adding Section 615.082 to read as follows:
         Sec. 615.082.  LIMITED ELIGIBILITY OF CERTAIN SURVIVORS TO
  REAPPLY FOR COVERAGE. (a)  This section applies only to the
  eligible survivor of an individual described by Section 615.071 who
  died on or after September 1, 1993.
         (b)  Notwithstanding any other law, an eligible survivor to
  whom this section applies who did not purchase or receive health
  insurance coverage or benefits under this chapter on or before the
  date of the individual's death, or who did not notify the
  individual's employing entity of the survivor's election to
  purchase or continue to purchase coverage within the time allowed
  by law after the individual's death, may apply for health insurance
  benefits or coverage not later than September 1, 2012. An eligible
  survivor who applies for coverage under this section may purchase
  coverage according to the same rate schedule and coverage options
  that would apply if the eligible survivor had continued to purchase
  coverage after the individual's death.
         (c)  This section expires September 2, 2012.
         SECTION 11.  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, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 423 passed the Senate on
  April 7, 2011, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on April 29, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 423 passed the House, with
  amendment, on April 19, 2011, by the following vote: Yeas 146,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor