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AN ACT
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relating to group health benefits coverage for persons wrongfully |
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imprisoned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 103.001, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 103.001. CLAIMANTS ENTITLED TO COMPENSATION AND HEALTH |
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BENEFITS COVERAGE. |
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SECTION 2. Section 103.001, Civil Practice and Remedies |
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Code, is amended by adding Subsections (d) and (e) to read as |
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follows: |
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(d) Subject to this section, a person entitled to |
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compensation under Subsection (a) is also eligible to obtain group |
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health benefit plan coverage through the Texas Department of |
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Criminal Justice as if the person were an employee of the |
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department. This subsection does not entitle the person's spouse |
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or other dependent or family member to group health benefit plan |
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coverage. Coverage may be obtained under this subsection for a |
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period of time equal to the total period the claimant served for the |
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crime for which the claimant was wrongfully imprisoned, including |
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any period during which the claimant was released on parole or to |
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mandatory supervision or required to register under Chapter 62, |
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Code of Criminal Procedure. A person who elects to obtain coverage |
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under this subsection shall pay a monthly contribution equal to the |
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total amount of the monthly contributions for that coverage for an |
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employee of the department. |
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(e) Notwithstanding Section 103.053(c), annuity payments |
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may be reduced by an amount necessary to make the payments required |
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by Subsection (d), and that amount shall be transferred to an |
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appropriate account as provided by the comptroller by rule to fund |
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that coverage. |
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SECTION 3. Section 103.051, Civil Practice and Remedies |
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Code, is amended by adding Subsection (f) to read as follows: |
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(f) To apply for coverage through the Texas Department of |
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Criminal Justice under Section 103.001(d), the claimant must file |
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with the department: |
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(1) an application for coverage provided for that |
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purpose by the department; and |
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(2) a statement by the comptroller that the |
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comptroller has determined the claimant to be eligible for |
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compensation under this subchapter. |
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SECTION 4. Subchapter C, Chapter 1551, Insurance Code, is |
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amended by adding Section 1551.115 to read as follows: |
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Sec. 1551.115. PARTICIPATION BY WRONGFULLY IMPRISONED |
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PERSONS. Subject to Section 103.001, Civil Practice and Remedies |
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Code, a person who is entitled to compensation under Chapter 103, |
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Civil Practice and Remedies Code, is eligible to obtain health |
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benefit plan coverage under the group benefits program in the |
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manner and to the extent that an employee of the Texas Department of |
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Criminal Justice would be entitled to coverage, except that this |
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section does not entitle the person's spouse or other dependent or |
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family member to coverage. |
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SECTION 5. The change in law made by this Act applies to a |
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person the comptroller of public accounts has determined to be |
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eligible for compensation as provided by Subsection (b), Section |
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103.051, Civil Practice and Remedies Code, regardless of whether |
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the eligibility determination is made before, on, or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2011. |
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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. 1686 passed the Senate on |
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April 29, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 26, 2011, by the |
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following vote: Yeas 31, 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. 1686 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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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 |