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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a deferred compensation plan for dentists who |
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provide services under the Medicaid program; providing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 609.001, Government Code, is amended by |
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amending Subdivisions (2) and (2-a) and adding Subdivisions (2-b) |
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and (3-a) to read as follows: |
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(2) "Employee" means: |
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(A) an individual who is an officer or employee |
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of a state agency or political subdivision, as appropriate; or |
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(B) an independent contractor. |
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(2-a) "Independent contractor" means a dentist who |
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provides services under the Medicaid program. |
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(2-b) "Institution of higher education" means an |
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institution of higher education as defined by Section 61.003, |
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Education Code. |
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(3-a) "Medicaid program" means the medical assistance |
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program established under Chapter 32, Human Resources Code. |
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SECTION 2. Section 609.005(a), Government Code, is amended |
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to read as follows: |
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(a) A deferred compensation plan is a part of an employee's |
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compensation and is in addition to: |
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(1) a retirement, pension, or benefit system |
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established by law for the benefit of employees described by |
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Section 609.001(2)(A); or |
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(2) a retirement, pension, or benefit system or other |
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deferred compensation plan in which an employee described by |
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Section 609.001(2)(B) may participate. |
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SECTION 3. Section 609.007, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) The board of trustees may contract with an employee |
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described by Section 609.001(2)(B) who is participating in a |
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deferred compensation plan for the deferment of any part of the |
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compensation paid to the employee for the provision of services |
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under the Medicaid program. |
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SECTION 4. The heading to Subchapter C, Chapter 609, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. DEFERRED COMPENSATION PLANS FOR EMPLOYEES OF STATE |
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AGENCIES AND INDEPENDENT CONTRACTORS |
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SECTION 5. The heading to Section 609.502, Government Code, |
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is amended to read as follows: |
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Sec. 609.502. CREATION OF PLANS [PLAN]; PARTICIPATION. |
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SECTION 6. Section 609.502, Government Code, is amended by |
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adding Subsection (a-1) and amending Subsections (c) and (d) to |
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read as follows: |
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(a-1) To the extent permitted under federal law, the board |
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of trustees shall administer a 457 plan under this subchapter for |
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employees described by Section 609.001(2)(B). If cost-effective, |
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the board of trustees may provide the 457 plan required by this |
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subsection under the TexaSaver program established under |
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Subsection (a). |
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(c) The board of trustees may designate a person to assist |
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in the execution of the board's authority and responsibilities as a |
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plan administrator under this subchapter. |
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(d) A state agency may participate in either or both plans |
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described by Subsection (a). |
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SECTION 7. Section 609.508, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The board of trustees shall adopt rules, including |
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plans and procedures, and orders necessary to develop and implement |
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the deferred compensation plan required under Section |
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609.502(a-1). |
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SECTION 8. Section 609.511(a), Government Code, is amended |
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to read as follows: |
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(a) The board of trustees may assess a fee against |
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participating employees or qualified vendors, or both the employees |
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and the qualified vendors, in the manner and to the extent it |
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determines necessary to cover the costs of administering a [the] |
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plan established under this subchapter. |
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SECTION 9. As soon as practicable after the effective date |
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of this Act, the board of trustees of the Employees Retirement |
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System of Texas shall develop and implement the deferred |
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compensation plan required by Section 609.502(a-1), Government |
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Code, as added by this Act. |
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SECTION 10. If before implementing any provision of this |
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Act a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 11. This Act takes effect September 1, 2013. |