Bill Text: TX HB964 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain claims against the administrator of employment benefits for the employees of a political subdivision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-25 - Referred to State Affairs [HB964 Detail]
Download: Texas-2019-HB964-Introduced.html
86R6371 SCL-D | ||
By: Cole | H.B. No. 964 |
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relating to certain claims against the administrator of employment | ||
benefits for the employees of a political subdivision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 180, Local Government Code, is amended | ||
by adding Section 180.008 to read as follows: | ||
Sec. 180.008. LIABILITY FOR CERTAIN EMPLOYMENT BENEFIT | ||
CLAIMS. (a) In this section, "program administrator" means a | ||
person who manages or administers a plan or program of employee | ||
benefits, including a self-funded or insured health benefit plan. | ||
The term includes an administrator, as that term is defined by | ||
Section 4151.001, Insurance Code. | ||
(b) Notwithstanding any other law, a program administrator | ||
that contracts with a political subdivision to manage or administer | ||
a plan or program of employee benefits for the political | ||
subdivision's employees is liable for a claim against the | ||
administrator, regardless of whether the political subdivision has | ||
governmental immunity, if: | ||
(1) the claim arises from a duty of the administrator | ||
under the contract; and | ||
(2) the administrator would otherwise be liable to the | ||
claimant under law. | ||
(c) A program administrator may not assert a defense of | ||
governmental immunity to suit or liability for a claim against the | ||
administrator described by this section. This section does not | ||
waive the governmental immunity to suit or liability of a political | ||
subdivision. | ||
SECTION 2. The heading to Chapter 180, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND | ||
EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND [ |
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GOVERNMENTS | ||
SECTION 3. Section 180.008, Local Government Code, as added | ||
by this Act, applies only to an action that commences on or after | ||
the effective date of this Act. An action that commences before the | ||
effective date of this Act is governed by the law applicable to the | ||
action immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 4. 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, 2019. |