Bill Text: TX SB448 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain claims against the administrator of employment benefits for the employees of a political subdivision.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-02-14 - Referred to State Affairs [SB448 Detail]
Download: Texas-2019-SB448-Introduced.html
| 86R6371 SCL-D | ||
| By: Watson | S.B. No. 448 | |
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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. | ||
