CHAPTER 1581. EMPLOYER EXPENDITURES FOR SCHOOL EMPLOYEE HEALTH COVERAGE PLANS
INSURANCE CODE
TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES
SUBTITLE H. HEALTH BENEFITS AND OTHER COVERAGES FOR GOVERNMENTAL
EMPLOYEES
CHAPTER 1581. EMPLOYER EXPENDITURES FOR SCHOOL EMPLOYEE HEALTH
COVERAGE PLANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1581.001. DEFINITIONS. In this chapter:
(1) "Participating employee" means an employee of a school
district, other educational district whose employees are members
of the Teacher Retirement System of Texas, participating charter
school, or regional education service center who participates in
a group health coverage plan provided by or through the district,
school, or service center.
(2) "Participating charter school" means an open-enrollment
charter school established under Subchapter D, Chapter 12,
Education Code, that participates in the uniform group coverage
program established under Chapter 1579.
(3) "Regional education service center" means a regional
education service center established under Chapter 8, Education
Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.471(a), eff.
Sept. 1, 2003.
SUBCHAPTER B. MAINTENANCE OF EFFORT; MINIMUM EFFORT
Sec. 1581.051. MAINTENANCE OF EFFORT FOR 2000-2001 SCHOOL YEAR.
(a) Subject to Sections 1581.052 and 1581.053, and except as
provided by Section 1581.054, a school district, other
educational district whose employees are members of the Teacher
Retirement System of Texas, participating charter school, or
regional education service center that, for the 2000-2001 school
year, paid amounts to share with employees the cost of coverage
under a group health coverage plan shall, for each fiscal year,
use to provide health coverage an amount for each participating
employee at least equal to the amount computed as provided by
this section.
(b) The school district, other educational district,
participating charter school, or regional education service
center shall divide the amount that the district, school, or
service center paid during the 2000-2001 school year for the
prior group health coverage plan by the total number of full-time
employees of the district, school, or service center in the
2000-2001 school year and multiply the result by the number of
full-time employees of the district, school, or service center in
the fiscal year for which the computation is made. If, for the
2000-2001 school year, a school district, other educational
district, participating charter school, or regional education
service center provided group health coverage to its employees
through a self-funded insurance plan, the amount the district,
school, or service center paid during that school year for the
plan includes only the amount of regular contributions made by
the district, school, or service center to the plan.
(c) Amounts used as required by this section shall be deposited,
as applicable, in a fund described by Section 1581.052(b).
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.471(a), eff.
Sept. 1, 2003.
Sec. 1581.052. REQUIRED MINIMUM EFFORT. (a) A school district,
other educational district, participating charter school, or
regional education service center shall, for each fiscal year,
use to provide health coverage an amount equal to the number of
participating employees of the district, school, or service
center multiplied by $1,800.
(b) Amounts used as required by this section shall be deposited,
as applicable, in:
(1) the Texas school employees uniform group coverage trust fund
established under Subchapter G, Chapter 1579; or
(2) another fund established for the payment of employee health
coverage that meets requirements for those funds prescribed by
the Texas Education Agency.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.471(a), eff.
Sept. 1, 2003.
Sec. 1581.053. USE OF STATE FUNDS. (a) To comply with Section
1581.052, a school district or participating charter school may
use state funds received under Chapter 42, Education Code, other
than funds that may be used under that chapter only for a
specific purpose.
(b) Notwithstanding Subsection (a), amounts a district or school
is required to use to pay contributions under a group health
coverage plan for district or school employees under Section
42.260, Education Code, other than amounts described by Section
42.260(c)(2)(B), are not used in computing whether the district
or school complies with Section 1581.052.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.471(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 84, eff. September 1, 2009.
Sec. 1581.054. EXCESS OF MAINTENANCE OF EFFORT. If the amount a
school district, other educational district, or participating
charter school is required to use to provide health coverage
under Section 1581.051 for a fiscal year exceeds the amount
necessary for the district or school to comply with Section
1581.052(a) for that year, the district or school may use the
excess only to provide employee compensation at a rate greater
than the rate of compensation that the district or school paid an
employee in the 2000-2001 school year, benefits, or both.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.471(a), eff.
Sept. 1, 2003.