Bills filed for the 81st legislative session (part three)

by Rep. Allen Vaught

This article is the last of a three-part series discussing some of the bills I filed for the 81st legislative session. The last two articles looked at bills on insurance reform and bills filed in response to constituents, law enforcement, and local groups. This is not meant to be an exhaustive list but a glimpse into some of the things I have been working on.

For our Veterans and Service Members

As Vice-Chair of the House Committee on Defense and Veterans’ Affairs and as a veteran who served overseas, I’ve had the chance to visit with several veterans and military service members over the past several months about their concerns and changes they would like to see in Texas law.

One of my legislative aides, who is a member of the Texas National Guard, brought to my attention that our state troops do not have some of the same protections as our U.S. Armed Forces. To remedy some of the differences, I filed House Bill (HB) 3890 that allows for National Guard members to defer military deployment for up to one year if they have given birth or have adopted a child. The bill also states that a private employer commits an unlawful employment practice if the employer refuses to hire a member of the state military forces on the basis of the individual’s membership in the state military forces.

I am working on an amendment to this bill that will provide enforcement and remedies in the event a member of the Texas military forces is called to state active duty by the Governor in response to a natural disaster or other emergency and his/her employer refuses to reinstate the employee upon release from state active duty.

With many of our troops now serving our country in several tours of duty, I wanted to find some way to honor them for their service. House Bill 2934 would provide a one time property tax exemption for our Texas military service members that have served in a hostile fire or combat zone overseas. For those who do not yet own property, they will have a ten year window in which to apply for the exemption. I am also proud to say I just voted for a bill this past week that would waive tuition for Texas students that have one or more parents in the U.S. Armed Forces serving overseas in a combative military operation. The tuition would be waived for each semester that the parent is serving abroad.

Two bills have already received a public hearing and I am hopeful they will be headed to the House floor soon. HB 2011 creates a specialty license plate for members of the United States Army Special Forces, commonly known as the “Green Berets,” and HB 2372 will honor all of our Texans veterans with a medal of honor.

Coal Plant Moratorium

Last session, we had quite the debate over the 11 coal-fired power plants planned by TXU, which would have used old, outdated, and highly polluting technology. This year the debate is about how to incorporate and regulate new technology that captures and sequesters carbon dioxide for our current and future coal plants. There are two proposed plants tentatively planned for Odessa and Sweetwater, Texas using this new technology that would capture 60% and 85% of carbon dioxide, respectively.

As a way to balance our need for clean air with our need for energy and power, I filed HB 4384 that would put a two year moratorium on the permitting of coal-fired or petroleum-coke fired power plants that do not capture and sequester at least 60% of the plant’s carbon dioxide. Emissions from coal-fired power plants contribute to public heath and environmental problems. This legislation would address those problems while increasing demand for renewable energy, coal plants that capture and sequester carbon dioxide, and energy efficiency.

Insurance Fraud

In Texas, approximately 25 health insurance carriers use a database created by Ingenix, Inc. to determine out-of-network reimbursement rates for consumers and payments to practitioners. Investigations in other states have determined that many health insurance companies who use these schedules compiled by Ingenix to determine reimbursement rates for out-of-network care, have understated the market rate by up to 28 percent. Since Texas insurers use this same database, it is likely that a large proportion of Texas consumers and practitioners are losing money.

In response to this fraudulent practice, I filed House Bill 4385, which will create a new section of the Penal Code entitled “Fraud Against Practitioners.” The bill states that an offense occurs if a person (or company) utilizes a database they knew or should have known contains inaccuracies, and if proof of intent to deny or diminish payments can be shown. In this economic climate, such deceptive practices are completely unacceptable since they drive up health care costs for both consumers and practitioners.

I welcome your thoughts and ideas regarding the bills I have filed for the 81st legislative session. Keep in mind that these are the bills as introduced and that details are subject to change as part of the legislative process. Please email my office at District107.Vaught@house.state.tx.us with the subject line 81st Legislative Session Bills.

As always, please feel free to contact my office at (214) 370-8305 with any questions regarding these or other state issues. I look forward to hearing from you.