HB 2911

Overall Vote Recommendation
No
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 2911 amends state law governing participation in the Teacher Retirement System of Texas (TRS) ActiveCare uniform group health coverage program for public school employees. The bill creates a one-time opportunity for school districts and open-enrollment charter schools that withdrew from the program between September 1, 2021, and September 1, 2023, to rejoin before the current five-year waiting period expires. To mitigate the financial risk associated with early reentry, the TRS trustee must assess a temporary risk stabilization fee on participating entities until the original five-year period has elapsed. The authority for this early reentry option expires September 1, 2033.

Beginning September 1, 2027, the bill also establishes additional state aid for school districts and open-enrollment charter schools that choose not to participate in the TRS ActiveCare program. The aid is calculated by dividing the total state appropriation for active employee health care by the statewide number of eligible public education employees and multiplying that amount by the number of employees of the non-participating district or charter school. Funds received under this new program may be used only to pay employer contributions toward employee group health coverage. This provision is intended to provide more equitable state support for districts that independently provide employee health insurance outside the statewide TRS ActiveCare program.

The Committee Substitute for HB 2911 retains the original bill's overall objective of expanding flexibility for school districts and open-enrollment charter schools in obtaining health coverage for employees, but it makes several important policy changes. Most notably, the substitute adds a financial safeguard for the Teacher Retirement System (TRS) ActiveCare program by requiring any participating entity that reenters the program early to pay a risk stabilization fee on its insurance premiums. The original bill simply allowed eligible entities that left TRS ActiveCare between September 1, 2021, and September 1, 2023, to return before the existing five-year waiting period expired, with the temporary reentry authority expiring September 1, 2030. The Committee Substitute extends that authority until September 1, 2033, while also requiring the TRS trustee to assess the stabilization fee for each plan year until the entity reaches the original five-year anniversary of its withdrawal.

The substitute also substantially revises the formula for calculating additional state aid for school districts and charter schools that do not participate in TRS ActiveCare. As originally filed, the bill based the per-employee allocation only on the total appropriation for active employee health care divided by the number of employees working for non-participating districts and schools, effectively limiting the calculation to entities already outside the statewide program. The Committee Substitute instead calculates the statewide per-employee amount using the total appropriation divided by the total number of employees, as defined by the Insurance Code, and then multiplies that amount by the number of individuals employed by the non-participating district or charter school. The substitute also clarifies that the calculation is performed annually for each state fiscal year, making the funding methodology more uniform and tied to the statewide public education workforce rather than only the subset of non-participating employers.

Overall, the Committee Substitute preserves the bill's two primary objectives, allowing certain districts to rejoin TRS ActiveCare early and providing additional state aid to districts that operate independent health plans, but modifies the legislation to reduce potential financial risk to the statewide insurance pool and to establish a broader, more standardized formula for distributing state aid. These changes make the substitute more fiscally structured than the originally filed version while maintaining the same underlying policy direction.
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill's overall fiscal impact is indeterminate, primarily because the cost of the new state aid program depends on future legislative appropriations that are not required under current law. Specifically, beginning September 1, 2027, the bill authorizes additional state aid for school districts and open-enrollment charter schools that do not participate in the TRS ActiveCare health insurance program. However, because the amount of aid is tied to future appropriations above the statutorily required funding level for TRS ActiveCare, the LBB concluded that the resulting cost to the Foundation School Program cannot currently be estimated.

The LBB also determined that the bill would have no significant fiscal impact on the Teacher Retirement System (TRS) ActiveCare program. Although the legislation allows certain school employers to reenter TRS ActiveCare before the expiration of the existing five-year waiting period, the committee substitute requires those employers to pay a risk stabilization fee. TRS reported that this fee is expected to offset any additional costs associated with early reentry, allowing the program to absorb those costs using existing resources.

For local governments, the fiscal effects are likewise uncertain. School districts that participate in TRS ActiveCare could experience changes in their health insurance costs depending on whether participation in the statewide program is more or less expensive than obtaining coverage independently. Conversely, districts and charter schools that remain outside TRS ActiveCare could receive additional state funding if future Legislatures appropriate supplemental funding for the program after fiscal year 2027. Because both outcomes depend on future participation decisions and legislative appropriations, the LBB concluded that the local fiscal impact cannot be determined at this time.

Vote Recommendation Notes

HB 2911 addresses legitimate concerns regarding school district flexibility and unequal treatment of districts that do not participate in the TRS-ActiveCare program. However, it does so by expanding the state's financial role in public employee health insurance rather than reducing government involvement. While the bill does not create a new agency or regulatory program, it establishes a new statutory entitlement to additional state aid for districts and charter schools that operate outside TRS-ActiveCare, increasing the scope of state financial obligations. Although future appropriations remain subject to legislative discretion, the bill creates an expectation of ongoing state support that could increase pressure for additional taxpayer funding in future legislative sessions.

The Committee Substitute mitigates some concerns by requiring a temporary risk stabilization fee for districts that reenter TRS-ActiveCare early, reducing the likelihood that existing participants subsidize those decisions. Nevertheless, the legislation expands the state's role in financing employee health benefits rather than encouraging a more market-oriented approach or reducing existing state obligations. The Legislative Budget Board concluded that the fiscal impact of the additional state aid cannot be determined because it depends on future appropriations, leaving taxpayers exposed to potentially increasing long-term costs.

The bill imposes little direct regulatory burden on individuals or private businesses and largely preserves local decision-making regarding employee health coverage. However, from a limited-government perspective, the creation of a new state aid mechanism represents an expansion of government spending and establishes a precedent for extending state subsidies beyond the existing TRS-ActiveCare program. While the bill seeks to promote equity among school districts, those objectives could be pursued through broader reforms that reduce state involvement rather than creating an additional avenue for state financial assistance. For these reasons, Texas Policy Research recommends that lawmakers vote NO on HB 2911.

  • Individual Liberty: The bill does not impose new mandates, prohibitions, penalties, or restrictions on individuals. It primarily affects the relationship between the state and public school employers by modifying participation rules for TRS-ActiveCare and adjusting state funding for employee health benefits. Individuals retain the same ability to enroll in health plans offered by their employers, and the bill neither expands nor contracts personal freedoms in a meaningful way.
  • Personal Responsibility: By creating an additional mechanism for state financial assistance to school districts that do not participate in TRS-ActiveCare, the bill increases reliance on state funding to support employer-provided health insurance. Rather than encouraging districts to fully bear the financial consequences of their health plan decisions, the legislation expands the availability of taxpayer-funded support regardless of whether a district participates in the statewide program. While the bill promotes funding parity, it also shifts a greater share of health benefit costs toward the state.
  • Free Enterprise: The bill neither substantially increases nor decreases market competition. School districts retain the flexibility to purchase health insurance through private carriers instead of TRS-ActiveCare, and the additional state aid may reduce a funding disparity that previously favored participation in the state program. At the same time, the bill continues state involvement in subsidizing public employee health benefits rather than moving toward a more market-driven system. Overall, its impact on competition is limited.
  • Private Property Rights: The bill does not affect the ownership, use, or regulation of private property. It creates no new authority related to land use, eminent domain, asset forfeiture, or property regulation.
  • Limited Government: Although the bill does not create a new agency or significant regulatory framework, it expands the state's role by establishing a new statutory mechanism for providing additional state aid to school districts and charter schools that do not participate in TRS-ActiveCare. This broadens the scope of state financial involvement in public employee health benefits and creates the potential for increased taxpayer expenditures through future legislative appropriations. The committee substitute's risk stabilization fee mitigates financial risk to the existing TRS-ActiveCare program, but it does not eliminate the broader expansion of state financial commitments. From a limited-government perspective, the bill modestly increases the size and scope of government.
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