H.B. No. 4034

	AN ACT
	relating to certain disability and death benefits payable by the
	public retirement systems for police and fire fighters in certain
	municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the David Walters Act.
	SECTION 2.  Section 6.04(f), Article 6243a-1, Revised
	Statutes, is amended to read as follows:
	(f)  Subject to Subsections (f-1), (f-3), and (g) of this
	section, the disability pension of a Group B member shall be
	calculated as follows:
	(1)  for a member who began active service before March
	1, 2011, the member's disability pension shall be the sum of:
	(A)  the member's number of years of pension
	service earned before September 1, 2017, prorated for fractional
	years, times three percent of the average computation pay
	determined over the 36 consecutive months of pension service in
	which the member received the highest computation pay; plus
	(B)  the number of years of pension service,
	including pension service credit imputed under Section 6.05(c) of
	this article, earned on or after September 1, 2017, prorated for
	fractional years, times 2.5 percent [the applicable percentage
	prescribed by Section 6.02(b-1) of this article] of the average
	computation pay determined over the 60 consecutive months of
	pension service in which the member received the highest
	computation pay; or
	(2)  for a member who began active service on or after
	March 1, 2011, the member's disability pension shall be the number
	of years of pension service, including pension service credit
	imputed under Section 6.05(c) of this article, prorated for
	fractional years, times 2.5 percent of the average computation pay
	determined over the 60 consecutive months of pension service in
	which the member received the highest computation pay.
	SECTION 3.  Section 6.08, Article 6243a-1, Revised Statutes,
	is amended by amending Subsections (b) and (b-2) and adding
	Subsections (b-4) and (b-5) to read as follows:
	(b)  Subject to Subsection (b-2) of this section, death
	benefits shall be computed as follows for the qualified survivors
	of Group B members who die while on active service:
	(1)  the death benefit of a qualified survivor who is
	the spouse of a member who began active service:
	(A)  before March 1, 2011, shall be the sum of:
	(i)  the number of years of pension service
	earned before September 1, 2017, prorated for fractional years,
	times, except as provided by Subsection (b-4) of this section, 1.5
	percent of the average computation pay determined over the 36
	consecutive months of pension service in which the Group B member
	received the highest computation pay; plus
	(ii)  the number of years of pension
	service, including pension service credit imputed under Section
	6.05(c) of this article, after September 1, 2017, prorated for
	fractional years, times, except as provided by Subsection (b-4) of
	this section, 1.25 percent [the applicable percentage rate set
	forth below] of the average computation pay determined over the 60
	consecutive months of pension service in which the Group B member
	received the highest computation pay[:
	[Age of Member When Retirement Pension Begins Percent
	[58 and older 1.25%
	[57 1.2%
	[56 1.15%
	[55 1.10%
	[54 1.05%
	[53 and younger 1.0%]; or
	(B)  on or after March 1, 2011, shall be the number
	of years of pension service, including pension service imputed
	under Section 6.05(c) of this article, prorated for fractional
	years, times, except as provided by Subsection (b-4) of this
	section, 1.25 percent of the average computation pay determined
	over the 60 consecutive months of pension service in which the Group
	B member received the highest computation pay;
	(2)  the death benefit of qualified survivors who are a
	member's children shall be computed in the same manner as a spouse's
	benefit is computed under Subdivision (1)(A) or (B) of this
	subsection, as applicable, and shall be divided equally among all
	of the children who are qualified survivors; and
	(3)  the death benefit of each qualified survivor who
	is a member's dependent parent shall be computed in the same manner
	as a spouse's Group B benefit is computed under Subdivision (1)(A)
	or (B) of this subsection, as applicable.
	(b-2)  The death benefit calculated under Subsection (b) of
	this section may not exceed the greater of:
	(1)  except as provided by Subsection (b-4) of this
	section, 45 percent of the member's average computation pay
	determined over the 36 or 60 consecutive months, as applicable, in
	which the Group B member received the highest computation pay; or
	(2)  the vested and accrued death benefit as determined
	on August 31, 2017.
	(b-4)  If a member dies in the line of duty, as determined by
	the board under Subsection (b-5) of this section, the percentage
	rate applied to the member's average computation pay under:
	(1)  Subsection (b)(1)(A)(i) of this section is 3
	percent instead of 1.5 percent at such time as there are qualified
	survivors who are either the member's children or surviving spouse,
	but not both;
	(2)  Subsection (b)(1)(A)(ii) of this section is 2.5
	percent instead of 1.25 percent at such time as there are qualified
	survivors who are either the member's children or surviving spouse,
	but not both;
	(3)  Subsection (b)(1)(B) of this section is 2.5
	percent instead of 1.25 percent at such time as there are qualified
	survivors who are either the member's children or surviving spouse,
	but not both; and
	(4)  Subsection (b-2)(1) is 90 percent instead of 45
	percent.
	(b-5)  A member is considered to have died in the line of duty
	if the member's death is caused by the performance of the member's
	duties for the member's department. The board shall determine
	whether a member died in the line of duty. In making a determination
	under this subsection, the board may consider as guidance the
	determination of the same or similar issue made by another
	governmental entity.
	SECTION 4.  Section 6.04(f), Article 6243a-1, Revised
	Statutes, as amended by this Act, applies only to a disability
	pension for which an application is filed on or after the effective
	date of this Act. A disability pension for which an application is
	filed before the effective date of this Act is governed by the law
	in effect immediately before the effective date of this Act, and the
	former law is continued in effect for that purpose.
	SECTION 5.  (a) In this section, "board" and "member" have
	the meanings assigned by Section 2.01, Article 6243a-1, Revised
	Statutes.
	(b)  Subject to Subsection (c) of this section, Section 6.08,
	Article 6243a-1, Revised Statutes, as amended by this Act, applies
	only to a death benefit payable on or after the effective date of
	this Act.
	(c)  If a member died in the line of duty before September 1,
	2023, as determined by the board in accordance with Section
	6.08(b-5), Article 6243a-1, Revised Statutes, as added by this Act,
	the death benefit payable on or after September 1, 2023, to the
	member's surviving spouse or children shall be adjusted in
	accordance with Section 6.08(b-4), Article 6243a-1, Revised
	Statutes, as added by this Act, as applicable. The surviving spouse
	or children of a member described by this subsection are not
	entitled to payment of any adjusted benefits relating to death
	benefits paid before September 1, 2023.
	SECTION 6.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4034 was passed by the House on May 2,
	2023, by the following vote:  Yeas 140, Nays 4, 3 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 4034 on May 24, 2023, by the following vote:  Yeas 144, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4034 was passed by the Senate, with
	amendments, on May 18, 2023, by the following vote:  Yeas 30, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor