By: Kubiak H.B. No. 219
73R1508 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to death benefits payable to survivors of certain public
1-3 servants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Chapter 86, Acts of the 60th
1-6 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 1. It is hereby declared to be the public policy of
1-9 this State, under its police power, to provide financial assistance
1-10 to the surviving spouse and minor children, if any, or to the
1-11 surviving dependent parents, brothers, and sisters of paid law
1-12 enforcement officers, paid probation officers, paid parole
1-13 officers, paid jailers, campus security personnel, members of
1-14 organized police reserve or auxiliary units, custodial personnel of
1-15 the institutional division of the Texas Department of Criminal
1-16 Justice <Corrections>, supervisory personnel in a county jail,
1-17 juvenile correctional employees of the Texas Youth Commission,
1-18 employees of the maximum security unit of the Texas Department of
1-19 Mental Health and Mental Retardation <Rusk State Hospital for the
1-20 Criminally Insane>, paid firemen, emergency medical services
1-21 personnel, members of organized volunteer fire departments and park
1-22 and recreational patrolmen and security officers where such paid
1-23 law enforcement officers, paid probation officers, paid parole
1-24 officers, paid jailers, campus security personnel, members of
2-1 organized police reserve or auxiliary units, custodial personnel,
2-2 juvenile correctional employees of the Texas Youth Commission,
2-3 employees of the maximum security unit of the Texas Department of
2-4 Mental Health and Mental Retardation <Rusk State Hospital for the
2-5 Criminally Insane>, paid firemen, emergency medical services
2-6 personnel, members of organized volunteer fire departments, or park
2-7 and recreational patrolmen and security officers suffer violent
2-8 death in the course of the performance of their duties as paid law
2-9 enforcement officers, paid probation officers, paid parole
2-10 officers, paid jailers, campus security personnel, members of
2-11 organized police reserve or auxiliary units, custodial personnel of
2-12 the institutional division of the Texas Department of Criminal
2-13 Justice <Corrections>, employees of the Texas Youth Commission and
2-14 the maximum security unit of the Texas Department of Mental Health
2-15 and Mental Retardation <Rusk State Hospital for the Criminally
2-16 Insane>, paid firemen, emergency medical services personnel, and
2-17 members of organized volunteer fire departments, capitol security
2-18 commissioned officers, campus security personnel commissioned as
2-19 peace officers by authority granted under Section 51.203, Education
2-20 Code, or park and recreational patrolmen and security officers.
2-21 SECTION 2. Section 2(a), Chapter 86, Acts of the 60th
2-22 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
2-23 Civil Statutes), is amended by amending Subdivisions (4), (8), and
2-24 (9) and adding Subdivision (13) to read as follows:
2-25 (4) "Custodial personnel of the institutional division
2-26 of the Texas Department of Criminal Justice <Corrections>" means
2-27 the class of employees of the institutional division <Department of
3-1 Corrections> designated as custodial personnel by a resolution
3-2 adopted by the Texas Board of Criminal Justice or its predecessor
3-3 in function <Corrections>.
3-4 (8) "Paid probation officer" means an officer
3-5 appointed by the director of a community supervision and
3-6 corrections department <a district judge or district judges> with
3-7 the qualifications and duties set out in Sections 2 and 5, Article
3-8 42.131 <Section 10, Article 42.12>, Code of Criminal Procedure, or
3-9 an officer performing the duties of a paid probation officer who
3-10 was appointed by a district judge or district judges under former
3-11 law <1965, as amended>.
3-12 (9) "Paid parole officer" means an officer of the
3-13 pardons and paroles division <Division of Parole Supervision> of
3-14 the Texas Department of Criminal Justice <Board of Pardons and
3-15 Paroles> who has the qualifications and duties set out in Sections
3-16 2 and 19, Article 42.18 <26 through 29, Article 42.12>, Code of
3-17 Criminal Procedure, or in former law <1965, as amended>.
3-18 (13) "Emergency medical services personnel" has the
3-19 meaning assigned by Section 773.003, Health and Safety Code.
3-20 SECTION 3. Section 3(a), Chapter 86, Acts of the 60th
3-21 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
3-22 Civil Statutes), is amended to read as follows:
3-23 (a) In any case in which a paid law enforcement officer,
3-24 paid probation officer, paid parole officer, paid jailer, capitol
3-25 security commissioned officers, campus security personnel, a member
3-26 of an organized police reserve or auxiliary unit, custodial
3-27 personnel of the institutional division of the Texas Department of
4-1 Criminal Justice <Corrections>, supervisory personnel in a county
4-2 jail, juvenile correctional employee of the Texas Youth Commission,
4-3 employee of the maximum security unit of the Texas Department of
4-4 Mental Health and Mental Retardation <Rusk State Hospital for the
4-5 Criminally Insane>, paid emergency medical services personnel, paid
4-6 fireman, and/or member of an organized volunteer fire department
4-7 and/or park and recreational patrolmen and security officers
4-8 suffers violent death in the course of his duty as such paid law
4-9 enforcement officer, paid probation officer, paid parole officer,
4-10 paid jailer, campus security personnel, member of an organized
4-11 police reserve or auxiliary unit, custodial personnel of the
4-12 institutional division of the Texas Department of Criminal Justice
4-13 <Corrections>, supervisory personnel in a county jail, juvenile
4-14 correctional employee of the Texas Youth Commission, employee of
4-15 the maximum security unit of the Texas Department of Mental Health
4-16 and Mental Retardation <Rusk State Hospital for the Criminally
4-17 Insane>, paid emergency medical services personnel, paid fireman,
4-18 member of an organized volunteer fire department, or park and
4-19 recreational patrolmen and security officers, the State of Texas
4-20 shall pay to the surviving spouse of such paid law enforcement
4-21 officer, paid probation officer, paid parole officer, paid jailer,
4-22 campus security personnel, member of an organized police reserve or
4-23 auxiliary unit, custodial personnel of the institutional division
4-24 of the Texas Department of Criminal Justice <Corrections>,
4-25 supervisory personnel in a county jail, juvenile correctional
4-26 employee of the Texas Youth Commission, employee of the maximum
4-27 security unit of the Texas Department of Mental Health and Mental
5-1 Retardation <Rusk State Hospital for the Criminally Insane>, paid
5-2 emergency medical services personnel, paid fireman, or member of an
5-3 organized volunteer fire department, or park and recreational
5-4 patrolmen and security officers the sum of $20,000 and in addition
5-5 thereto, if such paid law enforcement officer, paid probation
5-6 officer, paid parole officer, paid jailer, campus security
5-7 personnel, member of an organized police reserve or auxiliary unit,
5-8 custodial personnel of the institutional division of the Texas
5-9 Department of Criminal Justice <Corrections>, supervisory personnel
5-10 in a county jail, juvenile correctional employee of the Texas Youth
5-11 Commission, employee of the maximum security unit of the Texas
5-12 Department of Mental Health and Mental Retardation <Rusk State
5-13 Hospital for the Criminally Insane>, paid emergency medical
5-14 services personnel, paid fireman, or member of an organized
5-15 volunteer fire department, or park and recreational patrolmen and
5-16 security officers shall be survived by a minor child or minor
5-17 children, the State of Texas shall pay to the duly appointed or
5-18 qualified guardian or other legal representative of each minor
5-19 child the following assistance:
5-20 If one minor child--$200 per month;
5-21 If two minor children--$300 per month; and
5-22 If three or more minor children--$400 per month.
5-23 Provided, that when any child entitled to benefits under this
5-24 Act ceases to be a minor child as that term is defined herein, his
5-25 entitlement to benefits shall terminate and any benefits payable
5-26 under this Act on behalf of his minor brothers and sisters, if any,
5-27 shall be adjusted to conform with the foregoing schedule if
6-1 necessary.
6-2 SECTION 4. Section 4, Chapter 86, Acts of the 60th
6-3 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
6-4 Civil Statutes), is amended to read as follows:
6-5 Sec. 4. This Act shall be administered by the State Board of
6-6 Trustees of the Employees Retirement System of Texas, under rules
6-7 and regulations adopted by said Board. Proof of death claimed to
6-8 be violent death in the course of performance of duty of a paid law
6-9 enforcement officer, paid probation officer, paid parole officer,
6-10 paid jailer, campus security personnel, member of an organized
6-11 police reserve or auxiliary unit, custodial personnel of the
6-12 institutional division of the Texas Department of Criminal Justice
6-13 <Corrections>, supervisory personnel in a county jail, juvenile
6-14 correctional employee of the Texas Youth Commission, employee of
6-15 the maximum security unit of the Texas Department of Mental Health
6-16 and Mental Retardation <Rusk State Hospital for the Criminally
6-17 Insane>, paid fireman, paid emergency medical services personnel,
6-18 member of an organized volunteer fire department or park and
6-19 recreational patrolmen and security officer shall be furnished to
6-20 said Board of Trustees in such form as it may require, together
6-21 with such additional evidence and information as it may require.
6-22 SECTION 5. The changes in law made by this Act do not apply
6-23 in relation to any death of emergency medical services personnel
6-24 that occurred before the effective date of this Act.
6-25 SECTION 6. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended,
7-3 and that this Act take effect and be in force from and after its
7-4 passage, and it is so enacted.