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.