By:  Lucio                                              S.B. No. 97
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to continued health care benefits for and death benefits
    1-2  payable to the survivors of certain public servants.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivisions (1), (2), (4), (8), and (9),
    1-5  Subsection (a), Section 2, Chapter 86, Acts of the 60th
    1-6  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
    1-7  Civil Statutes), are amended to read as follows:
    1-8              (1)  "Violent death in the course of performance of
    1-9  duty" means loss of life resulting from exposure to a risk inherent
   1-10  in the particular duty performed or a <and which> risk <is one> to
   1-11  which the general public is not customarily exposed.
   1-12              (2)  "Paid law enforcement officer" means a person
   1-13  elected, appointed, or employed as a peace officer by the state or
   1-14  a political subdivision of the state under <as defined in> Article
   1-15  2.12, <Texas> Code of Criminal Procedure, or other law <1965, and
   1-16  includes game wardens who are employees of the State of Texas paid
   1-17  on a full time basis for the enforcement of game laws and
   1-18  regulations, and campus security personnel commissioned as peace
   1-19  officers by authority granted under Section 51.203, Texas Education
   1-20  Code>.
   1-21              (4)  "Custodial personnel of the institutional division
   1-22  of the Texas Department of Criminal Justice <Corrections>" means
   1-23  the class of employees of the institutional division <Department of
   1-24  Corrections> designated as custodial personnel by a resolution
    2-1  adopted by the Texas Board of Criminal Justice or its predecessor
    2-2  in function <Corrections>.
    2-3              (8)  "Paid probation officer" means an officer
    2-4  appointed by the director of a community supervision and
    2-5  corrections department <a district judge or district judges> with
    2-6  the qualifications and duties set out in Sections 2 and 5, Article
    2-7  42.131 <Section 10, Article 42.12>, Code of Criminal Procedure, or
    2-8  an officer performing the duties of a paid probation officer who
    2-9  was appointed by a district judge or district judges under former
   2-10  law <1965, as amended>.
   2-11              (9)  "Paid parole officer" means an officer of the
   2-12  pardons and paroles division <Division of Parole Supervision> of
   2-13  the Texas Department of Criminal Justice <Board of Pardons and
   2-14  Paroles> who has the qualifications and duties set out in Sections
   2-15  2 and 19, Article 42.18 <26 through 29, Article 42.12>, Code of
   2-16  Criminal Procedure, or in former law <1965, as amended>.
   2-17        SECTION 2.  Section 3, Chapter 86, Acts of the 60th
   2-18  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
   2-19  Civil Statutes), is amended to read as follows:
   2-20        Sec. 3.  Assistance Payable.  (a)  In any case in which a
   2-21  paid law enforcement officer, paid probation officer, paid parole
   2-22  officer, paid jailer, capitol security commissioned officers,
   2-23  campus security personnel, a member of an organized police reserve
   2-24  or auxiliary unit, custodial personnel of the institutional
   2-25  division of the Texas Department of Criminal Justice <Corrections>,
   2-26  supervisory personnel in a county jail, juvenile correctional
   2-27  employee of the Texas Youth Commission, employee of the maximum
    3-1  security unit of the Texas Department of Mental Health and Mental
    3-2  Retardation <Rusk State Hospital for the Criminally Insane>, paid
    3-3  fireman, and/or member of an organized volunteer fire department
    3-4  and/or park and recreational patrolmen and security officers
    3-5  suffers violent death in the course of his duty as such paid law
    3-6  enforcement officer, paid probation officer, paid parole officer,
    3-7  paid jailer, campus security personnel, member of an organized
    3-8  police reserve or auxiliary unit, custodial personnel of the
    3-9  institutional division of the Texas Department of Criminal Justice
   3-10  <Corrections>, supervisory personnel in a county jail, juvenile
   3-11  correctional employee of the Texas Youth Commission, employee of
   3-12  the maximum security unit of the Texas Department of Mental Health
   3-13  and Mental Retardation <Rusk State Hospital for the Criminally
   3-14  Insane>, paid fireman, member of an organized volunteer fire
   3-15  department, or park and recreational patrolmen and security
   3-16  officers, the State of Texas shall pay to the surviving spouse of
   3-17  such paid law enforcement officer, paid probation officer, paid
   3-18  parole officer, paid jailer, campus security personnel, member of
   3-19  an organized police reserve or auxiliary unit, custodial personnel
   3-20  of the institutional division of the Texas Department of Criminal
   3-21  Justice <Corrections>, supervisory personnel in a county jail,
   3-22  juvenile correctional employee of the Texas Youth Commission,
   3-23  employee of the maximum security unit of the Texas Department of
   3-24  Mental Health and Mental Retardation <Rusk State Hospital for the
   3-25  Criminally Insane>, paid fireman, or member of an organized
   3-26  volunteer fire department, or park and recreational patrolmen and
   3-27  security officers the sum of $50,000 <$20,000> and in addition
    4-1  thereto, if such paid law enforcement officer, paid probation
    4-2  officer, paid parole officer, paid jailer, campus security
    4-3  personnel, member of an organized police reserve or auxiliary unit,
    4-4  custodial personnel of the institutional division of the Texas
    4-5  Department of Criminal Justice <Corrections>, supervisory personnel
    4-6  in a county jail, juvenile correctional employee of the Texas Youth
    4-7  Commission, employee of the maximum security unit of the Texas
    4-8  Department of Mental Health and Mental Retardation <Rusk State
    4-9  Hospital for the Criminally Insane>, paid fireman, or member of an
   4-10  organized volunteer fire department, or park and recreational
   4-11  patrolmen and security officers shall be survived by a minor child
   4-12  or minor children, the State of Texas shall pay to the duly
   4-13  appointed or qualified guardian or other legal representative of
   4-14  each minor child the following assistance:
   4-15        If one minor child--$200 per month;
   4-16        If two minor children--$300 per month; and
   4-17        If three or more minor children--$400 per month.
   4-18        Provided, that when any child entitled to benefits under this
   4-19  Act ceases to be a minor child as that term is defined herein, his
   4-20  entitlement to benefits shall terminate and any benefits payable
   4-21  under this Act on behalf of his minor brothers and sisters, if any,
   4-22  shall be adjusted to conform with the foregoing schedule if
   4-23  necessary.
   4-24        (b)  If a person covered by this Act suffers violent death in
   4-25  the course of duty, and only if that person is not survived by a
   4-26  spouse or minor child, the State of Texas shall pay to the
   4-27  surviving dependent parent of the person covered by this Act the
    5-1  sum of $50,000 <$20,000>.  If both parents of a person covered by
    5-2  this Act are surviving dependent parents, the State of Texas shall
    5-3  pay $25,000 <$10,000> to each parent.
    5-4        In addition to the payment to surviving dependent parents,
    5-5  and only if a person covered by this Act is not survived by a
    5-6  spouse or minor child, the State of Texas shall pay to the
    5-7  surviving dependent brothers and sisters, or to the duly appointed
    5-8  or qualified guardian or other legal representative of each
    5-9  surviving dependent brother or sister, the following assistance:
   5-10        If one surviving dependent brother or sister--$200 per month;
   5-11        If two surviving dependent brothers or sisters--$300 per
   5-12  month; and
   5-13        If three or more surviving dependent brothers or
   5-14  sisters--$400 per month.
   5-15        Provided, that when any surviving dependent brother or sister
   5-16  becomes 18 years old, that person's entitlement to benefits shall
   5-17  terminate and any benefits payable under this Act on behalf of
   5-18  other surviving dependent brothers and sisters shall be adjusted to
   5-19  conform with the foregoing schedule if necessary.
   5-20        SECTION 3.  Chapter 86, Acts of the 60th Legislature, Regular
   5-21  Session, 1967 (Article 6228f, Vernon's Texas Civil Statutes), is
   5-22  amended by adding Section 3A to read as follows:
   5-23        Sec. 3A.  HEALTH INSURANCE COVERAGE FOR SURVIVORS OF CERTAIN
   5-24  STATE EMPLOYEES.  (a)  If a paid law enforcement officer employed
   5-25  by the state or a person designated as custodial personnel of the
   5-26  institutional division of the Texas Department of Criminal Justice
   5-27  suffers violent death in the course of performance of duty, a
    6-1  person who meets the requirements of Subsection (b) of this section
    6-2  is entitled to purchase continued health insurance benefits under
    6-3  the Texas Employees Uniform Group Insurance Benefits Act (Article
    6-4  3.50-2, Vernon's Texas Insurance Code), as provided by this
    6-5  section.
    6-6        (b)  A person is entitled to purchase benefits as provided by
    6-7  this section if the person, at the time of death of a paid law
    6-8  enforcement officer employed by the state or a person designated as
    6-9  custodial personnel of the institutional division of the Texas
   6-10  Department of Criminal Justice, is the surviving spouse or a
   6-11  dependent of the officer or custodial employee.
   6-12        (c)  If the dependent is a surviving minor child, the
   6-13  dependent is entitled to continue health insurance coverage until
   6-14  the dependent reaches the age of 21 years or until the dependent
   6-15  becomes eligible for group health insurance through another
   6-16  employer.
   6-17        (d)  If the dependent is not a minor child, the dependent is
   6-18  entitled to continue health insurance coverage until the earlier
   6-19  of:
   6-20              (1)  the date the dependent marries;
   6-21              (2)  the date the dependent becomes eligible for group
   6-22  health insurance through another employer; or
   6-23              (3)  the date the dependent becomes eligible for
   6-24  federal Medicare benefits.
   6-25        (e)  The surviving spouse is entitled to continue to purchase
   6-26  health insurance coverage until the earlier of:
   6-27              (1)  the date the surviving spouse remarries;
    7-1              (2)  the date the surviving spouse becomes eligible for
    7-2  group health insurance through another employer; or
    7-3              (3)  the date the surviving spouse becomes eligible for
    7-4  federal Medicare benefits.
    7-5        (f)  To receive continued coverage under this section, the
    7-6  employing entity must be informed, not later than the 90th day
    7-7  after the date that the decedent died, that the eligible survivor
    7-8  elects to continue coverage.
    7-9        (g)  An eligible survivor may elect to continue coverage at
   7-10  any level of benefits currently offered by the employing entity to
   7-11  dependents of an active employee, or, if offered, the survivor may
   7-12  elect to continue coverage at a reduced level of benefits.
   7-13        (h)  A person who is entitled to continued coverage under
   7-14  this section is entitled to:
   7-15              (1)  make payments for the coverage or have payments
   7-16  made on the person's behalf at the same time and to the same entity
   7-17  that payments for coverage are made by current employees of the
   7-18  employing entity; and
   7-19              (2)  purchase the coverage at the group rate for that
   7-20  coverage that exists at the time of payment.
   7-21        (i)  The employing entity shall provide written notice to an
   7-22  eligible survivor to whom this section may apply of the person's
   7-23  rights under this section not later than the 10th day after the
   7-24  date of the decedent's death.  If an eligible survivor is a minor
   7-25  child, the employing entity shall also contemporaneously provide
   7-26  the notice to the child's parent or guardian, unless, after
   7-27  reasonable effort, the parent or guardian cannot be located.
    8-1        (j)  This section does not:
    8-2              (1)  prohibit an employing entity from uniformly
    8-3  changing the group health insurance plan or group health coverage
    8-4  plan provided for its employees and employees' dependents;
    8-5              (2)  affect the definition of a dependent or the
    8-6  eligibility requirements for a dependent under a plan; or
    8-7              (3)  prohibit an employing entity from increasing the
    8-8  cost of group health coverage to its employees and to eligible
    8-9  survivors covered under this section to reflect the increased cost,
   8-10  if any, attributable to compliance with this section.
   8-11        SECTION 4.  Section 7, Chapter 86, Acts of the 60th
   8-12  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
   8-13  Civil Statutes), is amended to read as follows:
   8-14        Sec. 7.  Effect of Award.  Except as provided by Article
   8-15  6228f.1, Revised Statutes, any <Any> finding that any benefit is
   8-16  payable to the surviving spouse, minor child or children, or
   8-17  surviving dependent parent, brother, or sister of a person to whom
   8-18  this Act applies shall not be declaratory of the cause, nature or
   8-19  effect of such death for any other purpose whatsoever, and a
   8-20  finding that a particular loss of life is within the provisions of
   8-21  this Act shall not affect in any manner any other claim or cause of
   8-22  action whatsoever arising from or connected with such loss of life.
   8-23        SECTION 5.  Title 109, Revised Statutes, is amended by adding
   8-24  Article 6228f.1 to read as follows:
   8-25        Art. 6228f.1.  RIGHTS OF SURVIVORS OF CERTAIN PUBLIC SERVANTS
   8-26        Sec. 1.  APPLICATION.  This article applies only to paid law
   8-27  enforcement officers, paid firemen, and supervisory personnel in a
    9-1  county jail, as those persons are defined by Section 2, Chapter 86,
    9-2  Acts of the 60th Legislature, Regular Session, 1967 (Article 6228f,
    9-3  Vernon's Texas Civil Statutes), who are employed by a political
    9-4  subdivision of the state and to the political subdivisions that
    9-5  employ those persons.
    9-6        Sec. 2.  DEFINITIONS.  In this article, "minor child" and
    9-7  "violent death in the course of performance of duty" have the
    9-8  meaning assigned by Section 2, Chapter 86, Acts of the 60th
    9-9  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
   9-10  Civil Statutes).
   9-11        Sec. 3.  BENEFITS REGARDLESS OF CAUSE OF DEATH.  (a)  If a
   9-12  paid law enforcement officer or a person appointed as supervisory
   9-13  personnel in a county jail dies, the employing political
   9-14  subdivision shall provide, at no cost, the deceased person's duty
   9-15  weapon, if any, and badge to the person's designated beneficiary,
   9-16  or if there is no designated beneficiary, to the person's estate.
   9-17  Each political subdivision of the state that employs paid law
   9-18  enforcement officers or county jail supervisory personnel shall
   9-19  provide them with a form on which they may designate their
   9-20  beneficiaries for purposes of this subsection.
   9-21        (b)  A political subdivision is not liable for damages caused
   9-22  by the use or misuse of a duty weapon provided to a designated
   9-23  beneficiary or estate under Subsection (a) of this section.
   9-24        (c)  If a paid law enforcement officer, paid fireman, or
   9-25  person appointed as supervisory personnel in a county jail dies and
   9-26  is to be buried in the person's uniform, the employing political
   9-27  subdivision shall provide the uniform at no cost.
   10-1        Sec. 4.  HEALTH INSURANCE COVERAGE.  (a)  When a person to
   10-2  whom this article applies suffers violent death in the course of
   10-3  performance of duty and it is determined under Chapter 86, Acts of
   10-4  the 60th Legislature, Regular Session, 1967 (Article 6228f,
   10-5  Vernon's Texas Civil Statutes), that a claim under that Act is
   10-6  valid and justifies payment under that Act, then in addition to any
   10-7  benefits payable by the state under that Act, an eligible survivor
   10-8  is entitled to purchase continued health insurance benefits from
   10-9  the political subdivision that employed the decedent as provided by
  10-10  this section.
  10-11        (b)  In this section, "health insurance" includes health
  10-12  coverage provided by or through a political subdivision under a
  10-13  self-insured health benefits plan or under Chapter 172, Local
  10-14  Government Code.
  10-15        (c)  An eligible survivor under this section is a person who,
  10-16  on the date of death of the paid law enforcement officer, paid
  10-17  fireman, or person appointed as supervisory personnel in a county
  10-18  jail, is the surviving spouse or a dependent of the officer,
  10-19  fireman, or supervisory employee.
  10-20        (d)  If the dependent is a surviving minor child, the
  10-21  dependent is entitled to continue health insurance coverage until
  10-22  the dependent reaches the age of 21 years or until the dependent
  10-23  becomes eligible for group health insurance through another
  10-24  employer.
  10-25        (e)  If the dependent is not a minor child, the dependent is
  10-26  entitled to continue health insurance coverage until the earlier
  10-27  of:
   11-1              (1)  the date the dependent marries;
   11-2              (2)  the date the dependent becomes eligible for group
   11-3  health insurance through another employer; or
   11-4              (3)  the date the dependent becomes eligible for
   11-5  federal Medicare benefits.
   11-6        (f)  The surviving spouse is entitled to continue health
   11-7  insurance coverage until the earlier of:
   11-8              (1)  the date the surviving spouse remarries;
   11-9              (2)  the date the surviving spouse becomes eligible for
  11-10  group health insurance through another employer; or
  11-11              (3)  the date the surviving spouse becomes eligible for
  11-12  federal Medicare benefits.
  11-13        (g)  To receive continued coverage under this section, the
  11-14  employing entity must be informed, not later than the 90th day
  11-15  after the date that the decedent died, that the survivor elects to
  11-16  continue coverage.
  11-17        (h)  An eligible survivor may elect to continue coverage at
  11-18  any level of benefits currently offered by the employing entity to
  11-19  dependents of an active employee, or, if offered, the survivor may
  11-20  elect to continue coverage at a reduced level of benefits.
  11-21        (i)  A person who is entitled to continued coverage under
  11-22  this section is entitled to:
  11-23              (1)  make payments for the coverage or have payments
  11-24  made on the person's behalf at the same time and to the same entity
  11-25  that payments for coverage are made by current employees of the
  11-26  employing entity; and
  11-27              (2)  purchase the coverage at the group rate for that
   12-1  coverage that exists at the time of payment.
   12-2        (j)  The employing entity shall provide written notice to an
   12-3  eligible survivor to whom this section may apply of the person's
   12-4  rights under this section not later than the 10th day after the
   12-5  date of the decedent's death.  If an eligible survivor is a minor
   12-6  child, the employing entity shall also contemporaneously provide
   12-7  the notice to the child's parent or guardian unless, after
   12-8  reasonable effort, the parent or guardian cannot be located.
   12-9        (k)  This section does not:
  12-10              (1)  prohibit a political subdivision from uniformly
  12-11  changing the group health insurance plan or group health coverage
  12-12  plan provided for its employees and employees' dependents;
  12-13              (2)  affect the definition of a dependent or the
  12-14  eligibility requirements for a dependent under a plan;
  12-15              (3)  prohibit a political subdivision from increasing
  12-16  the cost of group  health coverage to its employees and to eligible
  12-17  survivors covered under this section to reflect the increased cost,
  12-18  if any, attributable to compliance with this section; or
  12-19              (4)  affect the right of a political subdivision to
  12-20  self-insure or provide coverage under Chapter 172, Local Government
  12-21  Code.
  12-22        SECTION 6.  Title 109, Revised Statutes, is amended by adding
  12-23  Article 6228f.2 to read as follows:
  12-24        Art. 6228f.2.  DEATH BENEFIT FOR PEACE OFFICERS EMPLOYED BY
  12-25  THE STATE.  (a)  If a person who is a peace officer under Article
  12-26  2.12, Code of Criminal Procedure, or other law and who is employed
  12-27  by the state, including any state agency or any institution of
   13-1  higher education under Section 61.003, Education Code, dies, the
   13-2  state or the appropriate agency or institution of the state shall
   13-3  provide, at no cost, the deceased person's duty weapon, if any, and
   13-4  badge to the person's designated beneficiary or, if there is no
   13-5  designated beneficiary, to the person's estate.  The state and each
   13-6  agency or institution of the state that employs peace officers
   13-7  shall provide each officer with a form on which the officer may
   13-8  designate beneficiaries for purposes of this subsection.
   13-9        (b)  The state or an agency or institution of the state is
  13-10  not liable for damages caused by the use or misuse of a duty weapon
  13-11  provided to a designated beneficiary or estate under Subsection (a)
  13-12  of this article.
  13-13        (c)  If a peace officer covered under Subsection (a) of this
  13-14  article dies and is to be buried in the person's uniform, the state
  13-15  or appropriate employing agency or institution of the state shall
  13-16  provide the uniform at no cost.
  13-17        SECTION 7.  This Act takes effect September 1, 1993.
  13-18        SECTION 8.  (a)  The changes in law made by this Act relating
  13-19  to the death of certain public servants apply only to a death that
  13-20  occurs on or after the effective date of this Act.  A death that
  13-21  occurred before the effective date of this Act is governed by the
  13-22  law in effect when the death occurred, and that law is continued in
  13-23  effect for that purpose.
  13-24        (b)  An employing entity that is required by this Act to make
  13-25  continued health benefits available to a survivor of an employee,
  13-26  but that is not allowed to provide the coverage under the terms of
  13-27  the entity's existing group health plan, shall ensure that the
   14-1  required continued health benefits coverage is provided for in any
   14-2  plan that is adopted, amended, or renewed by the employing entity
   14-3  on or after the effective date of this Act.  The period during
   14-4  which a person must inform an employing entity that the person
   14-5  elects to continue health benefits coverage under this Act is
   14-6  extended by the amount of time that occurs after the date that the
   14-7  employee dies and before the date that the survivor receives
   14-8  written notice from the employing entity that the survivor is
   14-9  presently able to purchase the continued health benefits coverage
  14-10  required to be provided under this Act.
  14-11        SECTION 9.  The importance of this legislation and the
  14-12  crowded condition of the calendars in both houses create an
  14-13  emergency   and   an   imperative   public   necessity   that   the
  14-14  constitutional rule requiring bills to be read on three several
  14-15  days in each house be suspended, and this rule is hereby suspended.