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.