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