S.B. No. 97
  5-1                          COMMITTEE AMENDMENT NO. 1
  5-2           Amend S.B. 97 as follows:
  5-3           (1)  In Section 2 of the bill on page 3, lines 2 and 3,
  5-4     between the comma that ends line 2 and "supervisory" insert "Texas
  5-5     Department of Mental Health and Mental Retardation personnel who
  5-6     perform on-site services for the Texas Department of Criminal
  5-7     Justice,".
  5-8           (2)  In Section 2 of the bill on page 3, line 14, between the
  5-9     comma and "supervisory" insert "Texas Department of Mental Health
 5-10     and Mental Retardation personnel who perform on-site services for
 5-11     the Texas Department of Criminal Justice,".
 5-12           (3)  In Section 2 of the bill on page 3, line 25, between the
 5-13     comma and "supervisory" insert "Texas Department of Mental Health
 5-14     and Mental Retardation personnel who perform on-site services for
 5-15     the Texas Department of Criminal Justice,".
 5-16           (4)  In Section 2 of the bill on page 4, line 11, between the
 5-17     comma and "supervisory" insert "Texas Department of Mental Health
 5-18     and Mental Retardation personnel who perform on-site services for
 5-19     the Texas Department of Criminal Justice,".
 5-20           (5)  Strike Section 3 of the bill and substitute the
 5-21     following:
 5-22           SECTION 3.  Section 4, Chapter 86, Acts of the 60th
 5-23     Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
 5-24     Civil Statutes), is amended to read as follows:
 5-25           Sec. 4.  ADMINISTRATION.  This Act shall be administered by
 5-26     the State Board of Trustees of the Employees Retirement System of
 5-27     Texas, under rules and regulations adopted by said Board.  Proof of
  6-1     death claimed to be violent death in the course of performance of
  6-2     duty of a paid law enforcement officer, paid probation officer,
  6-3     paid parole officer, paid jailer, campus security personnel, member
  6-4     of an organized police reserve or auxiliary unit, custodial
  6-5     personnel of the institutional division of the Texas Department of
  6-6     Criminal Justice, Texas Department of Mental Health and Mental
  6-7     Retardation personnel who perform on-site services for the Texas
  6-8     Department of Criminal Justice <Corrections>, supervisory personnel
  6-9     in a county jail, juvenile correctional employee of the Texas Youth
 6-10     Commission, employee of the maximum security unit of the Texas
 6-11     Department of Mental Health and Mental Retardation <Rusk State
 6-12     Hospital for the Criminally Insane>, paid fireman, member of an
 6-13     organized volunteer fire department or park and recreational
 6-14     patrolmen and security officer shall be furnished to said Board of
 6-15     Trustees in such form as it may require, together with such
 6-16     additional evidence and information as it may require.
 6-17           (6)  Strike Section 4 of the bill.
 6-18           (7)  Strike existing Section 5 of the bill, substitute the
 6-19     following section of the bill, appropriately numbered, to read as
 6-20     follows, and renumber the remaining sections of the bill
 6-21     appropriately:
 6-22           SECTION ____.  Title 109, Revised Statutes, is amended by
 6-23     adding Article 6228f.1 to read as follows:
 6-24           Art. 6228f.1.  DEATH BENEFIT FOR CERTAIN PUBLIC SERVANTS
 6-25     EMPLOYED BY POLITICAL SUBDIVISION
 6-26           Sec. 1.  APPLICATION.  This article applies only to paid law
 6-27     enforcement officers, paid firemen, and supervisory personnel in a
  7-1     county jail, as those persons are defined by Section 2, Chapter 86,
  7-2     Acts of the 60th Legislature, Regular Session, 1967 (Article 6228f,
  7-3     Vernon's Texas Civil Statutes), who are employed by a political
  7-4     subdivision of the state and to the political subdivisions that
  7-5     employ those persons.
  7-6           Sec. 2.  BENEFITS REGARDLESS OF CAUSE OF DEATH.  (a)  If a
  7-7     paid law enforcement officer or a person appointed as supervisory
  7-8     personnel in a county jail dies, the employing political
  7-9     subdivision shall provide, at no cost, the deceased person's duty
 7-10     weapon, if any, and badge to the person's designated beneficiary,
 7-11     or if there is no designated beneficiary, to the person's estate.
 7-12     Each political subdivision of the state that employs paid law
 7-13     enforcement officers or county jail supervisory personnel shall
 7-14     provide them with a form on which they may designate their
 7-15     beneficiaries for purposes of this subsection.
 7-16           (b)  A political subdivision is not liable for damages caused
 7-17     by the use or misuse of a duty weapon provided to a designated
 7-18     beneficiary or estate under Subsection (a) of this section.
 7-19           (c)  If a paid law enforcement officer, paid fireman, or
 7-20     person appointed as supervisory personnel in a county jail dies and
 7-21     is to be buried in the person's uniform, the employing political
 7-22     subdivision shall provide the uniform at no cost.
 7-23           (8)  Strike existing Section 8 of the bill and substitute the
 7-24     following section of the bill, appropriately numbered, to read as
 7-25     follows:
 7-26           SECTION ____.  The changes in law made by this Act relating
 7-27     to the death of certain public servants apply only to a death that
  8-1     occurs on or after the effective date of this Act.  A death that
  8-2     occurred before the effective date of this Act is governed by the
  8-3     law in effect when the death occurred, and that law is continued in
  8-4     effect for that purpose.
  8-5     73R8851 MLR-D                                              Haggerty