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