By: Lucio S.B. No. 97
73R1421 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to death benefits payable to the survivors of certain
1-3 public servants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2(a)(1), (2), (4), (8), and (9), Chapter
1-6 86, Acts of the 60th Legislature, Regular Session, 1967 (Article
1-7 6228f, Vernon's Texas Civil Statutes), are amended to read as
1-8 follows:
1-9 (1) "Violent death in the course of performance of
1-10 duty" means loss of life resulting from exposure to a risk inherent
1-11 in the particular duty performed or a <and which> risk <is one> to
1-12 which the general public is not customarily exposed.
1-13 (2) "Paid law enforcement officer" means a person
1-14 elected, appointed, or employed as a peace officer by the state or
1-15 a political subdivision of the state under <as defined in> Article
1-16 2.12, <Texas> Code of Criminal Procedure, or other law <1965, and
1-17 includes game wardens who are employees of the State of Texas paid
1-18 on a full time basis for the enforcement of game laws and
1-19 regulations, and campus security personnel commissioned as peace
1-20 officers by authority granted under Section 51.203, Texas Education
1-21 Code>.
1-22 (4) "Custodial personnel of the institutional division
1-23 of the Texas Department of Criminal Justice <Corrections>" means
1-24 the class of employees of the institutional division <Department of
2-1 Corrections> designated as custodial personnel by a resolution
2-2 adopted by the Texas Board of Criminal Justice or its predecessor
2-3 in function <Corrections>.
2-4 (8) "Paid probation officer" means an officer
2-5 appointed by the director of a community supervision and
2-6 corrections department <a district judge or district judges> with
2-7 the qualifications and duties set out in Sections 2 and 5, Article
2-8 42.131 <Section 10, Article 42.12>, Code of Criminal Procedure, or
2-9 an officer performing the duties of a paid probation officer who
2-10 was appointed by a district judge or district judges under former
2-11 law <1965, as amended>.
2-12 (9) "Paid parole officer" means an officer of the
2-13 pardons and paroles division <Division of Parole Supervision> of
2-14 the Texas Department of Criminal Justice <Board of Pardons and
2-15 Paroles> who has the qualifications and duties set out in Sections
2-16 2 and 19, Article 42.18 <26 through 29, Article 42.12>, Code of
2-17 Criminal Procedure, or in former law <1965, as amended>.
2-18 SECTION 2. Section 3, Chapter 86, Acts of the 60th
2-19 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
2-20 Civil Statutes), is amended to read as follows:
2-21 Sec. 3. Assistance Payable. (a) In any case in which a
2-22 paid law enforcement officer, paid probation officer, paid parole
2-23 officer, paid jailer, capitol security commissioned officers,
2-24 campus security personnel, a member of an organized police reserve
2-25 or auxiliary unit, custodial personnel of the institutional
2-26 division of the Texas Department of Criminal Justice <Corrections>,
2-27 supervisory personnel in a county jail, juvenile correctional
3-1 employee of the Texas Youth Commission, employee of the maximum
3-2 security unit of the Texas Department of Mental Health and Mental
3-3 Retardation <Rusk State Hospital for the Criminally Insane>, paid
3-4 fireman, and/or member of an organized volunteer fire department
3-5 and/or park and recreational patrolmen and security officers
3-6 suffers violent death in the course of his duty as such paid law
3-7 enforcement officer, paid probation officer, paid parole officer,
3-8 paid jailer, campus security personnel, member of an organized
3-9 police reserve or auxiliary unit, custodial personnel of the
3-10 institutional division of the Texas Department of Criminal Justice
3-11 <Corrections>, supervisory personnel in a county jail, juvenile
3-12 correctional employee of the Texas Youth Commission, employee of
3-13 the maximum security unit of the Texas Department of Mental Health
3-14 and Mental Retardation <Rusk State Hospital for the Criminally
3-15 Insane>, paid fireman, member of an organized volunteer fire
3-16 department, or park and recreational patrolmen and security
3-17 officers, the State of Texas shall pay to the surviving spouse of
3-18 such paid law enforcement officer, paid probation officer, paid
3-19 parole officer, paid jailer, campus security personnel, member of
3-20 an organized police reserve or auxiliary unit, custodial personnel
3-21 of the institutional division of the Texas Department of Criminal
3-22 Justice <Corrections>, supervisory personnel in a county jail,
3-23 juvenile correctional employee of the Texas Youth Commission,
3-24 employee of the maximum security unit of the Texas Department of
3-25 Mental Health and Mental Retardation <Rusk State Hospital for the
3-26 Criminally Insane>, paid fireman, or member of an organized
3-27 volunteer fire department, or park and recreational patrolmen and
4-1 security officers the sum of $50,000 <$20,000> and in addition
4-2 thereto, if such paid law enforcement officer, paid probation
4-3 officer, paid parole officer, paid jailer, campus security
4-4 personnel, member of an organized police reserve or auxiliary unit,
4-5 custodial personnel of the institutional division of the Texas
4-6 Department of Criminal Justice <Corrections>, supervisory personnel
4-7 in a county jail, juvenile correctional employee of the Texas Youth
4-8 Commission, employee of the maximum security unit of the Texas
4-9 Department of Mental Health and Mental Retardation <Rusk State
4-10 Hospital for the Criminally Insane>, paid fireman, or member of an
4-11 organized volunteer fire department, or park and recreational
4-12 patrolmen and security officers shall be survived by a minor child
4-13 or minor children, the State of Texas shall pay to the duly
4-14 appointed or qualified guardian or other legal representative of
4-15 each minor child the following assistance:
4-16 If one minor child--$200 per month;
4-17 If two minor children--$300 per month; and
4-18 If three or more minor children--$400 per month.
4-19 Provided, that when any child entitled to benefits under this
4-20 Act ceases to be a minor child as that term is defined herein, his
4-21 entitlement to benefits shall terminate and any benefits payable
4-22 under this Act on behalf of his minor brothers and sisters, if any,
4-23 shall be adjusted to conform with the foregoing schedule if
4-24 necessary.
4-25 (b) If a person covered by this Act suffers violent death in
4-26 the course of duty, and only if that person is not survived by a
4-27 spouse or minor child, the State of Texas shall pay to the
5-1 surviving dependent parent of the person covered by this Act the
5-2 sum of $50,000 <$20,000>. If both parents of a person covered by
5-3 this Act are surviving dependent parents, the State of Texas shall
5-4 pay $25,000 <$10,000> to each parent.
5-5 In addition to the payment to surviving dependent parents,
5-6 and only if a person covered by this Act is not survived by a
5-7 spouse or minor child, the State of Texas shall pay to the
5-8 surviving dependent brothers and sisters, or to the duly appointed
5-9 or qualified guardian or other legal representative of each
5-10 surviving dependent brother or sister, the following assistance:
5-11 If one surviving dependent brother or sister--$200 per month;
5-12 If two surviving dependent brothers or sisters--$300 per
5-13 month; and
5-14 If three or more surviving dependent brothers or
5-15 sisters--$400 per month.
5-16 Provided, that when any surviving dependent brother or sister
5-17 becomes 18 years old, that person's entitlement to benefits shall
5-18 terminate and any benefits payable under this Act on behalf of
5-19 other surviving dependent brothers and sisters shall be adjusted to
5-20 conform with the foregoing schedule if necessary.
5-21 SECTION 3. Chapter 86, Acts of the 60th Legislature, Regular
5-22 Session, 1967 (Article 6228f, Vernon's Texas Civil Statutes), is
5-23 amended by adding Section 3A to read as follows:
5-24 Sec. 3A. HEALTH INSURANCE COVERAGE FOR SURVIVORS OF CERTAIN
5-25 STATE EMPLOYEES. (a) If a paid law enforcement officer employed
5-26 by the state or a person designated as custodial personnel of the
5-27 institutional division of the Texas Department of Criminal Justice
6-1 suffers violent death in the course of performance of duty, a
6-2 person who meets the requirements of Subsection (b) of this section
6-3 is entitled to purchase continued health insurance benefits under
6-4 the Texas Employees Uniform Group Insurance Benefits Act (Article
6-5 3.50-2, Vernon's Texas Insurance Code), as provided by this
6-6 section.
6-7 (b) A person is entitled to purchase benefits as provided by
6-8 this section if the person, at the time of death of a paid law
6-9 enforcement officer employed by the state or a person designated as
6-10 custodial personnel of the institutional division of the Texas
6-11 Department of Criminal Justice, is:
6-12 (1) the surviving spouse or a dependent of the officer
6-13 or custodial employee; and
6-14 (2) included in health insurance coverage elected by
6-15 the decedent and in effect under the Texas Employees Uniform Group
6-16 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
6-17 Code).
6-18 (c) If the dependent is a surviving minor child, the
6-19 dependent is entitled to continue health insurance coverage until
6-20 the dependent reaches the age of 21 years or until the dependent
6-21 becomes eligible for group health insurance through another
6-22 employer.
6-23 (d) If the dependent is not a minor child, the dependent is
6-24 entitled to continue health insurance coverage until the earlier
6-25 of:
6-26 (1) the date the dependent marries;
6-27 (2) the date the dependent becomes eligible for group
7-1 health insurance through another employer; or
7-2 (3) the date the dependent becomes eligible for
7-3 federal Medicare benefits.
7-4 (e) The surviving spouse is entitled to continue to purchase
7-5 health insurance coverage until the earlier of:
7-6 (1) the date the surviving spouse remarries;
7-7 (2) the date the surviving spouse becomes eligible for
7-8 group health insurance through another employer; or
7-9 (3) the date the surviving spouse becomes eligible for
7-10 federal Medicare benefits.
7-11 (f) To receive continued coverage under this section, the
7-12 employing entity must be informed, not later than the 90th day
7-13 after the date that the decedent died, that the eligible survivor
7-14 elects to continue coverage.
7-15 (g) An eligible survivor may elect to continue coverage at
7-16 any level of benefits currently offered by the employing entity to
7-17 dependents of an active employee, or, if offered, the survivor may
7-18 elect to continue coverage at a reduced level of benefits.
7-19 (h) A person who is entitled to continued coverage under
7-20 this section is entitled to:
7-21 (1) make payments for the coverage or have payments
7-22 made on the person's behalf at the same time and to the same entity
7-23 that payments for coverage are made by current employees of the
7-24 employing entity; and
7-25 (2) purchase the coverage at the group rate for that
7-26 coverage that exists at the time of payment.
7-27 (i) The employing entity shall provide written notice to an
8-1 eligible survivor to whom this section may apply of the person's
8-2 rights under this section not later than the 10th day after the
8-3 date of the decedent's death. If an eligible survivor is a minor
8-4 child, the employing entity shall also contemporaneously provide
8-5 the notice to the child's parent or guardian, unless, after
8-6 reasonable effort, the parent or guardian cannot be located.
8-7 (j) This section does not:
8-8 (1) prohibit an employing entity from uniformly
8-9 changing the group health insurance plan or group health coverage
8-10 plan provided for its employees and employees' dependents;
8-11 (2) affect the definition of a dependent or the
8-12 eligibility requirements for a dependent under a plan; or
8-13 (3) prohibit an employing entity from increasing the
8-14 cost of group health coverage to its employees and to eligible
8-15 survivors covered under this section to reflect the increased cost,
8-16 if any, attributable to compliance with this section.
8-17 SECTION 4. Section 5, Chapter 86, Acts of the 60th
8-18 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
8-19 Civil Statutes), is amended to read as follows:
8-20 Sec. 5. FUNDING AND PAYMENT. (a) A person convicted of a
8-21 criminal offense shall pay as court costs 25 cents in addition to
8-22 other taxable court costs. These additional court costs shall be
8-23 collected in the same manner that other fines or court costs in the
8-24 case are collected. The costs collected under this subsection
8-25 shall be deposited in the state treasury to the credit of an
8-26 account in the general revenue fund for the purpose of paying
8-27 benefits under this Act.
9-1 (b) If it is determined that a claim under this Act is valid
9-2 and justifies a payment or payments hereunder, it shall be the duty
9-3 of the State Board of Trustees of the Employees Retirement System
9-4 of Texas to cause the comptroller of public accounts to be notified
9-5 of such determination and the comptroller upon receipt of the
9-6 notification shall issue a warrant or warrants to the claimants in
9-7 the proper amount from the fund appropriated for that purpose.
9-8 Payments on behalf of children or surviving dependent brothers and
9-9 sisters shall be deemed to be payable dating from the first day of
9-10 the first month following the death of the person covered by this
9-11 Act. If a claim is denied, the fact of such denial shall be sent
9-12 to the person making the claim, or if a claim is being made on
9-13 behalf of a minor child or children or a surviving dependent
9-14 brother or sister, the fact of the denial shall be sent to the duly
9-15 qualified guardian or legal representative of the child or children
9-16 or the brother or sister.
9-17 SECTION 5. Section 7, Chapter 86, Acts of the 60th
9-18 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
9-19 Civil Statutes), is amended to read as follows:
9-20 Sec. 7. Effect of Award. Except as provided by Article
9-21 6228f.1, Revised Statutes, any <Any> finding that any benefit is
9-22 payable to the surviving spouse, minor child or children, or
9-23 surviving dependent parent, brother, or sister of a person to whom
9-24 this Act applies shall not be declaratory of the cause, nature or
9-25 effect of such death for any other purpose whatsoever, and a
9-26 finding that a particular loss of life is within the provisions of
9-27 this Act shall not affect in any manner any other claim or cause of
10-1 action whatsoever arising from or connected with such loss of life.
10-2 SECTION 6. Title 109, Revised Statutes, is amended by adding
10-3 Article 6228f.1 to read as follows:
10-4 Art. 6228f.1. RIGHTS OF SURVIVORS OF CERTAIN PUBLIC SERVANTS
10-5 Sec. 1. APPLICATION. This article applies only to paid law
10-6 enforcement officers, paid firemen, and supervisory personnel in a
10-7 county jail, as those persons are defined by Section 2, Chapter 86,
10-8 Acts of the 60th Legislature, Regular Session, 1967 (Article 6228f,
10-9 Vernon's Texas Civil Statutes), who are employed by a political
10-10 subdivision of the state, and to the political subdivisions that
10-11 employ those persons.
10-12 Sec. 2. DEFINITIONS. In this article, "minor child" and
10-13 "violent death in the course of performance of duty" have the
10-14 meaning assigned by Section 2, Chapter 86, Acts of the 60th
10-15 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
10-16 Civil Statutes).
10-17 Sec. 3. BENEFITS REGARDLESS OF CAUSE OF DEATH. (a) If a
10-18 paid law enforcement officer or a person appointed as supervisory
10-19 personnel in a county jail dies, the employing political
10-20 subdivision shall provide, at no cost, the deceased person's duty
10-21 weapon, if any, and badge to the person's designated beneficiary,
10-22 or if there is no designated beneficiary, to the person's estate.
10-23 Each political subdivision of the state that employs paid law
10-24 enforcement officers or county jail supervisory personnel shall
10-25 provide them with a form on which they may designate their
10-26 beneficiaries for purposes of this subsection.
10-27 (b) A political subdivision is not liable for damages caused
11-1 by the use or misuse of a duty weapon provided to a designated
11-2 beneficiary or estate under Subsection (a) of this section.
11-3 (c) If a paid law enforcement officer, paid fireman, or
11-4 person appointed as supervisory personnel in a county jail dies and
11-5 is to be buried in the person's uniform, the employing political
11-6 subdivision shall provide the uniform at no cost.
11-7 Sec. 4. HEALTH INSURANCE COVERAGE. (a) When a person to
11-8 whom this article applies suffers violent death in the course of
11-9 performance of duty and it is determined under Chapter 86, Acts of
11-10 the 60th Legislature, Regular Session, 1967 (Article 6228f,
11-11 Vernon's Texas Civil Statutes), that a claim under that Act is
11-12 valid and justifies payment under that Act, then in addition to any
11-13 benefits payable by the state under that Act, an eligible survivor
11-14 is entitled to purchase continued health insurance benefits from
11-15 the political subdivision that employed the decedent, as provided
11-16 by this section.
11-17 (b) In this section, "health insurance" includes health
11-18 coverage provided by or through a political subdivision under a
11-19 self-insured health benefits plan or under Chapter 172, Local
11-20 Government Code.
11-21 (c) An eligible survivor under this section is a person who,
11-22 on the date of death of the paid law enforcement officer, paid
11-23 fireman, or person appointed as supervisory personnel in a county
11-24 jail, is:
11-25 (1) the surviving spouse or a dependent of the
11-26 officer, fireman, or supervisory employee; and
11-27 (2) included in health insurance coverage elected by
12-1 the decedent and provided by or through the employing political
12-2 subdivision.
12-3 (d) If the dependent is a surviving minor child, the
12-4 dependent is entitled to continue health insurance coverage until
12-5 the dependent reaches the age of 21 years or until the dependent
12-6 becomes eligible for group health insurance through another
12-7 employer.
12-8 (e) If the dependent is not a minor child, the dependent is
12-9 entitled to continue health insurance coverage until the earlier
12-10 of:
12-11 (1) the date the dependent marries;
12-12 (2) the date the dependent becomes eligible for group
12-13 health insurance through another employer; or
12-14 (3) the date the dependent becomes eligible for
12-15 federal Medicare benefits.
12-16 (f) The surviving spouse is entitled to continue health
12-17 insurance coverage until the earlier of:
12-18 (1) the date the surviving spouse remarries;
12-19 (2) the date the surviving spouse becomes eligible for
12-20 group health insurance through another employer; or
12-21 (3) the date the surviving spouse becomes eligible for
12-22 federal Medicare benefits.
12-23 (g) To receive continued coverage under this section, the
12-24 employing entity must be informed, not later than the 90th day
12-25 after the date that the decedent died, that the survivor elects to
12-26 continue coverage.
12-27 (h) An eligible survivor may elect to continue coverage at
13-1 any level of benefits currently offered by the employing entity to
13-2 dependents of an active employee, or, if offered, the survivor may
13-3 elect to continue coverage at a reduced level of benefits.
13-4 (i) A person who is entitled to continued coverage under
13-5 this section is entitled to:
13-6 (1) make payments for the coverage or have payments
13-7 made on the person's behalf at the same time and to the same entity
13-8 that payments for coverage are made by current employees of the
13-9 employing entity; and
13-10 (2) purchase the coverage at the group rate for that
13-11 coverage that exists at the time of payment.
13-12 (j) The employing entity shall provide written notice to an
13-13 eligible survivor to whom this section may apply of the person's
13-14 rights under this section not later than the 10th day after the
13-15 date of the decedent's death. If an eligible survivor is a minor
13-16 child, the employing entity shall also contemporaneously provide
13-17 the notice to the child's parent or guardian, unless, after
13-18 reasonable effort, the parent or guardian cannot be located.
13-19 (k) This section does not:
13-20 (1) prohibit a political subdivision from uniformly
13-21 changing the group health insurance plan or group health coverage
13-22 plan provided for its employees and employees' dependents;
13-23 (2) affect the definition of a dependent or the
13-24 eligibility requirements for a dependent under a plan;
13-25 (3) prohibit a political subdivision from increasing
13-26 the cost of group health coverage to its employees and to eligible
13-27 survivors covered under this section to reflect the increased cost,
14-1 if any, attributable to compliance with this section; or
14-2 (4) affect the right of a political subdivision to
14-3 self-insure or provide coverage under Chapter 172, Local Government
14-4 Code.
14-5 SECTION 7. Title 109, Revised Statutes, is amended by adding
14-6 Article 6228f.2 to read as follows:
14-7 Art. 6228f.2. DEATH BENEFIT FOR PEACE OFFICERS EMPLOYED BY
14-8 THE STATE. (a) If a person who is a peace officer under Article
14-9 2.12, Code of Criminal Procedure, or other law, and who is employed
14-10 by the state, including any state agency or any institution of
14-11 higher education under Section 61.003, Education Code, dies, the
14-12 state or the appropriate agency or institution of the state shall
14-13 provide, at no cost, the deceased person's duty weapon, if any, and
14-14 badge to the person's designated beneficiary, or if there is no
14-15 designated beneficiary, to the person's estate. The state and each
14-16 agency or institution of the state that employs peace officers
14-17 shall provide each officer with a form on which the officer may
14-18 designate beneficiaries for purposes of this subsection.
14-19 (b) The state or an agency or institution of the state is
14-20 not liable for damages caused by the use or misuse of a duty weapon
14-21 provided to a designated beneficiary or estate under Subsection (a)
14-22 of this article.
14-23 (c) If a peace officer covered under Subsection (a) of this
14-24 article dies and is to be buried in the person's uniform, the state
14-25 or appropriate employing agency or institution of the state shall
14-26 provide the uniform at no cost.
14-27 SECTION 8. This Act takes effect September 1, 1993.
15-1 SECTION 9. (a) The changes in law made by this Act relating
15-2 to the death of certain public servants apply only to a death that
15-3 occurs on or after the effective date of this Act. A death that
15-4 occurred before the effective date of this Act is governed by the
15-5 law in effect when the death occurred, and that law is continued in
15-6 effect for that purpose.
15-7 (b) An employing entity that is required by this Act to make
15-8 continued health benefits available to a survivor of an employee,
15-9 but that is not allowed to provide the coverage under the terms of
15-10 the entity's existing group health plan, shall ensure that the
15-11 required continued health benefits coverage is provided for in any
15-12 plan that is adopted, amended, or renewed by the employing entity
15-13 on or after the effective date of this Act. The period during
15-14 which a person must inform an employing entity that the person
15-15 elects to continue health benefits coverage under this Act is
15-16 extended by the amount of time that occurs after the date that the
15-17 employee dies and before the date that the survivor receives
15-18 written notice from the employing entity that the survivor is
15-19 presently able to purchase the continued health benefits coverage
15-20 required to be provided under this Act.
15-21 SECTION 10. The importance of this legislation and the
15-22 crowded condition of the calendars in both houses create an
15-23 emergency and an imperative public necessity that the
15-24 constitutional rule requiring bills to be read on three several
15-25 days in each house be suspended, and this rule is hereby suspended.