KLG C.S.S.B. 1107 75(R)BILL ANALYSIS



C.S.S.B. 1107
APPROPRIATIONS
By:  Duncan (Oakley)
5-20-97
Committee Report (Substituted)



BACKGROUND 

Currently, certified on- or off-duty fire fighters who die while
performing fire fighting duties for the public are ineligible for death
benefits under Chapter 615, Government Code.  Article III, Section 51-d of
the Texas Constitution authorized the legislature to provide for
assistance payments to "the surviving minor children" of certain officers
of police and fire departments.  The statute was recodified in 1973 as
Article 6228f, V.T.C.S.  The 73rd Legislature recodified Article 6228f,
V.T.C.S., to Chapter 615, Government Code, and raised the death benefit
from $20,000 to $50,000. C.S.S.B. 1107 would allow certified fire fighters
who die while performing fire fighting duties for the public to become
eligible for death benefits under this statute. 

PURPOSE

As proposed, C.S.S.B. 1107 outlines provisions regarding the provision of
financial assistance to survivors of certain law enforcement officers,
fire fighters, and others. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 615.003, Government Code, to add to the list of
individuals, a survivor of whom is eligible for benefits under this
chapter, one who performs emergency medical services or operates an
ambulance, is employed by a political subdivision of the state and is
qualified as an emergency medical technician or at a higher level of
training under Section 773.047, 773.048, and 773.049, Health and Safety
Code. 

SECTION 2. Amends Section 615.021, Government Code, to provide that an
individual employed by the state or a political or legal subdivision who
is subject to certification by the Texas Commission on Fire Protection
(commission) or whose principal duties are aircraft crash and rescue fire
fighting is considered to have died in the course of performing the
individual's duty in the individual's position as described by Section
615.003 as a result of exposure to risk that is inherent in the duty or to
which the general public is not customarily exposed if the individual dies
while actually performing an activity that the individual was certified to
perform by the commission, without regard to whether the individual was
actually performing the activity during the individual's compensable hours
at work.  Makes a conforming change. 

SECTION 3. Emergency clause.
  Effective date: upon passage.



COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds to the list of eligible survivors, those survivors of
an individual who performs emergency medical services or operates an
ambulance; is employed by a political subdivision of the  state; and is
qualified as an emergency medical technician or at a higher level of
training under Section 773.047, 773.048 and 773.049, Health and Safety
Code.  The substitute also specifies that the survivor be a dependent
parent or a dependent sibling of the listed individual.  The substitute
deletes the section of the engrossed bill that required payment of $50,000
to the estate of an individual listed if the individual died under the
listed conditions.  The substitute also deletes the provision that a
person whose claim for payment to a sibling or to an estate is denied may
appeal the denial to a district court in the county of residence of the
sibling, to a district court in the county in which the decedent resided
at the time of death, if the claim is for payment to an estate, or to a
district court in Travis County.