SRC-TNM C.S.S.B. 1107 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1107
By: Duncan
Intergovernmental Relations
4-17-97
Committee Report (Substituted)


DIGEST 

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 provide that this
chapter applies only to eligible survivors or the estates of certain
individuals.  Makes a nonsubstantive change. 

SECTION 2. Amends Chapter 615B, Government Code, as follows:

SUBCHAPTER B. New heading: PAYMENTS TO ELIGIBLE SURVIVORS OR ESTATES

SECTION 3. 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 4. Amends Chapter 615B, Government Code, by adding Section
615.026, as follows: 

Sec. 615.026. PAYMENT TO ESTATE. Sets forth instances in which the state
is required to pay $50,000 to the estate of an individual listed under
Section 615.003. 

SECTION 5. Amends Section 615.044(a), Government Code, to provide 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. 

 
SECTION 6. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 615.003, Government Code, to add text regarding the
applicability of the Chapter 615, Government Code. 

SECTION 2.

Amends Chapter 615B, Government Code, to change the heading.

SECTION 3. 

Amends Section 615.021, Government Code, regarding the death of an
individual employed by the state or a political or legal subdivision who
is subject to certification by the Texas Commission on Fire Protection.  

SECTION 4. 

Amends Section 615.026, Government Code, regarding payment to an estate.

SECTION 5.

Amends Section 615.044(a), Government Code, regarding a person whose claim
for payment to an estate is denied.  

SECTION 6.

Redesignates proposed SECTION 3 as SECTION 6, containing the emergency
clause and effective date.