By Longoria                                             H.B. No. 85

      75R1352 MLR-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to benefits paid to survivors of certain public servants.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 615.022, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 615.022.  PAYMENT TO SURVIVING SPOUSE.  The state shall

 1-7     pay $250,000 [$50,000] to an eligible surviving spouse.

 1-8           SECTION 2.  Section 615.023, Government Code, is amended to

 1-9     read as follows:

1-10           Sec. 615.023.  PAYMENT TO SURVIVING MINOR CHILD; EDUCATION

1-11     BENEFITS FOR SURVIVING SPOUSE OR MINOR CHILD.  (a)  The state shall

1-12     pay to the duly appointed or qualified guardian or other legal

1-13     representative of an eligible surviving minor child:

1-14                 (1)  $500 [$200] each month, if there is one surviving

1-15     minor child;

1-16                 (2)  $750 [$300] each month, if there are two surviving

1-17     minor children; or

1-18                 (3)  $1,000 [$400] each month, if there are three or

1-19     more surviving minor children.

1-20           (b)  Except as provided by Subsections (e), (f), and (g), a

1-21     [A] child's entitlement to assistance payable under this section

1-22     ends on the latter of:

1-23                 (1)  the date of the child's 21st birthday; or

1-24                 (2)  the date the child receives a bachelor's degree or

 2-1     200 hours of course credit from an institution of higher education,

 2-2     as defined by Section 61.003, Education Code, whichever comes

 2-3     first.

 2-4           (c)  At the [that] time a child's entitlement to assistance

 2-5     ends under Subsection (b), payments to any other surviving minor

 2-6     children shall be adjusted, as necessary, to conform to the amounts

 2-7     payable under Subsection (a).

 2-8           (d) [(c)]  A payment under this section is in addition to any

 2-9     payment made under Section 615.022.

2-10           (e)  An eligible surviving spouse or minor child who enrolls

2-11     as a full-time student in an institution of higher education, as

2-12     defined by Section 61.003, Education Code, is exempt from tuition

2-13     and fees at that institution until the student receives a

2-14     bachelor's degree or 200 hours of course credit, whichever comes

2-15     first.

2-16           (f)  If the eligible surviving spouse or minor child under

2-17     Subsection (e) elects to reside in housing provided by the

2-18     institution of higher education and qualifies to reside in that

2-19     housing, the institution shall pay from the general revenue

2-20     appropriated to the institution the cost of the student's contract

2-21     for food and housing until the student receives a bachelor's degree

2-22     or 200 hours of course credit, whichever comes first.  If there is

2-23     no space available in the institution's housing, the institution

2-24     shall, from the general revenue appropriated to the institution,

2-25     pay to the student each month the equivalent amount that the

2-26     institution would have expended had the student lived in the

2-27     institution's housing.  The institution is not required to pay the

 3-1     student the monthly payment if the student would not qualify to

 3-2     live in the institution's housing.

 3-3           (g)  The institution of higher education shall, from the

 3-4     general revenue appropriated to the institution, pay to an eligible

 3-5     surviving spouse or minor child under Subsection (e) the cost of

 3-6     the student's books until the student receives a bachelor's degree

 3-7     or 200 hours of course credit, whichever comes first.

 3-8           SECTION 3.  Section 615.024, Government Code, is amended to

 3-9     read as follows:

3-10           Sec. 615.024.  PAYMENT TO SURVIVING DEPENDENT PARENT.  The

3-11     state shall pay an eligible surviving dependent parent:

3-12                 (1)  $250,000 [$50,000], if there is only one eligible

3-13     surviving dependent parent; or

3-14                 (2)  $125,000 [$25,000] each, if there are two eligible

3-15     surviving dependent parents.

3-16           SECTION 4.  Section 615.025, Government Code, is amended to

3-17     read as follows:

3-18           Sec. 615.025.  PAYMENT TO SURVIVING DEPENDENT SIBLING.  (a)

3-19     The state shall pay to an eligible surviving dependent sibling or

3-20     to the sibling's duly appointed or qualified guardian or other

3-21     legal representative the sibling's share of $250,000, which amount

3-22     is to be split equally among eligible surviving dependent

3-23     siblings[:]

3-24                 [(1)  $200 each month, if there is one eligible

3-25     surviving dependent sibling;]

3-26                 [(2)  $300 each month, if there are two eligible

3-27     surviving dependent siblings; or]

 4-1                 [(3)  $400 each month, if there are three or more

 4-2     eligible surviving dependent siblings].

 4-3           (b)  [A sibling's entitlement to assistance payable under

 4-4     this section ends on the sibling's 18th birthday.  At that time,

 4-5     payments to any other eligible surviving dependent siblings shall

 4-6     be adjusted, if necessary, to conform with the amounts specified by

 4-7     Subsection (a).]

 4-8           [(c)]  A payment under this section is in addition to any

 4-9     payment made under Section 615.024.

4-10           SECTION 5.  (a)  This Act takes effect September 1, 1997.

4-11           (b)  The changes in law made by this Act relating to the

4-12     death of certain public servants apply only to a death that occurs

4-13     on or after the effective date of this Act.  A death that occurs

4-14     before the effective date of this Act is governed by the law in

4-15     effect when the death occurs, and that law is continued in effect

4-16     for that purpose.

4-17           SECTION 6.  The importance of this legislation and the

4-18     crowded condition of the calendars in both houses create an

4-19     emergency and an imperative public necessity that the

4-20     constitutional rule requiring bills to be read on three several

4-21     days in each house be suspended, and this rule is hereby suspended.