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.