By Oakley H.B. No. 2546 75R6845 GJH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain payments to eligible survivors of certain fire 1-3 fighters. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 615.021, Government Code, is amended to 1-6 read as follows: 1-7 Sec. 615.021. ELIGIBLE SURVIVORS. (a) A survivor of an 1-8 individual listed under Section 615.003 is eligible for the payment 1-9 of assistance under this chapter if: 1-10 (1) the listed individual died in the course of the 1-11 individual's duty performed in the individual's position as 1-12 described by Section 615.003 as a result of exposure to a risk: 1-13 (A) that is inherent in the duty; or 1-14 (B) to which the general public is not 1-15 customarily exposed; and 1-16 (2) the survivor is: 1-17 (A) the surviving spouse of the listed 1-18 individual; 1-19 (B) a minor child of the listed individual; 1-20 (C) a surviving parent of the listed individual, 1-21 if: 1-22 (i) there is no surviving spouse or minor 1-23 child; and 1-24 (ii) the parent was claimed as a dependent 2-1 on the income tax return filed with the Internal Revenue Service by 2-2 the listed individual in the year preceding the year in which the 2-3 listed individual died; or 2-4 (D) a surviving sibling of the listed individual 2-5 and is younger than 18 years of age, if: 2-6 (i) there is no surviving spouse or minor 2-7 child; and 2-8 (ii) the sibling was claimed as a 2-9 dependent on the income tax return filed with the Internal Revenue 2-10 Service by the listed individual in the year preceding the year in 2-11 which the listed individual died. 2-12 (b) An individual employed by the state or a political or 2-13 legal subdivision who is subject to certification by the Texas 2-14 Commission on Fire Protection or whose principal duties are 2-15 aircraft crash and rescue fire fighting is considered to have died 2-16 in the course of performing the individual's duty in the 2-17 individual's position as described by Section 615.003 as a result 2-18 of exposure to a risk that is inherent in the duty or to which the 2-19 general public is not customarily exposed if the individual died 2-20 while engaged in an activity that the individual was certified to 2-21 perform by the Texas Commission on Fire Protection, without regard 2-22 to whether the individual was engaged in the activity during the 2-23 individual's compensable hours at work. 2-24 SECTION 2. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force from and after its 3-3 passage, and it is so enacted.