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.