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.