By:  Duncan                                  S.B. No. 1107

         97S0636/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the provision of financial assistance to survivors of

 1-2     certain law enforcement officers, fire fighters, and others.

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

 1-4           SECTION 1.  Section 615.021, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 615.021.  ELIGIBLE SURVIVORS.  (a)  A survivor of an

 1-7     individual listed under Section 615.003 is eligible for the payment

 1-8     of assistance under this chapter if:

 1-9                 (1)  the listed individual died in the course of the

1-10     individual's duty performed in the individual's position as

1-11     described by Section 615.003 as a result of exposure to a risk:

1-12                       (A)  that is inherent in the duty; or

1-13                       (B)  to which the general public is not

1-14     customarily exposed; and

1-15                 (2)  the survivor is:

1-16                       (A)  the surviving spouse of the listed

1-17     individual;

1-18                       (B)  a minor child of the listed individual;

1-19                       (C)  a surviving parent of the listed individual,

1-20     if:

1-21                             (i)  there is no surviving spouse or minor

1-22     child; and

1-23                             (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 listed under Section 615.003(10) or (11)

2-13     is considered to be acting in the course of the individual's duty

2-14     for purposes of Subsection (a) whenever the individual performs

2-15     duties which the individual has been certified to perform by the

2-16     Texas Commission on Fire Protection, regardless of whether the

2-17     duties are performed during the individual's compensable work

2-18     hours.

2-19           SECTION 2.  This Act takes effect June 3, 1997.

2-20           SECTION 3.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended,

2-25     and that this Act take effect and be in force according to its

 3-1     terms, and it is so enacted.