1-1 By: Duncan S.B. No. 1107
1-2 (In the Senate - Filed March 11, 1997; March 13, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 18, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 April 18, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1107 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the provision of financial assistance to survivors of
1-11 certain law enforcement officers, firefighters, and others.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 615.003, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 615.003. Applicability. This chapter applies only to
1-16 eligible survivors or the estates of the following individuals:
1-17 (1) an individual elected, appointed, or employed as a
1-18 peace officer by the state or a political subdivision of the state
1-19 under Article 2.12, Code of Criminal Procedure, or other law;
1-20 (2) a paid probation officer appointed by the director
1-21 of a community supervision and corrections department who has the
1-22 duties set out in Section 2 and the qualifications set out in
1-23 Section 5, Article 42.131, Code of Criminal Procedure, or who was
1-24 appointed in accordance with prior law;
1-25 (3) a parole officer employed by the pardons and
1-26 paroles division of the Texas Department of Criminal Justice who
1-27 has the duties set out in Section 2 and the qualifications set out
1-28 in Section 19, Article 42.18, Code of Criminal Procedure, or in
1-29 prior law;
1-30 (4) a paid jailer;
1-31 (5) a member of an organized police reserve or
1-32 auxiliary unit who regularly assists peace officers in enforcing
1-33 criminal laws;
1-34 (6) a member of the class of employees of the
1-35 institutional division of the Texas Department of Criminal Justice
1-36 formally designated as custodial personnel under Section 615.006 by
1-37 the Texas Board of Criminal Justice or its predecessor in function;
1-38 (7) a jailer or guard of a county jail who is
1-39 appointed by the sheriff and who:
1-40 (A) performs a security, custodial, or
1-41 supervisory function over the admittance, confinement, or discharge
1-42 of prisoners; and
1-43 (B) is certified by the Texas Commission on Law
1-44 Enforcement Officer Standards and Education;
1-45 (8) a juvenile correctional employee of the Texas
1-46 Youth Commission;
1-47 (9) an employee of the Texas Department of Mental
1-48 Health and Mental Retardation who:
1-49 (A) works at the department's maximum security
1-50 unit; or
1-51 (B) performs on-site services for the Texas
1-52 Department of Criminal Justice;
1-53 (10) an individual who is employed by the state or a
1-54 political or legal subdivision and is subject to certification by
1-55 the Texas Commission on Fire Protection;
1-56 (11) an individual employed by the state or a
1-57 political or legal subdivision whose principal duties are aircraft
1-58 crash and rescue fire fighting; or
1-59 (12) a member of an organized volunteer fire-fighting
1-60 unit that:
1-61 (A) renders fire-fighting services without
1-62 remuneration;
1-63 (B) consists of not fewer than 20 active
1-64 members, a majority of whom [which] are present at each meeting;
2-1 and
2-2 (C) conducts a minimum of two drills each month,
2-3 each two hours long.
2-4 SECTION 2. The heading of Subchapter B, Chapter 615,
2-5 Government Code, is amended to read as follows:
2-6 SUBCHAPTER B. PAYMENTS TO ELIGIBLE SURVIVORS OR ESTATES
2-7 SECTION 3. Section 615.021, Government Code, is amended to
2-8 read as follows:
2-9 Sec. 615.021. Eligible Survivors. (a) A survivor of an
2-10 individual listed under Section 615.003 is eligible for the payment
2-11 of assistance under this chapter if:
2-12 (1) the listed individual died in the course of the
2-13 individual's duty performed in the individual's position as
2-14 described by Section 615.003 as a result of exposure to a risk:
2-15 (A) that is inherent in the duty; or
2-16 (B) to which the general public is not
2-17 customarily exposed; and
2-18 (2) the survivor is:
2-19 (A) the surviving spouse of the listed
2-20 individual;
2-21 (B) a minor child of the listed individual;
2-22 (C) a surviving parent of the listed individual,
2-23 if:
2-24 (i) there is no surviving spouse or minor
2-25 child; and
2-26 (ii) the parent was claimed as a dependent
2-27 on the income tax return filed with the Internal Revenue Service by
2-28 the listed individual in the year preceding the year in which the
2-29 listed individual died; or
2-30 (D) a surviving sibling of the listed individual
2-31 and is younger than 18 years of age, if:
2-32 (i) there is no surviving spouse or minor
2-33 child; and
2-34 (ii) the sibling was claimed as a
2-35 dependent on the income tax return filed with the Internal Revenue
2-36 Service by the listed individual in the year preceding the year in
2-37 which the listed individual died.
2-38 (b) An individual employed by the state or a political or
2-39 legal subdivision who is subject to certification by the Texas
2-40 Commission on Fire Protection or whose principal duties are
2-41 aircraft crash and rescue fire fighting is considered to have died
2-42 in the course of performing the individual's duty in the
2-43 individual's position as described by Section 615.003 as a result
2-44 of exposure to a risk that is inherent in the duty or to which the
2-45 general public is not customarily exposed if the individual died
2-46 while actually performing an activity that the individual was
2-47 certified to perform by the Texas Commission on Fire Protection,
2-48 without regard to whether the individual was actually performing
2-49 the activity during the individual's compensable hours at work.
2-50 SECTION 4. Subchapter B, Chapter 615, Government Code, is
2-51 amended by adding Section 615.026 to read as follows:
2-52 Sec. 615.026. PAYMENT TO ESTATE. The state shall pay
2-53 $50,000 to the estate of an individual listed under Section 615.003
2-54 if the listed individual:
2-55 (1) died in the course of the individual's duty
2-56 performed in the individual's position as described by Section
2-57 615.003 as a result of exposure to a risk:
2-58 (A) that is inherent in the duty; or
2-59 (B) to which the general public is not
2-60 customarily exposed; and
2-61 (2) is not survived by an individual eligible to
2-62 receive payments under this subchapter.
2-63 SECTION 5. Subsection (a), Section 615.044, Government Code,
2-64 is amended to read as follows:
2-65 (a) A person whose claim for payment to a surviving spouse,
2-66 minor child, or dependent parent or sibling or to an estate is
2-67 denied or the person's legal representative may appeal the denial
2-68 to a district court in [of] the county of residence of the
2-69 surviving spouse, minor child, or dependent parent or sibling, to a
3-1 district court in the county in which the decedent resided at the
3-2 time of death if the claim is for payment to an estate, or to a
3-3 district court in Travis County.
3-4 SECTION 6. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.
3-11 * * * * *