By Longoria H.B. No. 195
76R929 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to benefits paid to survivors of certain public servants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 615.022, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 615.022. PAYMENT TO SURVIVING SPOUSE. The state shall
1-7 pay $250,000 [$50,000] to an eligible surviving spouse.
1-8 SECTION 2. Section 615.023, Government Code, is amended to
1-9 read as follows:
1-10 Sec. 615.023. PAYMENT TO SURVIVING MINOR CHILD. (a) The
1-11 state shall pay to the duly appointed or qualified guardian or
1-12 other legal representative of an eligible surviving minor child:
1-13 (1) $500 [$200] each month, if there is one surviving
1-14 minor child;
1-15 (2) $750 [$300] each month, if there are two surviving
1-16 minor children; or
1-17 (3) $1,000 [$400] each month, if there are three or
1-18 more surviving minor children.
1-19 (b) A child's entitlement to assistance payable under this
1-20 section continues until the latter of:
1-21 (1) the date of [ends on] the child's 21st birthday;
1-22 or
1-23 (2) if the child enrolls as a full-time student at an
1-24 institution of higher education as defined by Section 61.003,
2-1 Education Code, the date the child receives a bachelor's degree
2-2 from, earns 200 hours of course credit from, or ceases to be
2-3 enrolled as a full-time student at an institution of higher
2-4 education, whichever occurs first.
2-5 (c) At the [that] time a child's entitlement to assistance
2-6 ends under Subsection (b), payments to any other surviving minor
2-7 children shall be adjusted, as necessary, to conform to the amounts
2-8 payable under Subsection (a).
2-9 (d) [(c)] A payment under this section is in addition to any
2-10 payment made under Section 615.022.
2-11 (e) For purposes of Subsection (b)(2), failure to enroll
2-12 during a summer semester does not affect whether a child is
2-13 considered to be enrolled as a full-time student.
2-14 SECTION 3. Subchapter B, Chapter 615, Government Code, is
2-15 amended by adding Section 615.0235 to read as follows:
2-16 Sec. 615.0235. EDUCATION BENEFITS FOR SURVIVING SPOUSE OR
2-17 MINOR CHILD. (a) This section applies only to an eligible
2-18 surviving spouse or minor child who enrolls as a full-time student
2-19 in an institution of higher education as defined by Section 61.003,
2-20 Education Code.
2-21 (b) The student is exempt from tuition and fees at that
2-22 institution of higher education until the student receives a
2-23 bachelor's degree or 200 hours of course credit, whichever occurs
2-24 first.
2-25 (c) If the student elects to reside in housing provided by
2-26 the institution of higher education and qualifies to reside in that
2-27 housing, the institution shall pay from the general revenue
3-1 appropriated to the institution the cost of the student's contract
3-2 for food and housing until the student receives a bachelor's degree
3-3 or 200 hours of course credit, whichever occurs first. If there is
3-4 no space available in the institution's housing, the institution
3-5 shall, from the general revenue appropriated to the institution,
3-6 pay to the student each month the equivalent amount that the
3-7 institution would have expended had the student lived in the
3-8 institution's housing. The institution is not required to pay the
3-9 student the monthly payment if the student would not qualify to
3-10 live in the institution's housing.
3-11 (d) The institution of higher education shall, from the
3-12 general revenue appropriated to the institution, pay to the student
3-13 the cost of the student's textbooks until the student receives a
3-14 bachelor's degree or 200 hours of course credit, whichever occurs
3-15 first.
3-16 (e) A payment under this section is in addition to any
3-17 payment made under Section 615.022 or 615.023.
3-18 SECTION 4. Section 615.024, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 615.024. PAYMENT TO SURVIVING PARENT. The state shall
3-21 pay an eligible surviving parent:
3-22 (1) $250,000 [$50,000], if there is only one eligible
3-23 surviving parent; or
3-24 (2) $125,000 [$25,000] each, if there are two eligible
3-25 surviving parents.
3-26 SECTION 5. Section 615.025, Government Code, is amended to
3-27 read as follows:
4-1 Sec. 615.025. PAYMENT TO SURVIVING DEPENDENT SIBLING. (a)
4-2 The state shall pay to an eligible surviving dependent sibling or
4-3 to the sibling's duly appointed or qualified guardian or other
4-4 legal representative the sibling's share of $250,000, which amount
4-5 is to be divided equally among eligible surviving dependent
4-6 siblings[:]
4-7 [(1) $200 each month, if there is one eligible
4-8 surviving dependent sibling;]
4-9 [(2) $300 each month, if there are two eligible
4-10 surviving dependent siblings; or]
4-11 [(3) $400 each month, if there are three or more
4-12 eligible surviving dependent siblings].
4-13 (b) [A sibling's entitlement to assistance payable under
4-14 this section ends on the sibling's 18th birthday. At that time,
4-15 payments to any other eligible surviving dependent siblings shall
4-16 be adjusted, if necessary, to conform with the amounts specified by
4-17 Subsection (a).]
4-18 [(c)] A payment under this section is in addition to any
4-19 payment made under Section 615.024 to a surviving dependent parent.
4-20 SECTION 6. (a) This Act takes effect September 1, 1999.
4-21 (b) The changes in law made by this Act relating to the
4-22 death of certain public servants apply only to a death that occurs
4-23 on or after the effective date of this Act. A death that occurs
4-24 before the effective date of this Act is governed by the law in
4-25 effect when the death occurs, and that law is continued in effect
4-26 for that purpose.
4-27 SECTION 7. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.