By: Gallegos S.B. No. 1785 A BILL TO BE ENTITLED AN ACT 1-1 relating to creation of a benefit fund and supplemental one-time 1-2 payment for certain disabled or deceased peace officers and fire 1-3 fighters. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 614, Government Code, is amended by 1-6 adding Subchapter F to read as follows: 1-7 SUBCHAPTER F. SUPPLEMENTAL ONE-TIME PAYMENT FOR CERTAIN 1-8 DISABLED PEACE OFFICERS AND FIRE FIGHTERS OR THEIR ESTATES 1-9 Sec. 614.081. DEFINITIONS. In this subchapter: 1-10 (1) "Board" means the board of trustees of the 1-11 Employees Retirement System of Texas. 1-12 (2) "Fire fighter" means a member of a fire department 1-13 who performs a function listed in Section 143.003(4), Local 1-14 Government Code, without regard to whether the individual is 1-15 subject to a civil service system or program. 1-16 (3) "Peace officer" means an individual elected, 1-17 appointed, or employed to serve as a peace officer for a 1-18 governmental entity under Article 2.12, Code of Criminal Procedure, 1-19 or other law. 1-20 Sec. 614.082. PEACE OFFICER AND FIRE FIGHTER SUPPLEMENTAL 1-21 PAYMENT ACCOUNT. (a) The peace officer and fire fighter 1-22 supplemental payment account is an account in the general revenue 1-23 fund that may be appropriated only for the purposes of this 1-24 subchapter. 2-1 (b) The account consists of gifts, grants, and other revenue 2-2 required by law to be credited to the account. 2-3 Sec. 614.083. ELIGIBILITY FOR PAYMENT. If a peace officer 2-4 or fire fighter employed by the state or a local governmental 2-5 entity in this state sustains an injury in the performance of the 2-6 person's duties as a peace officer or fire fighter, or in the 2-7 performance of volunteer services related to law enforcement or 2-8 fire fighting, that is not sustained as a result of any person's 2-9 criminally injurious conduct, and the person or the person's estate 2-10 presents evidence satisfactory to the board that the person's 2-11 condition is a total disability resulting in permanent incapacity 2-12 for work or that the injury resulted in the death of the person, 2-13 the person or the person's estate is entitled, from funds 2-14 appropriated for that purpose, to a one-time payment of $75,000. 2-15 Sec. 614.084. PROOF OF CLAIM. To receive a payment under 2-16 this subchapter, a peace officer, fire fighter, or the person's 2-17 estate must furnish to the board: 2-18 (1) proof that the injury: 2-19 (A) was sustained in the performance of the 2-20 person's duties as a peace officer or fire fighter or in the 2-21 performance of volunteer services related to law enforcement or 2-22 fire fighting and was not sustained as a result of any person's 2-23 criminally injurious conduct; and 2-24 (B) is a total disability resulting in permanent 2-25 incapacity for work or is an injury that resulted in the death of 2-26 the person; and 3-1 (2) any other information or evidence required by the 3-2 board. 3-3 Sec. 614.085. AWARD OF PAYMENT. (a) The board shall notify 3-4 the comptroller of the board's determination that a claim under 3-5 this subchapter is valid and justifies payment. 3-6 (b) On receipt of the notice, the comptroller shall issue a 3-7 warrant to or in behalf of the claimant in the proper amount from 3-8 funds appropriated for that purpose. 3-9 (c) A payment under this subchapter to or in behalf of a 3-10 peace officer, fire fighter, or the person's estate is payable as 3-11 soon as possible after the board notifies the comptroller. 3-12 SECTION 2. This Act takes effect only if a specific 3-13 appropriation for the implementation of this Act is provided in 3-14 H.B. No. 1 (General Appropriations Act), Acts of the 76th 3-15 Legislature, Regular Session, 1999. If no specific appropriation 3-16 is provided in H.B. No. 1, the General Appropriations Act, this Act 3-17 has no effect. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended, 3-23 and that this Act take effect and be in force from and after its 3-24 passage, and it is so enacted.