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.