By Gallegos                                           S.B. No. 1785
         76R6951 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creation of a benefit fund and supplemental one-time
 1-3     payment for certain peace officers and fire fighters disabled in
 1-4     the line of duty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 614, Government Code, is amended by
 1-7     adding Subchapter F to read as follows:
 1-8           SUBCHAPTER F. SUPPLEMENTAL ONE-TIME PAYMENT FOR CERTAIN
 1-9                  DISABLED PEACE OFFICERS AND FIRE FIGHTERS
1-10           Sec. 614.081.  DEFINITIONS. In this subchapter:
1-11                 (1)  "Board" means the board of trustees of the
1-12     Employees Retirement System of Texas.
1-13                 (2)  "Fire fighter" means a member of a fire department
1-14     who performs a function listed in Section 143.003(4), Local
1-15     Government Code, without regard to whether the individual is
1-16     subject to a civil service system or program.
1-17                 (3)  "Peace officer" means an individual elected,
1-18     appointed, or employed to serve as a peace officer for a
1-19     governmental entity under Article 2.12, Code of Criminal Procedure,
1-20     or other law.
1-21           Sec. 614.082.  PEACE OFFICER AND FIRE FIGHTER SUPPLEMENTAL
1-22     PAYMENT ACCOUNT.  (a)  The peace officer and fire fighter
1-23     supplemental payment account is an account in the general revenue
1-24     fund that may be appropriated only for the purposes of this
 2-1     subchapter.
 2-2           (b)  The account consists of gifts, grants, and other revenue
 2-3     required by law to be credited to the account.
 2-4           Sec. 614.083.  ELIGIBILITY FOR PAYMENT. If a peace officer or
 2-5     fire fighter employed by the state or a local governmental entity
 2-6     in this state sustains an injury in the performance of the person's
 2-7     duties as a peace officer or fire fighter and presents evidence
 2-8     satisfactory to the board that the person's condition is a total
 2-9     disability resulting in permanent incapacity for work, the person
2-10     is entitled, from funds appropriated for that purpose, to a
2-11     one-time payment of $75,000.
2-12           Sec. 614.084.  PROOF OF CLAIM. To receive a payment under
2-13     this section, a peace officer or fire fighter must furnish to the
2-14     board:
2-15                 (1)  proof that the injury was sustained in the
2-16     performance of the person's duties as a peace officer or fire
2-17     fighter and is a total disability resulting in permanent incapacity
2-18     for work; and
2-19                 (2)  any other information or evidence required by the
2-20     board.
2-21           Sec. 614.085.  AWARD OF PAYMENT.  (a)  The board shall notify
2-22     the comptroller of the board's determination that a claim under
2-23     this subchapter is valid and justifies payment.
2-24           (b)  On receipt of the notice, the comptroller shall issue a
2-25     warrant to or in behalf of the claimant in the proper amount from
2-26     funds appropriated for that purpose.
2-27           (c)  A payment under this subchapter to or in behalf of a
 3-1     peace officer or fire fighter is payable as soon as possible after
 3-2     the board notifies the comptroller.
 3-3           SECTION 2.  The importance of this legislation and the
 3-4     crowded condition of the calendars in both houses create an
 3-5     emergency and an imperative public necessity that the
 3-6     constitutional rule requiring bills to be read on three several
 3-7     days in each house be suspended, and this rule is hereby suspended,
 3-8     and that this Act take effect and be in force from and after its
 3-9     passage, and it is so enacted.