1-1 By: Gallegos S.B. No. 1785 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on State Affairs; 1-4 May 10, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 0; May 10, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1785 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to creation of a benefit fund and supplemental one-time 1-11 payment for certain disabled or deceased peace officers and fire 1-12 fighters. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Chapter 614, Government Code, is amended by 1-15 adding Subchapter F to read as follows: 1-16 SUBCHAPTER F. SUPPLEMENTAL ONE-TIME PAYMENT FOR CERTAIN 1-17 DISABLED PEACE OFFICERS AND FIRE FIGHTERS OR THEIR ESTATES 1-18 Sec. 614.081. DEFINITIONS. In this subchapter: 1-19 (1) "Board" means the board of trustees of the 1-20 Employees Retirement System of Texas. 1-21 (2) "Fire fighter" means a member of a fire department 1-22 who performs a function listed in Section 143.003(4), Local 1-23 Government Code, without regard to whether the individual is 1-24 subject to a civil service system or program. 1-25 (3) "Peace officer" means an individual elected, 1-26 appointed, or employed to serve as a peace officer for a 1-27 governmental entity under Article 2.12, Code of Criminal Procedure, 1-28 or other law. 1-29 Sec. 614.082. PEACE OFFICER AND FIRE FIGHTER SUPPLEMENTAL 1-30 PAYMENT ACCOUNT. (a) The peace officer and fire fighter 1-31 supplemental payment account is an account in the general revenue 1-32 fund that may be appropriated only for the purposes of this 1-33 subchapter. 1-34 (b) The account consists of gifts, grants, and other revenue 1-35 required by law to be credited to the account. 1-36 Sec. 614.083. ELIGIBILITY FOR PAYMENT. If a peace officer 1-37 or fire fighter employed by the state or a local governmental 1-38 entity in this state sustains an injury in the performance of the 1-39 person's duties as a peace officer or fire fighter, or in the 1-40 performance of volunteer services related to law enforcement or 1-41 fire fighting, that is not sustained as a result of any person's 1-42 criminally injurious conduct, and the person or the person's estate 1-43 presents evidence satisfactory to the board that the person's 1-44 condition is a total disability resulting in permanent incapacity 1-45 for work or that the injury resulted in the death of the person, 1-46 the person or the person's estate is entitled, from funds 1-47 appropriated for that purpose, to a one-time payment of $75,000. 1-48 Sec. 614.084. PROOF OF CLAIM. To receive a payment under 1-49 this subchapter, a peace officer, fire fighter, or the person's 1-50 estate must furnish to the board: 1-51 (1) proof that the injury: 1-52 (A) was sustained in the performance of the 1-53 person's duties as a peace officer or fire fighter or in the 1-54 performance of volunteer services related to law enforcement or 1-55 fire fighting and was not sustained as a result of any person's 1-56 criminally injurious conduct; and 1-57 (B) is a total disability resulting in permanent 1-58 incapacity for work or is an injury that resulted in the death of 1-59 the person; and 1-60 (2) any other information or evidence required by the 1-61 board. 1-62 Sec. 614.085. AWARD OF PAYMENT. (a) The board shall notify 1-63 the comptroller of the board's determination that a claim under 1-64 this subchapter is valid and justifies payment. 2-1 (b) On receipt of the notice, the comptroller shall issue a 2-2 warrant to or in behalf of the claimant in the proper amount from 2-3 funds appropriated for that purpose. 2-4 (c) A payment under this subchapter to or in behalf of a 2-5 peace officer, fire fighter, or the person's estate is payable as 2-6 soon as possible after the board notifies the comptroller. 2-7 SECTION 2. This Act takes effect only if a specific 2-8 appropriation for the implementation of this Act is provided in 2-9 H.B. No. 1 (General Appropriations Act), Acts of the 76th 2-10 Legislature, Regular Session, 1999. If no specific appropriation 2-11 is provided in H.B. No. 1, the General Appropriations Act, this Act 2-12 has no effect. 2-13 SECTION 3. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted. 2-20 * * * * *