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.
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