Amend CSHB 877 (Senate Committee Printing) as follows:
(1) Strike SECTION 1 of the bill (page 1, lines 13-20).
(2) Strike SECTION 4 of the bill (page 2, line 20).
(3) Add the following appropriately numbered SECTIONS to the
bill and renumber the SECTIONS of the bill accordingly:
SECTION _____. Section 615.021(a), Government Code, is
amended to read as follows:
(a) A survivor of an individual listed under Section 615.003
is eligible for the payment of assistance under this chapter if:
(1) the listed individual died in the course of the
individual's duty performed in the individual's position as
described by Section 615.003 as a result of exposure to a risk:
(A) that is inherent in the duty; or
(B) to which the general public is not
customarily exposed; and
(2) the survivor is:
(A) the surviving spouse of the listed
individual;
(B) a surviving <minor> child of the listed
individual, if there is no surviving spouse; or
(C) a surviving <dependent> parent of the listed
individual, if<:>
<(i)> there is no surviving spouse or
<minor> child<; and>
<(ii) the parent was claimed as a dependent
on the income tax return filed with the Internal Revenue Service by
the listed individual in the year preceding the year in which the
listed individual died;>
<(D) a surviving dependent sibling of the listed
individual and is younger than 18 years of age, if:>
<(i) there is no surviving spouse or minor
child; and>
<(ii) the sibling was claimed as a
dependent on the income tax return filed with the Internal Revenue
Service by the listed individual in the year preceding the year in
which the listed individual died; or>
<(E) a surviving parent of the listed
individual, if there is no surviving spouse, minor child, dependent
parent eligible under Subdivision (2)(C), or dependent sibling
eligible under Subdivision (2)(D)>.
SECTION _____. Section 615.022, Government Code, is amended
to read as follows:
Sec. 615.022. PAYMENT TO SURVIVORS <SURVIVING SPOUSE>. (a)
If there is an eligible surviving spouse, the <The> state shall pay
$250,000 <$50,000> to the <an> eligible surviving spouse.
(b) If there is no eligible surviving spouse, the state
shall pay $250,000 in equal shares to surviving children.
(c) If there is no eligible surviving spouse or child, the
state shall pay $250,000 in equal shares to surviving parents.
SECTION _____. Subchapter B, Chapter 615, Government Code,
is amended by adding Section 615.0225 to read as follows:
Sec. 615.0225. EDUCATION BENEFITS FOR CERTAIN SURVIVORS. (a)
A person is eligible to receive education benefits under this
section if the person is:
(1) a surviving spouse; or
(2) a surviving child, if the child was claimed as a
dependent on the income tax return filed with the Internal Revenue
Service by the listed individual in the year preceding the year in
which the listed individual died.
(b) An eligible person who enrolls as a full-time student at
an institution of higher education as defined by Section 61.003,
Education Code, is exempt from tuition and fees at that institution
of higher education until the student receives a bachelor's degree
or 200 hours of course credit, whichever occurs first.
(c) If the student elects to reside in housing provided by
the institution of higher education and qualifies to reside in that
housing, the institution shall pay from the general revenue
appropriated to the institution the cost of the student's contract
for food and housing until the student receives a bachelor's degree
or 200 hours of course credit, whichever occurs first. If there is
no space available in the institution's housing, the institution
shall, from the general revenue appropriated to the institution,
pay to the student each month the equivalent amount that the
institution would have expended had the student lived in the
institution's housing. The institution is not required to pay the
student the monthly payment if the student would not qualify to
live in the institution's housing.
(d) The institution of higher education shall, from the
general revenue appropriated to the institution, pay to the student
the cost of the student's textbooks until the student receives a
bachelor's degree or 200 hours of course credit, whichever occurs
first.
(e) A payment under this section is in addition to any
payment made under Section 615.022.
SECTION _____. Section 615.042(c), Government Code, is
amended to read as follows:
(c) Payments under this chapter on behalf of a surviving
child <or dependent sibling> are payable beginning on the first day
of the first month after the death of the individual listed in
Section 615.003.
SECTION _____. Section 615.043, Government Code, is amended
to read as follows:
Sec. 615.043. DENIAL OF CLAIM. If the board of trustees of
the Employees Retirement System of Texas denies a claim, the board
shall send a notice of the denial to:
(1) the person making the claim; or
(2) the duly qualified guardian or legal
representative of a surviving minor child <or dependent sibling>,
if a claim is being made on behalf of the child <or sibling>.
SECTION _____. Section 615.044(a), Government Code, is
amended to read as follows:
(a) A person whose claim for payment to a surviving spouse,
minor child, or dependent parent <or sibling> is denied or the
person's legal representative may appeal the denial to a district
court of the residence of the surviving spouse, minor child, or
dependent parent <or sibling> or to a district court in Travis
County.
SECTION _____. Sections 615.023, 615.024, and 615.025,
Government Code, are repealed.
SECTION _____. (a) The changes in law made by this Act to
Subchapters B and C, Chapter 615, Government Code, relating to the
death of certain public servants apply only in relation to a death
that occurs on or after September 1, 2000. Matters regarding
eligibility, payment, and other benefits under Subchapter B,
Chapter 615, Government Code, in relation to a death that occurs
before September 1, 2000, are governed by the law in effect when
the death occurs, and the former law is continued in effect for
that purpose.
(b) Notwithstanding Subsection (a) of this section, the
changes in law made by this Act relating to the entitlement of a
dependent sibling to receive benefits under Chapter 615, Government
Code, apply only beginning on the effective date of this Act, and
matters regarding eligibility of a dependent sibling and benefits
payable to a dependent sibling in relation to a death that occurs
before the effective date of this Act are governed by the law in
effect when the death occurs, and the former law is continued in
effect for this purpose.
SECTION _____. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2001.