SRC-BWC H.B. 877 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 877
77R11221 YDB-DBy: Flores (Barrientos)
State Affairs
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, the Employees Retirement System of Texas (ERS) does not
provide benefits to the surviving spouses and minor children (survivor) of
state peace officers or employees of the institutional division or state
jail division of the Texas Department of Criminal Justice (employees)
killed in the line of duty, and who have not yet vested in ERS at the time
of death.  Providing survivor benefits to the beneficiaries of deceased
officers and employees would help to ease the financial burden that
compounds a surviving family's emotional difficulties.  H.B. 877 provides
survivor benefits for the families of state peace officers and employees
killed in the line of duty.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 615, Government Code, by adding Subchapter F, as
follows: 

SUBCHAPTER F.  ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER

Sec. 615.121.  PAYMENT TO SURVIVING SPOUSE.  Requires the state to pay
certain benefits to an eligible surviving spouse of a peace officer or an
employee of the institutional division or state jail division of the Texas
Department of Criminal Justice, as described by Section 615.003(1) or (6),
who was killed in the line of duty and who had not qualified for an annuity
under an employees' retirement plan.  Provides that the surviving spouse is
entitled to continue to receive monthly payments under this section until
the earlier of the date the surviving spouse remarries, the date the
surviving spouse becomes eligible for retirement under an employees'
retirement plan, or the date the surviving spouse becomes eligible for
Social Security benefits. 

Sec. 615.122.  PAYMENT TO SURVIVING MINOR CHILDREN.  Requires the state to
pay to the guardian or other legal representative of those children the
funeral expenses of the deceased officer or employee, if an eligible
surviving spouse who would be entitled to benefits under Section 615.121
does not exist but one or more eligible surviving minor children of the
deceased peace officer or employee of the institutional division or state
jail division of the Texas Department of Criminal Justice, as described by
Section 615.003(1) or (6), do exist. 

Sec. 615.123.  BENEFITS ADDITIONAL.  Provides that the benefits provided by
this subchapter are in addition to any other benefits provided by this
chapter. 

SECTION 2.  Provides that Chapter 615F, Government Code, as added by this
Act, applies only to the payment of benefits in relation to a peace officer
or employee killed in the line of duty on or after September 1, 2001. 

 SECTION 3.  Effective date: September 1, 2001.