By Longoria, Allen, Menendez, Hopson, et al. H.B. No. 253
77R12098 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to benefits paid to survivors of certain law enforcement
1-3 officers, firefighters, and other public servants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 615.021(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) A survivor of an individual listed under Section 615.003
1-8 is eligible for the payment of assistance under this chapter if:
1-9 (1) the listed individual died in the course of the
1-10 individual's duty performed in the individual's position as
1-11 described by Section 615.003 as a result of exposure to a risk:
1-12 (A) that is inherent in the duty; or
1-13 (B) to which the general public is not
1-14 customarily exposed; and
1-15 (2) the survivor is:
1-16 (A) the surviving spouse of the listed
1-17 individual;
1-18 (B) a surviving [minor] child of the listed
1-19 individual, if there is no surviving spouse; or
1-20 (C) a surviving [dependent] parent of the listed
1-21 individual, if[:]
1-22 [(i)] there is no surviving spouse or
1-23 [minor] child[; and]
1-24 [(ii) the parent was claimed as a
2-1 dependent on the income tax return filed with the Internal Revenue
2-2 Service by the listed individual in the year preceding the year in
2-3 which the listed individual died;]
2-4 [(D) a surviving dependent sibling of the listed
2-5 individual and is younger than 18 years of age, if:]
2-6 [(i) there is no surviving spouse or minor
2-7 child; and]
2-8 [(ii) the sibling was claimed as a
2-9 dependent on the income tax return filed with the Internal Revenue
2-10 Service by the listed individual in the year preceding the year in
2-11 which the listed individual died; or]
2-12 [(E) a surviving parent of the listed
2-13 individual, if there is no surviving spouse, minor child, dependent
2-14 parent eligible under Subdivision (2)(C), or dependent sibling
2-15 eligible under Subdivision (2)(D)].
2-16 SECTION 2. Section 615.022, Government Code, is amended to
2-17 read as follows:
2-18 Sec. 615.022. PAYMENT TO SURVIVORS [SURVIVING SPOUSE]. (a)
2-19 If there is an eligible surviving spouse, the [The] state shall pay
2-20 $250,000 [$50,000] to the [an] eligible surviving spouse.
2-21 (b) If there is no eligible surviving spouse, the state
2-22 shall pay $250,000 in equal shares to surviving children.
2-23 (c) If there is no eligible surviving spouse or child, the
2-24 state shall pay $250,000 in equal shares to surviving parents.
2-25 SECTION 3. Subchapter B, Chapter 615, Government Code, is
2-26 amended by adding Section 615.0225 to read as follows:
2-27 Sec. 615.0225. EDUCATION BENEFITS FOR CERTAIN SURVIVORS. (a)
3-1 A person is eligible to receive education benefits under this
3-2 section if the person is:
3-3 (1) a surviving spouse; or
3-4 (2) a surviving child, if the child was claimed as a
3-5 dependent on the income tax return filed with the Internal Revenue
3-6 Service by the listed individual in the year preceding the year in
3-7 which the listed individual died.
3-8 (b) An eligible person who enrolls as a full-time student at
3-9 an institution of higher education as defined by Section 61.003,
3-10 Education Code, is exempt from tuition and fees at that institution
3-11 of higher education until the student receives a bachelor's degree
3-12 or 200 hours of course credit, whichever occurs first.
3-13 (c) If the student elects to reside in housing provided by
3-14 the institution of higher education and qualifies to reside in that
3-15 housing, the institution shall pay from the general revenue
3-16 appropriated to the institution the cost of the student's contract
3-17 for food and housing until the student receives a bachelor's degree
3-18 or 200 hours of course credit, whichever occurs first. If there is
3-19 no space available in the institution's housing, the institution
3-20 shall, from the general revenue appropriated to the institution,
3-21 pay to the student each month the equivalent amount that the
3-22 institution would have expended had the student lived in the
3-23 institution's housing. The institution is not required to pay the
3-24 student the monthly payment if the student would not qualify to
3-25 live in the institution's housing.
3-26 (d) The institution of higher education shall, from the
3-27 general revenue appropriated to the institution, pay to the student
4-1 the cost of the student's textbooks until the student receives a
4-2 bachelor's degree or 200 hours of course credit, whichever occurs
4-3 first.
4-4 (e) A payment under this section is in addition to any
4-5 payment made under Section 615.022.
4-6 SECTION 4. Section 615.042(c), Government Code, is amended to
4-7 read as follows:
4-8 (c) Payments under this chapter on behalf of a surviving
4-9 child [or dependent sibling] are payable beginning on the first day
4-10 of the first month after the death of the individual listed in
4-11 Section 615.003.
4-12 SECTION 5. Section 615.043, Government Code, is amended to
4-13 read as follows:
4-14 Sec. 615.043. DENIAL OF CLAIM. If the board of trustees of
4-15 the Employees Retirement System of Texas denies a claim, the board
4-16 shall send a notice of the denial to:
4-17 (1) the person making the claim; or
4-18 (2) the duly qualified guardian or legal
4-19 representative of a surviving minor child [or dependent sibling],
4-20 if a claim is being made on behalf of the child [or sibling].
4-21 SECTION 6. Section 615.044(a), Government Code, is amended to
4-22 read as follows:
4-23 (a) A person whose claim for payment to a surviving spouse,
4-24 minor child, or dependent parent [or sibling] is denied or the
4-25 person's legal representative may appeal the denial to a district
4-26 court of the residence of the surviving spouse, minor child, or
4-27 dependent parent [or sibling] or to a district court in Travis
5-1 County.
5-2 SECTION 7. Sections 615.023, 615.024, and 615.025, Government
5-3 Code, are repealed.
5-4 SECTION 8. (a) The change in law made by this Act relating
5-5 to the death of certain public servants applies only in relation to
5-6 a death that occurs on or after September 1, 2000. Matters
5-7 regarding eligibility, payment, and other benefits under Subchapter
5-8 B, Chapter 615, Government Code, in relation to a death that occurs
5-9 before September 1, 2000, are governed by the law in effect when
5-10 the death occurs, and the former law is continued in effect for
5-11 that purpose.
5-12 (b) Notwithstanding Subsection (a) of this section, the
5-13 changes in law made by this Act relating to the entitlement of a
5-14 dependent sibling to receive benefits under Chapter 615, Government
5-15 Code, apply only beginning on the effective date of this Act, and
5-16 matters regarding eligibility of a dependent sibling and benefits
5-17 payable to a dependent sibling in relation to a death that occurs
5-18 before the effective date of this Act are governed by the law in
5-19 effect when the death occurs, and the former law is continued in
5-20 effect for this purpose.
5-21 SECTION 9. This Act takes effect immediately if it receives
5-22 a vote of two-thirds of all the members elected to each house, as
5-23 provided by Section 39, Article III, Texas Constitution. If this
5-24 Act does not receive the vote necessary for immediate effect, this
5-25 Act takes effect September 1, 2001.