By Longoria H.B. No. 253
77R1015 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 615.022, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 615.022. PAYMENT TO SURVIVING SPOUSE. The state shall
1-8 pay $250,000 [$50,000] to an eligible surviving spouse.
1-9 SECTION 2. Section 615.023, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 615.023. PAYMENT TO SURVIVING MINOR CHILD. (a) The
1-12 state shall pay to the duly appointed or qualified guardian or
1-13 other legal representative of an eligible surviving minor child:
1-14 (1) $500 [$200] each month, if there is one surviving
1-15 minor child;
1-16 (2) $750 [$300] each month, if there are two surviving
1-17 minor children; or
1-18 (3) $1,000 [$400] each month, if there are three or
1-19 more surviving minor children.
1-20 (b) A child's entitlement to assistance payable under this
1-21 section continues until the latter of:
1-22 (1) the date of [ends on] the child's 21st birthday;
1-23 or
1-24 (2) if the child enrolls as a full-time student at an
2-1 institution of higher education as defined by Section 61.003,
2-2 Education Code, the date the child receives a bachelor's degree
2-3 from, earns 200 hours of course credit from, or ceases to be
2-4 enrolled as a full-time student at an institution of higher
2-5 education, whichever occurs first.
2-6 (c) At the [that] time a child's entitlement to assistance
2-7 ends under Subsection (b), payments to any other surviving minor
2-8 children shall be adjusted, as necessary, to conform to the amounts
2-9 payable under Subsection (a).
2-10 (d) [(c)] A payment under this section is in addition to any
2-11 payment made under Section 615.022.
2-12 (e) For purposes of Subsection (b)(2), failure to enroll
2-13 during a summer session does not affect whether a child is
2-14 considered to be enrolled as a full-time student.
2-15 SECTION 3. Subchapter B, Chapter 615, Government Code, is
2-16 amended by adding Section 615.0235 to read as follows:
2-17 Sec. 615.0235. EDUCATION BENEFITS FOR SURVIVING SPOUSE OR
2-18 MINOR CHILD. (a) This section applies only to an eligible
2-19 surviving spouse or minor child who enrolls as a full-time student
2-20 in an institution of higher education as defined by Section 61.003,
2-21 Education Code.
2-22 (b) The student is exempt from tuition and fees at that
2-23 institution of higher education until the student receives a
2-24 bachelor's degree or 200 hours of course credit, whichever occurs
2-25 first.
2-26 (c) If the student elects to reside in housing provided by
2-27 the institution of higher education and qualifies to reside in that
3-1 housing, the institution shall pay from the general revenue
3-2 appropriated to the institution the cost of the student's contract
3-3 for food and housing until the student receives a bachelor's degree
3-4 or 200 hours of course credit, whichever occurs first. If there is
3-5 no space available in the institution's housing, the institution
3-6 shall, from the general revenue appropriated to the institution,
3-7 pay to the student each month the equivalent amount that the
3-8 institution would have expended had the student lived in the
3-9 institution's housing. The institution is not required to pay the
3-10 student the monthly payment if the student would not qualify to
3-11 live in the institution's housing.
3-12 (d) The institution of higher education shall, from the
3-13 general revenue appropriated to the institution, pay to the student
3-14 the cost of the student's textbooks until the student receives a
3-15 bachelor's degree or 200 hours of course credit, whichever occurs
3-16 first.
3-17 (e) A payment under this section is in addition to any
3-18 payment made under Section 615.022 or 615.023.
3-19 SECTION 4. Section 615.024, Government Code, is amended to
3-20 read as follows:
3-21 Sec. 615.024. PAYMENT TO SURVIVING PARENT. The state shall
3-22 pay an eligible surviving parent:
3-23 (1) $250,000 [$50,000], if there is only one eligible
3-24 surviving parent; or
3-25 (2) $125,000 [$25,000] each, if there are two eligible
3-26 surviving parents.
3-27 SECTION 5. Section 615.025, Government Code, is amended to
4-1 read as follows:
4-2 Sec. 615.025. PAYMENT TO SURVIVING DEPENDENT SIBLING. (a)
4-3 The state shall pay to an eligible surviving dependent sibling or
4-4 to the sibling's duly appointed or qualified guardian or other
4-5 legal representative the sibling's share of $250,000, which amount
4-6 is to be divided equally among eligible surviving dependent
4-7 siblings[:]
4-8 [(1) $200 each month, if there is one eligible
4-9 surviving dependent sibling;]
4-10 [(2) $300 each month, if there are two eligible
4-11 surviving dependent siblings; or]
4-12 [(3) $400 each month, if there are three or more
4-13 eligible surviving dependent siblings].
4-14 (b) [A sibling's entitlement to assistance payable under
4-15 this section ends on the sibling's 18th birthday. At that time,
4-16 payments to any other eligible surviving dependent siblings shall
4-17 be adjusted, if necessary, to conform with the amounts specified by
4-18 Subsection (a).]
4-19 [(c)] A payment under this section is in addition to any
4-20 payment made under Section 615.024 to a surviving dependent parent.
4-21 SECTION 6. (a) This Act takes effect September 1, 2001.
4-22 (b) The changes in law made by this Act relating to the
4-23 death of certain public servants apply only to a death that occurs
4-24 on or after the effective date of this Act. A death that occurs
4-25 before the effective date of this Act is governed by the law in
4-26 effect when the death occurs, and that law is continued in effect
4-27 for that purpose.