By Flores                                              H.B. No. 877
         77R11221 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the benefits provided to the surviving spouse and minor
 1-3     children of certain public employees killed in the line of duty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 615, Government Code, is amended by adding
 1-6     Subchapter F to read as follows:
 1-7      SUBCHAPTER F.  ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER
 1-8           Sec. 615.121.  PAYMENT TO SURVIVING SPOUSE. (a)  The state
 1-9     shall pay the following benefits to an eligible surviving spouse of
1-10     a peace officer or an employee of the institutional division or
1-11     state jail division of the Texas Department of Criminal Justice, as
1-12     described by Section 615.003(1) or (6), who was killed in the line
1-13     of duty and who had not qualified for an annuity under an
1-14     employees' retirement plan:
1-15                 (1)  funeral expenses related to the deceased officer
1-16     or employee; and
1-17                 (2)  monthly payments that equal the greater of:
1-18                       (A)  the monthly annuity payment the deceased
1-19     officer or employee would have received if the officer or employee
1-20     had survived, had retired on the last day of the month in which the
1-21     officer or employee died, and had been eligible to receive an
1-22     annuity under an employees' retirement plan; or
1-23                       (B)  the minimum monthly annuity payment the
1-24     deceased officer or employee would have received if the officer or
 2-1     employee had been employed by the state for 10 years, had been paid
 2-2     a salary at the lowest amount provided by the General
 2-3     Appropriations Act for a position of peace officer or employee of
 2-4     the institutional division or state jail division of the Texas
 2-5     Department of Criminal Justice, as described by Section 615.003(1)
 2-6     or (6), and had been eligible to retire under the Employees
 2-7     Retirement System of Texas.
 2-8           (b)  The surviving spouse is entitled to continue to receive
 2-9     monthly payments under Subsection (a) until the earlier of:
2-10                 (1)  the date the surviving spouse remarries;
2-11                 (2)  the date the surviving spouse becomes eligible for
2-12     retirement under an employees' retirement plan; or
2-13                 (3)  the date the surviving spouse becomes eligible for
2-14     Social Security benefits.
2-15           Sec. 615.122.  PAYMENT TO SURVIVING MINOR CHILDREN. If an
2-16     eligible surviving spouse who would be entitled to benefits under
2-17     Section 615.121 does not exist but one or more eligible surviving
2-18     minor children of the deceased peace officer or employee of the
2-19     institutional division or state jail division of the Texas
2-20     Department of Criminal Justice, as described by Section 615.003(1)
2-21     or (6), do exist, the state shall pay to the guardian or other
2-22     legal representative of those children the funeral expenses of the
2-23     deceased officer or employee.
2-24           Sec. 615.123.  BENEFITS ADDITIONAL. The benefits provided by
2-25     this subchapter are in addition to any other benefits provided by
2-26     this chapter.
2-27           SECTION 2.  Subchapter F, Chapter 615, Government Code, as
 3-1     added by this Act, applies only to the payment of benefits in
 3-2     relation to a peace officer or employee killed in the line of duty
 3-3     on or after September 1, 2001.
 3-4           SECTION 3.  This Act takes effect September 1, 2001.