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. Section 615.021(a), Government Code, is amended
1-6 to 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
4-7 to 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
4-22 to 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. Chapter 615, Government Code, is amended by adding
5-3 Subchapter F to read as follows:
5-4 SUBCHAPTER F. ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER
5-5 Sec. 615.121. PAYMENT TO SURVIVING SPOUSE. (a) The state
5-6 shall pay the following benefits to an eligible surviving spouse of
5-7 a peace officer or an employee of the institutional division or
5-8 state jail division of the Texas Department of Criminal Justice, as
5-9 described by Section 615.003(1) or (6), who was killed in the line
5-10 of duty and who had not qualified for an annuity under an
5-11 employees' retirement plan:
5-12 (1) funeral expenses related to the deceased officer
5-13 or employee; and
5-14 (2) monthly payments that equal the greater of:
5-15 (A) the monthly annuity payment the deceased
5-16 officer or employee would have received if the officer or employee
5-17 had survived, had retired on the last day of the month in which the
5-18 officer or employee died, and had been eligible to receive an
5-19 annuity under an employees' retirement plan; or
5-20 (B) the minimum monthly annuity payment the
5-21 deceased officer or employee would have received if the officer or
5-22 employee had been employed by the state for 10 years, had been paid
5-23 a salary at the lowest amount provided by the General
5-24 Appropriations Act for a position of peace officer or employee of
5-25 the institutional division or state jail division of the Texas
5-26 Department of Criminal Justice, as described by Section 615.003(1)
5-27 or (6), and had been eligible to retire under the Employees
6-1 Retirement System of Texas.
6-2 (b) The surviving spouse is entitled to continue to receive
6-3 monthly payments under Subsection (a) until the earlier of:
6-4 (1) the date the surviving spouse remarries;
6-5 (2) the date the surviving spouse becomes eligible for
6-6 retirement under an employees' retirement plan; or
6-7 (3) the date the surviving spouse becomes eligible for
6-8 Social Security benefits.
6-9 (c) The Employees Retirement System of Texas may require the
6-10 surviving spouse to provide information as necessary to administer
6-11 this section.
6-12 (d) The Employees Retirement System of Texas may adopt rules
6-13 necessary to administer this section including rules:
6-14 (1) setting the maximum amount of funeral expenses
6-15 payable under this subchapter; and
6-16 (2) calculating the survivor benefits payable under
6-17 this subchapter.
6-18 (e) The Employees Retirement System of Texas shall apply
6-19 reduction factors, as applicable to an annuity payable under this
6-20 section, in the same manner the factors are applied to a death
6-21 benefit plan administered by the system.
6-22 Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an
6-23 eligible surviving spouse who would be entitled to benefits under
6-24 Section 615.121 does not exist but one or more eligible surviving
6-25 minor children of the deceased peace officer or employee of the
6-26 institutional division or state jail division of the Texas
6-27 Department of Criminal Justice, as described by Section 615.003(1)
7-1 or (6), do exist, the state shall pay to the guardian or other
7-2 legal representative of those children the funeral expenses of the
7-3 deceased officer or employee.
7-4 Sec. 615.123. BENEFITS ADDITIONAL. The benefits provided by
7-5 this subchapter are in addition to any other benefits provided by
7-6 this chapter.
7-7 SECTION 8. Sections 615.023, 615.024, and 615.025,
7-8 Government Code, are repealed.
7-9 SECTION 9. (a) The changes in law made by this Act to
7-10 Subchapters B and C, Chapter 615, Government Code, relating to the
7-11 death of certain public servants apply only in relation to a death
7-12 that occurs on or after September 1, 2000. Matters regarding
7-13 eligibility, payment, and other benefits under Subchapter B,
7-14 Chapter 615, Government Code, in relation to a death that occurs
7-15 before September 1, 2000, are governed by the law in effect when
7-16 the death occurs, and the former law is continued in effect for
7-17 that purpose.
7-18 (b) Notwithstanding Subsection (a) of this section, the
7-19 changes in law made by this Act relating to the entitlement of a
7-20 dependent sibling to receive benefits under Chapter 615, Government
7-21 Code, apply only beginning on the effective date of this Act, and
7-22 matters regarding eligibility of a dependent sibling and benefits
7-23 payable to a dependent sibling in relation to a death that occurs
7-24 before the effective date of this Act are governed by the law in
7-25 effect when the death occurs, and the former law is continued in
7-26 effect for this purpose.
7-27 SECTION 10. Subchapter F, Chapter 615, Government Code, as
8-1 added by this Act, applies only to the payment of benefits in
8-2 relation to a peace officer or employee killed in the line of duty
8-3 on or after September 1, 2001.
8-4 SECTION 11. This Act takes effect immediately if it receives
8-5 a vote of two-thirds of all the members elected to each house, as
8-6 provided by Section 39, Article III, Texas Constitution. If this
8-7 Act does not receive the vote necessary for immediate effect, this
8-8 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 877 was passed by the House on May 3,
2001, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 877 on May 24, 2001, by the following vote:
Yeas 129, Nays 0, 2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 877 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor