1-1     By:  Flores (Senate Sponsor - Barrientos)              H.B. No. 877
 1-2           (In the Senate - Received from the House May 4, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; May 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 877               By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the benefits provided to the surviving spouse and minor
1-11     children of certain public employees killed in the line of duty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 615.023, Government Code, is amended by
1-14     adding Subsection (d) to read as follows:
1-15           (d)  Assistance payable under this section to a minor child
1-16     of a peace officer or employee of the institutional division or
1-17     state jail division of the Texas Department of Criminal Justice, as
1-18     described by Section 615.003(1) or (6), is not dependent on the
1-19     deceased peace officer or employee being vested in the Employees
1-20     Retirement System of Texas before death.
1-21           SECTION 2. Chapter 615, Government Code, is amended by adding
1-22     Subchapter F to read as follows:
1-23      SUBCHAPTER F.  ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER
1-24           Sec. 615.121.  PAYMENT TO SURVIVING SPOUSE. (a)  The state
1-25     shall pay the following benefits to an eligible surviving spouse of
1-26     a peace officer or an employee of the institutional division or
1-27     state jail division of the Texas Department of Criminal Justice, as
1-28     described by Section 615.003(1) or (6), who was killed in the line
1-29     of duty and who had not qualified for an annuity under an
1-30     employees' retirement plan:
1-31                 (1)  funeral expenses related to the deceased officer
1-32     or employee; and
1-33                 (2)  monthly payments that equal the greater of:
1-34                       (A)  the monthly annuity payment the deceased
1-35     officer or employee would have received if the officer or employee
1-36     had survived, had retired on the last day of the month in which the
1-37     officer or employee died, and had been eligible to receive an
1-38     annuity under an employees' retirement plan; or
1-39                       (B)  the minimum monthly annuity payment the
1-40     deceased officer or employee would have received if the officer or
1-41     employee had been employed by the state for 10 years, had been paid
1-42     a salary at the lowest amount provided by the General
1-43     Appropriations Act for a position of peace officer or employee of
1-44     the institutional division or state jail division of the Texas
1-45     Department of Criminal Justice, as described by Section 615.003(1)
1-46     or (6), and had been eligible to retire under the Employees
1-47     Retirement System of Texas.
1-48           (b)  The surviving spouse is entitled to continue to receive
1-49     monthly payments under Subsection (a) until the earlier of:
1-50                 (1)  the date the surviving spouse remarries;
1-51                 (2)  the date the surviving spouse becomes eligible for
1-52     retirement under an employees' retirement plan; or
1-53                 (3)  the date the surviving spouse becomes eligible for
1-54     Social Security benefits.
1-55           (c)  The Employees Retirement System of Texas may require the
1-56     surviving spouse to provide information as necessary to administer
1-57     this section.
1-58           (d)  The Employees Retirement System of Texas may adopt rules
1-59     necessary to administer this section including rules:
1-60                 (1)  setting the maximum amount of funeral expenses
1-61     payable under this subchapter; and
1-62                 (2)  calculating the survivor benefits payable under
1-63     this subchapter.
1-64           (e)  The Employees Retirement System of Texas shall apply
 2-1     reduction factors, as applicable to an annuity payable under this
 2-2     section, in the same manner the factors are applied to a death
 2-3     benefit plan administered by the system.
 2-4           Sec. 615.122.  PAYMENT TO SURVIVING MINOR CHILDREN. If an
 2-5     eligible surviving spouse who would be entitled to benefits under
 2-6     Section 615.121 does not exist but one or more eligible surviving
 2-7     minor children of the deceased peace officer or employee of the
 2-8     institutional division or state jail division of the Texas
 2-9     Department of Criminal Justice, as described by Section 615.003(1)
2-10     or (6), do exist, the state shall pay to the guardian or other
2-11     legal representative of those children the funeral expenses of the
2-12     deceased officer or employee.
2-13           Sec. 615.123.  BENEFITS ADDITIONAL. The benefits provided by
2-14     this subchapter are in addition to any other benefits provided by
2-15     this chapter.
2-16           SECTION 3.  Subchapter F, Chapter 615, Government Code, as
2-17     added by this Act, applies only to the payment of benefits in
2-18     relation to a peace officer or employee killed in the line of duty
2-19     on or after September 1, 2001.
2-20           SECTION 4.  This Act takes effect September 1, 2001.
2-21                                  * * * * *