By Davis of Harris H.B. No. 1273 77R4698 YDB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creation of a benefit fund and making a supplemental 1-3 one-time payment for certain peace officers and fire fighters 1-4 disabled in the line of duty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 614, Government Code, is amended by 1-7 adding Subchapter F to read as follows: 1-8 SUBCHAPTER F. SUPPLEMENTAL ONE-TIME PAYMENT FOR CERTAIN 1-9 DISABLED PEACE OFFICERS AND FIRE FIGHTERS 1-10 Sec. 614.081. DEFINITIONS. In this subchapter: 1-11 (1) "Board" means the board of trustees of the 1-12 Employees Retirement System of Texas. 1-13 (2) "Fire fighter" means a member of a fire department 1-14 who performs a function listed in Section 143.003(4), Local 1-15 Government Code, without regard to whether the individual is 1-16 subject to a civil service system or program. 1-17 (3) "Peace officer" means an individual elected, 1-18 appointed, or employed to serve as a peace officer for a 1-19 governmental entity under Article 2.12, Code of Criminal Procedure, 1-20 or other law. 1-21 Sec. 614.082. PEACE OFFICER AND FIRE FIGHTER SUPPLEMENTAL 1-22 PAYMENT ACCOUNT. (a) The peace officer and fire fighter 1-23 supplemental payment account is an account in the general revenue 1-24 fund that may be appropriated only for the purposes of this 2-1 subchapter. 2-2 (b) The account consists of gifts, grants, and other revenue 2-3 required by law to be credited to the account. 2-4 Sec. 614.083. ELIGIBILITY FOR PAYMENT. If a peace officer or 2-5 fire fighter employed by the state or a local governmental entity 2-6 in this state sustains an injury in the performance of the person's 2-7 duties as a peace officer or fire fighter and presents evidence 2-8 satisfactory to the board that the person's condition is a total 2-9 disability resulting in permanent incapacity for work, the person 2-10 is entitled to a one-time payment of $75,000 from funds 2-11 appropriated for that purpose. 2-12 Sec. 614.084. PROOF OF CLAIM. To receive a payment under 2-13 this section, a peace officer or fire fighter must furnish to the 2-14 board: 2-15 (1) proof the injury was sustained in the performance 2-16 of the person's duties as a peace officer or fire fighter and is a 2-17 total disability resulting in permanent incapacity for work; and 2-18 (2) any other information or evidence required by the 2-19 board. 2-20 Sec. 614.085. AWARD OF PAYMENT. (a) The board shall notify 2-21 the comptroller of the board's determination that a claim under 2-22 this subchapter is valid and justifies payment. 2-23 (b) On receipt of the notice, the comptroller shall issue a 2-24 warrant to or in behalf of the claimant in the proper amount from 2-25 funds appropriated for that purpose. 2-26 (c) A payment under this subchapter to or in behalf of a 2-27 peace officer or fire fighter is payable as soon as possible after 3-1 the board notifies the comptroller. 3-2 SECTION 2. This Act takes effect immediately if it receives 3-3 a vote of two-thirds of all the members elected to each house, as 3-4 provided by Section 39, Article III, Texas Constitution. If this 3-5 Act does not receive the vote necessary for immediate effect, this 3-6 Act takes effect September 1, 2001.