By Tillery H.B. No. 2194
77R6057 KSD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to benefits for certain disabled peace officers and county
1-3 jailers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act shall be known as the Bill Biles Law.
1-6 SECTION 2. Subchapter B, Chapter 56, Code of Criminal
1-7 Procedure, is amended by adding Article 56.542 to read as follows:
1-8 Art. 56.542. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
1-9 AND COUNTY JAILERS. (a) In this article:
1-10 (1) "County jailer" has the meaning assigned by
1-11 Section 1701.001, Occupations Code.
1-12 (2) "Peace officer" means an individual elected,
1-13 appointed, or employed to serve as a peace officer for a
1-14 governmental entity under Article 2.12 or other law. The term
1-15 includes a former peace officer who because of an injury suffered
1-16 while performing duties as a peace officer is entitled to receive
1-17 payments under this article.
1-18 (b) If a peace officer employed by the state or a local
1-19 governmental entity in this state or a county jailer sustains an
1-20 injury as a result of criminally injurious conduct on or after
1-21 September 1, 1989, in the performance of the officer's or jailer's
1-22 duties as a peace officer or county jailer and presents evidence
1-23 satisfactory to the attorney general that the officer's or jailer's
1-24 condition is a total disability resulting in permanent incapacity
2-1 for work and that the total disability has persisted for more than
2-2 12 months, the officer or jailer is entitled to an annual payment
2-3 equal to the difference between:
2-4 (1) any amounts received by the officer or jailer on
2-5 account of the injury or disability from other sources of income,
2-6 including insurance benefits, federal disability benefits, workers'
2-7 compensation benefits, and benefits from another governmental
2-8 entity, if those amounts do not exceed the amount described by
2-9 Subdivision (2); and
2-10 (2) an amount equal to the officer's or jailer's
2-11 average annual salary during the officer's or jailer's final three
2-12 years as a peace officer or county jailer.
2-13 (c) The amount of the payment under Subsection (b) is
2-14 subject to an annual cost of living adjustment computed by the
2-15 attorney general. The attorney general shall compute the amount of
2-16 the cost of living adjustment by multiplying the amount of the
2-17 annual payment received by the peace officer or county jailer under
2-18 this section during the previous year times the percentage by which
2-19 the Consumer Price Index for All Urban Consumers, published by the
2-20 Bureau of Labor Statistics of the United States Department of
2-21 Labor, or its successor index, increased during the previous
2-22 calendar year.
2-23 (d) The attorney general shall compute the amount of an
2-24 initial payment based on an injury suffered after September 1,
2-25 1989, by:
2-26 (1) computing the amount to which the officer or
2-27 jailer is entitled under Subsection (b); and
3-1 (2) adding to that amount the cumulative successive
3-2 cost of living adjustments for the intervening years computed from
3-3 the date of the injury.
3-4 (e) To receive a payment under this section, a peace officer
3-5 or county jailer must furnish to the attorney general:
3-6 (1) proof the injury was sustained in the performance
3-7 of the applicant's duties as an officer or jailer and is a total
3-8 disability resulting in permanent incapacity for work; and
3-9 (2) other information or evidence the attorney general
3-10 requires.
3-11 (f) The attorney general may approve the application without
3-12 a hearing or may conduct a hearing under Article 56.40. The
3-13 decision of the attorney general is subject to judicial review
3-14 under Article 56.48.
3-15 (g) The attorney general may appoint a panel of physicians
3-16 to periodically review each application for assistance under this
3-17 article to ensure the validity of the application and the necessity
3-18 of continued assistance to the peace officer or county jailer.
3-19 (h) The attorney general shall notify the comptroller of the
3-20 attorney general's determination that a claim under this section is
3-21 valid and justifies payment. On receipt of the notice, the
3-22 comptroller shall issue a warrant to or in behalf of the claimant
3-23 in the proper amount from amounts in the compensation to victims of
3-24 crime fund. A payment under this section to or in behalf of a
3-25 peace officer or county jailer is payable as soon as possible after
3-26 the attorney general notifies the comptroller.
3-27 (i) The attorney general and the comptroller by rule shall
4-1 adopt a memorandum of understanding to establish procedures under
4-2 which annual payments continue to a peace officer or county jailer
4-3 until continued assistance is no longer necessary.
4-4 (j) Article 56.37 does not apply to the filing of an
4-5 application under this article. Other provisions of this chapter
4-6 apply to this article to the extent applicable and consistent with
4-7 this article.
4-8 (k) The limits on compensation imposed by Article 56.42 do
4-9 not apply to payments made under this article.
4-10 SECTION 3. This Act takes effect September 1, 2001.