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.