1-1 By: Barrientos S.B. No. 850 1-2 (In the Senate - Filed February 22, 2001; February 26, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 April 19, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 19, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 850 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to benefits for certain disabled peace officers. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. This Act shall be known as the Bill Biles Law. 1-13 SECTION 2. Subchapter B, Chapter 56, Code of Criminal 1-14 Procedure, is amended by adding Article 56.542 to read as follows: 1-15 Art. 56.542. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS. 1-16 (a) In this article, "peace officer": 1-17 (1) means an individual elected, appointed, or 1-18 employed to serve as a peace officer for a governmental entity 1-19 under Article 2.12 or other law; and 1-20 (2) includes a former peace officer who because of an 1-21 injury suffered while performing duties as a peace officer is 1-22 entitled to receive payments under this article. 1-23 (b) If a peace officer employed by the state or a local 1-24 governmental entity in this state sustains an injury as a result of 1-25 criminally injurious conduct on or after September 1, 1989, in the 1-26 performance of the officer's duties as a peace officer and presents 1-27 evidence satisfactory to the attorney general that the officer's 1-28 condition is a total disability resulting in permanent incapacity 1-29 for work and that the total disability has persisted for more than 1-30 12 months, the officer is entitled to an annual payment equal to 1-31 the difference between: 1-32 (1) any amounts received by the officer on account of 1-33 the injury or disability from other sources of income, including 1-34 settlements related to the injury or disability, insurance 1-35 benefits, federal disability benefits, workers' compensation 1-36 benefits, and benefits from another governmental entity, if those 1-37 amounts do not exceed the amount described by Subdivision (2); and 1-38 (2) an amount equal to the officer's average annual 1-39 salary during the officer's final three years as a peace officer. 1-40 (c) The amount of the payment under Subsection (b) is 1-41 subject to an annual cost-of-living adjustment computed by the 1-42 attorney general. The attorney general shall compute the amount of 1-43 the cost-of-living adjustment by multiplying the amount of the 1-44 annual payment received by the peace officer under this section 1-45 during the previous year times the percentage by which the Consumer 1-46 Price Index for All Urban Consumers published by the Bureau of 1-47 Labor Statistics of the United States Department of Labor, or its 1-48 successor index, increased during the previous calendar year. 1-49 (d) The attorney general shall compute the amount of an 1-50 initial payment based on an injury suffered after September 1, 1-51 1989, by: 1-52 (1) computing the amount to which the officer is 1-53 entitled under Subsection (b); and 1-54 (2) adding to that amount the cumulative successive 1-55 cost of living adjustments for the intervening years computed from 1-56 the date of the injury. 1-57 (e) To receive a payment under this section, a peace officer 1-58 must furnish to the attorney general: 1-59 (1) proof that the injury was sustained in the 1-60 performance of the applicant's duties as a peace officer and is a 1-61 total disability resulting in permanent incapacity for work; and 1-62 (2) other information or evidence the attorney general 1-63 requires. 1-64 (f) The attorney general may approve the application without 2-1 a hearing or may conduct a hearing under Article 56.40. The 2-2 decision of the attorney general is subject to judicial review 2-3 under Article 56.48. 2-4 (g) The attorney general may appoint a panel of physicians 2-5 to periodically review each application for assistance under this 2-6 article to ensure the validity of the application and the necessity 2-7 of continued assistance to the peace officer. 2-8 (h) The attorney general shall notify the comptroller of the 2-9 attorney general's determination that a claim under this section is 2-10 valid and justifies payment. On receipt of the notice, the 2-11 comptroller shall issue a warrant to or in behalf of the claimant 2-12 in the proper amount from amounts in the compensation to victims of 2-13 crime fund. A payment under this section to or in behalf of a 2-14 peace officer is payable as soon as possible after the attorney 2-15 general notifies the comptroller. 2-16 (i) The attorney general and the comptroller by rule shall 2-17 adopt a memorandum of understanding to establish procedures under 2-18 which annual payments continue to a peace officer until continued 2-19 assistance is no longer necessary. 2-20 (j) Article 56.37 does not apply to the filing of an 2-21 application under this article. Other provisions of this chapter 2-22 apply to this article to the extent applicable and consistent with 2-23 this article. 2-24 (k) The limits on compensation imposed by Article 56.42 do 2-25 not apply to payments made under this article, but the total 2-26 aggregate amount of all annual payments made to an individual peace 2-27 officer under this section may not exceed $200,000. 2-28 SECTION 3. This Act takes effect September 1, 2001. 2-29 * * * * *