SRC-MSY, LBB S.B. 728 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 728
78R4245 YDB-FBy: Staples
State Affairs
4/1/2003
As Filed


DIGEST AND PURPOSE 
  
Currently, financial assistance is given to survivors of law enforcement,
fire, and emergency medical personnel who are killed in the line of duty.
The employee must die while performing activities that are inherent to the
job and that are not customarily encountered by the general public in
order for a survivor to receive payment of benefits.  As proposed, S.B.
728 amends Section 615.021 of the Government Code to create a new standard
of eligibility.  The employee's family is eligible for survivor's benefits
if the employee is killed as a result of a personal injury sustained  in
the line of duty.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 615.021, Government Code, by amending
Subsections (a) and (c) and adding Subsections (d) and (e), as follows: 

(a)  Changes the phrasing of Subdivision (1) to provide that a survivor of
an individual listed under Section 615.003 (Applicability) is eligible for
the payment of assistance under this chapter if the listed individual died
as a result of a personal injury sustained in the line of duty in the
individual's position as described by Section 615.003.   

 (c)  Makes a conforming change.

(d)  Requires any reasonable doubt arising from the circumstances of an
individual's death to be resolved in favor of the payment of assistance to
the survivor, in a determination of whether the survivor of an individual
listed under Section 615.003 is eligible for the payment of assistance
under this chapter.  

 (e)  Defines "personal injury" and "line of duty."

SECTION 2.  Amends Section 811.001, Government Code, by amending
Subdivision (12) and adding Subdivision (12-a), as follows: 

(12)  Deletes "death or" leaving "occupational disability" as the term
defined, rather than "occupational death or disability."   

 (12-a)  Defines "occupational death."

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2003.