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78R6594 YDB-D

By:  Flores                                                       H.B. No. 1323



A BILL TO BE ENTITLED

AN ACT

relating to the benefits provided to eligible survivors of certain 
public servants killed in motor vehicle accidents in the line of 
duty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 615.021(a), Government Code, is amended 
to read as follows:
	(a)  A survivor of an individual listed under Section 615.003 
is eligible for the payment of assistance under this chapter if:
		(1)  the listed individual died in the course of the 
individual's duty performed in the individual's position as 
described by Section 615.003 as a result of:
			(A)  exposure to a risk:                                              
				(i) [(A)]  that is inherent in the duty;  or        
				(ii) [(B)]  to which the general public is 
not customarily exposed; or
			(B)  a motor vehicle accident; and                                    
		(2)  the survivor is:                                                         
			(A)  the surviving spouse of the listed 
individual;                        
			(B)  a surviving child of the listed individual, 
if there is no surviving spouse; or
			(C)  a surviving parent of the listed individual, 
if there is no surviving spouse or child.
	SECTION 2.  Section 615.072, Government Code, is amended to 
read as follows: 
	Sec. 615.072.  ELIGIBLE SURVIVORS.  A survivor of an 
individual listed under Section 615.071 is eligible for the health 
insurance benefits provided under this subchapter if:
		(1)  the listed individual died in the course of the 
individual's duty performed in the individual's position as 
described by Section 615.071 as a result of:
			(A)  exposure to a risk:                                              
				(i) [(A)]  that is inherent in the duty; or         
				(ii) [(B)]  to which the general public is 
not customarily exposed; or
			(B)  a motor vehicle accident; and                                    
		(2)  the survivor is:                                                         
			(A)  the surviving spouse of the listed 
individual;  or                    
			(B)  a dependent of the listed individual.                                   
	SECTION 3.  The changes in law made by this Act to Sections 
615.021 and 615.072, Government Code, relating to the death of 
certain public servants, apply only in relation to a death that 
occurs on or after the effective date of this Act. Matters regarding 
eligibility, payment, and benefits under Sections 615.021 and 
615.072, Government Code, in relation to a death that occurs before 
the effective date of this Act, are governed by the law in effect 
when the death occurs, and the former law is continued in effect for 
that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.