78R4245 YDB-F

By:  Staples                                                      S.B. No. 728



A BILL TO BE ENTITLED

AN ACT

relating to the benefits provided to the survivors of certain 
public employees killed in the line of duty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 615.021, Government Code, is amended by 
amending Subsections (a) and (c) and adding Subsections (d) and (e) 
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 as a result of a 
personal injury sustained in the line of duty [in the course of the 
individual's duty performed] in the individual's position as 
described by Section 615.003 [as a result of exposure to a risk:
			[(A)  that is inherent in the duty; or                      
			[(B)  to which the general public is not 
customarily exposed]; 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.
	(c)  An individual employed by the state or a political or 
legal subdivision who is subject to certification by the Texas 
Commission on Fire Protection or whose principal duties are 
aircraft crash and rescue fire fighting is considered to have died 
as a result of a personal injury sustained in the line of [in the 
course of performing the individual's] duty in the individual's 
position as described by Section 615.003 [as a result of exposure to 
a risk that is inherent in the duty or to which the general public is 
not customarily exposed] if the individual died while actually 
performing an activity that the individual was certified to perform 
by the Texas Commission on Fire Protection, without regard to 
whether the individual was actually performing the activity during 
the individual's compensable hours at work.
	(d)  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, any reasonable doubt arising from 
the circumstances of the individual's death shall be resolved in 
favor of the payment of assistance to the survivor.
	(e)  In this section:                                                   
		(1)  "Personal injury" means a traumatic injury or a 
disease caused by or resulting from a traumatic injury.
		(2)  "Line of duty" means an action an individual 
listed under Section 615.003 is required or authorized by rule, 
condition of employment, or law to perform.  The term includes an 
action by the individual at a social, ceremonial, or athletic 
function to which the individual is assigned by the individual's 
employer.
	SECTION 2.  Section 811.001, Government Code, is amended by 
amending Subdivision (12) and adding Subdivision (12-a) to read as 
follows:
		(12)  "Occupational [death or] disability" means 
[death or] disability from an injury or disease that directly 
results from a specific act or occurrence determinable by a 
definite time and place, and directly results from a risk or a 
hazard peculiar to and inherent in a duty that arises from and in 
the course of state employment.
		(12-a)  "Occupational death" means death from an injury 
or disease that directly results from any action a person is 
required or authorized by rule, condition of employment, or law to 
perform.  The term includes an action performed by the person at a 
social, ceremonial, or athletic function to which the person is 
assigned by the person's employer.
	SECTION 3.  The changes in law made by this Act to Sections 
615.021 and 811.001, 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 811.001, 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 September 1, 2003.