BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2823

                                                                                                                                             By: Rose

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Article 56.542, Code of Criminal Procedure, provides for supplemental income payments to peace officers who or disabled in the line of duty from criminal conduct. The Attorney General makes these payments from the Crime Victims Compensation Fund. The law currently requires that these payments be made annually.  Receiving assistance only once a year puts an undue hardship on a disabled peace officer that needs the income to support his or her family. Currently, there is no provision in the law that would allow for payments to be made in equal monthly installments, instead of a single annual payment.

 

As proposed, H.B. 2823 would allow a disabled peace officer to elect to receive disability income payments in a single annual payment or equal monthly installments.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Amends Article 56.542, Code of Criminal Procedure, by adding Subsection (l) which provides that a peace officer who is entitled to an annual payment under Subsection (b) may elect to receive the payment in a single payment paid each year or equal monthly installments.

 

SECTION 2. Provides that the Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house. If the Act does not receive the vote necessary for immediate effect, then the Act takes effect on September 1, 2005.

 

EFFECTIVE DATE

 

This act takes effect upon passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.