79R5047 MXM-D

By:  Goolsby                                                      H.B. No. 865


A BILL TO BE ENTITLED
AN ACT
relating to benefits for survivors of certain members of the United States armed forces. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 466.408(b), Government Code, is amended to read as follows: (b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority: (1) payment of benefits under Subchapter G, Chapter 615; (2) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to or appropriated from the [Texas] Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund; (3) [(2)] not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services; and (4) [(3)] all prize money subject to this section and not appropriated [from the Texas Department of Health state-owned multicategorical teaching hospital account or not appropriated to the Health and Human Services Commission] for a [the] purpose specified in Subdivisions (1)-(3) [Subdivision (2)] shall be deposited in the general revenue fund and may be appropriated for any purpose as determined by the legislature, including the provision of indigent health care services as specified in Chapter 61, Health and Safety Code. SECTION 2. Section 481.078, Government Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows: (c) Except as provided by Subsections (c-1) and [Subsection] (d), the fund may be used only for economic development, infrastructure development, community development, job training programs, and business incentives. (c-1) The fund shall be used to pay benefits under Subchapter G, Chapter 615, to the extent that unclaimed lottery prizes under Section 466.408 are insufficient to pay for the benefits. SECTION 3. Section 615.003, Government Code, is amended to read as follows: Sec. 615.003. APPLICABILITY. (a) This chapter applies only to eligible survivors of the following individuals: (1) an individual elected, appointed, or employed as a peace officer by the state or a political subdivision of the state under Article 2.12, Code of Criminal Procedure, or other law; (2) a paid probation officer appointed by the director of a community supervision and corrections department who has the duties set out in Section 76.002 and the qualifications set out in Section 76.005, or who was appointed in accordance with prior law; (3) a parole officer employed by the pardons and paroles division of the Texas Department of Criminal Justice who has the duties set out in Section 508.001 and the qualifications set out in Section 508.113 or in prior law; (4) a paid jailer; (5) a member of an organized police reserve or auxiliary unit who regularly assists peace officers in enforcing criminal laws; (6) a member of the class of employees of the institutional division or the state jail division of the Texas Department of Criminal Justice formally designated as custodial personnel under Section 615.006 by the Texas Board of Criminal Justice or its predecessor in function; (7) a jailer or guard of a county jail who is appointed by the sheriff and who: (A) performs a security, custodial, or supervisory function over the admittance, confinement, or discharge of prisoners; and (B) is certified by the Commission on Law Enforcement Officer Standards and Education; (8) a juvenile correctional employee of the Texas Youth Commission; (9) an employee of the [Texas] Department of State Health Services or the Department of Aging and Disability Services [Mental Health and Mental Retardation] who: (A) works at the Department of State Health Services' [department's] maximum security unit; or (B) performs on-site services for the Texas Department of Criminal Justice; (10) an individual who is employed by the state or a political or legal subdivision and is subject to certification by the Texas Commission on Fire Protection; (11) an individual employed by the state or a political or legal subdivision whose principal duties are aircraft crash and rescue fire fighting; (12) a member of an organized volunteer fire-fighting unit that: (A) renders fire-fighting services without remuneration; and (B) conducts a minimum of two drills each month, each two hours long; (13) an individual who: (A) performs emergency medical services or operates an ambulance; (B) is employed by a political subdivision of the state or is an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code; and (C) is qualified as an emergency care attendant or at a higher level of training under Section 773.046, 773.047, 773.048, 773.049, or 773.0495, Health and Safety Code; or (14) an individual who is employed or formally designated as a chaplain for: (A) an organized volunteer fire-fighting unit or other fire department of this state or of a political subdivision of this state; (B) a law enforcement agency of this state or of a political subdivision of this state; or (C) the Texas Department of Criminal Justice. (b) In addition to eligible survivors of individuals described by Subsection (a), this chapter applies as provided by Subchapter G to eligible survivors of an individual who is a resident of this state and a member of the United States armed forces serving in Iraq or Afghanistan. SECTION 4. Chapter 615, Government Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. BENEFITS FOR SURVIVORS OF
CERTAIN MILITARY VETERANS
Sec. 615.151. DEFINITION. For purposes of this subchapter, "eligible survivor" means a person designated as a beneficiary of a deceased individual's military life insurance policy. Sec. 615.152. APPLICABILITY. This subchapter applies only to eligible survivors of an individual described by Section 615.003(b) who died in the line of duty in Afghanistan or Iraq after September 11, 2001. Sec. 615.153. PAYMENT TO ELIGIBLE SURVIVOR. The state shall pay $50,000 to the eligible survivor of an individual or the appropriate pro rata portion of that amount to the eligible survivors of the individual. Sec. 615.154. APPLICATION FOR AND PAYMENT OF BENEFITS. The board of trustees of the Employees Retirement System of Texas shall adopt rules, based to the extent applicable on Subchapter C and rules and procedures adopted under Subchapter C, for making and proving a claim and receiving benefits under this subchapter. Sec. 615.155. LIMITED BENEFITS. An eligible survivor of an individual described by Section 615.003(b) is not eligible for any other benefits under this chapter unless the survivor is otherwise eligible as a survivor of an individual described by Section 615.003(a). SECTION 5. 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, 2005.