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79R3569 KSD-D

By:  McReynolds                                                   H.B. No. 1333



A BILL TO BE ENTITLED

AN ACT

relating to the provision of state death benefits to certain 
employees of the Texas Forest Service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 615.003, Government Code, is amended to 
read as follows: 
	Sec. 615.003.  APPLICABILITY. 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; or                     
		(15)  an employee of the Texas Forest Service who:                     
			(A)  is assigned fire-fighting, fire-prevention, 
rescue, or incident management duties; and
			(B)  meets or is scheduled to meet the applicable 
qualifications and training guidelines established by the National 
Wildfire Coordinating Group for the performance of the employee's 
assigned duties.
	SECTION 2.  The change in law made by this Act relating to 
the death of certain employees of the Texas Forest Service applies 
only in relation to a death that occurs on or after the effective 
date of this Act.  Matters regarding eligibility, payment, and 
benefits under Chapter 615, 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 3.  This Act takes effect September 1, 2005.