79R5180 MXM-F

By:  Flores                                                       H.B. No. 2726



A BILL TO BE ENTITLED

AN ACT

relating to benefits for survivors of certain members of the Texas 
National Guard.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter G, Chapter 431, Government Code, is 
amended by adding Section 431.102 to read as follows:
	Sec. 431.102.  COMPENSATION FOR DEATH IN COMBAT ZONE.  (a)  
In this section, "heirs" has the meaning assigned by Section 3, 
Texas Probate Code.
	(b)  The state shall pay $50,000 to the heirs of a member of 
the Texas National Guard who dies in a combat zone while on federal 
active duty.  If there is more than one surviving heir, the heirs 
are each entitled to a pro rata share of the payment.
	(c)  The adjutant general shall administer this section and 
prescribe forms and adopt rules necessary to implement this 
section, including rules and procedures for making or proving a 
claim and for appealing a decision on a claim.
	SECTION 2.  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.