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79R8432 MXM-D
By: Riddle H.B. No. 3224
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas service members memorial fund
and the use of other sources of money to provide benefits to
survivors of certain members of the United States armed forces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Service
Members Memorial Fund Act.
SECTION 2. Subtitle C, Title 4, Government Code, is amended
by adding Chapter 437 to read as follows:
CHAPTER 437. BENEFITS FOR SURVIVORS OF
CERTAIN MILITARY VETERANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 437.001. DEFINITION. In this chapter, "eligible
survivor" means a person eligible to receive benefits under this
chapter.
Sec. 437.002. APPLICABILITY. This chapter applies only to
eligible survivors of a member of the United States armed forces or
Texas National Guard who:
(1) joined the armed forces or national guard while
residing in Texas; and
(2) died after September 11, 2001, and before August
1, 2007, while receiving hazardous duty pay.
Sec. 437.003. EXPIRATION OF CHAPTER. This chapter expires
May 31, 2008.
[Sections 437.004-437.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION OF CHAPTER
Sec. 437.051. COMPTROLLER. (a) Except as provided by
Section 437.052, the comptroller shall administer this chapter,
including payment of benefits.
(b) The comptroller shall prescribe forms necessary to
administer this chapter.
Sec. 437.052. ADJUTANT GENERAL. The adjutant general shall
administer this chapter for the payment of benefits to eligible
survivors of Texas National Guard members.
Sec. 437.053. RULES. The comptroller and adjutant general
shall adopt rules to administer this chapter, including rules and
procedures for making and proving a claim, appealing decisions, and
receiving benefits under this chapter.
[Sections 437.054-437.100 reserved for expansion]
SUBCHAPTER C. PAYMENTS TO ELIGIBLE SURVIVORS
Sec. 437.101. ELIGIBILITY. (a) In this section, "heirs"
has the meaning assigned by Section 3, Texas Probate Code.
(b) An eligible survivor is a person designated as a
beneficiary on the deceased individual's group life insurance
program under 38 U.S.C. Section 1965 et seq. If a beneficiary for
that individual is not listed on the policy, the eligible survivors
are the heirs.
Sec. 437.102. 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. 437.103. APPLICATION FOR AND PAYMENT OF BENEFITS. An
eligible survivor must apply for benefits in accordance with this
chapter before September 1, 2007.
SECTION 3. Subchapter G, Chapter 504, Transportation Code,
is amended by adding Section 504.658 to read as follows:
Sec. 504.658. SUPPORT OUR TROOPS PLATES. (a) The
department shall issue specialty license plates that include the
words "Support Our Troops" and depict a yellow ribbon.
(b) The department shall charge $43 for the issuance of a
license plate under this section, or another amount the department
determines is reasonable and necessary to pay the department's
administrative costs and to comply with Subsection (c).
(c) Of each fee collected under this section, the department
shall deposit $35 to the credit of the Texas service members
memorial fund. The memorial fund is an account in the general
revenue fund. Money in the account may be used only to pay benefits
under Chapter 437, Government Code.
(d) This section expires May 31, 2008.
SECTION 4. Section 466.408, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) 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
second highest priority in distribution of the money is to pay
benefits under Chapter 437. This subsection:
(1) controls over Subsections (b)(2) and (3); and
(2) expires May 31, 2008.
SECTION 5. Section 222.001, Transportation Code, is amended
to read as follows:
Sec. 222.001. USE OF STATE HIGHWAY FUND. (a) Money that is
required to be used for public roadways by the Texas Constitution or
federal law and that is deposited in the state treasury to the
credit of the state highway fund, including money deposited to the
credit of the state highway fund under Title 23, United States Code,
may be used only:
(1) to improve the state highway system;
(2) to mitigate adverse environmental effects that
result directly from construction or maintenance of a state highway
by the department; or
(3) by the Department of Public Safety to police the
state highway system and to administer state laws relating to
traffic and safety on public roads.
(b) Except as prohibited by the Texas Constitution or
federal law, the state highway fund shall be used to pay benefits
under Chapter 437, Government Code, to the extent that license
plate fees under Section 504.658 of this code and unclaimed lottery
prizes under Section 466.408, Government Code, are insufficient to
pay for the benefits. This subsection controls over Subsection
(a). This subsection expires May 31, 2008.
SECTION 6. 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.