|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the provision of state death benefits to certain |
|
federal law enforcement officers and special agents who assist |
|
state and local law enforcement agencies in this state. |
|
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) a federal law enforcement officer or special |
|
agent, including a special investigator under Article 2.122, Code |
|
of Criminal Procedure, who is performing duties in this state to |
|
assist a state or local law enforcement agency of this state. |
|
SECTION 2. The change in law made by this Act relating to |
|
the death of certain federal law enforcement officers or special |
|
agents 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, 2007. |