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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for workers' compensation death benefits |
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based on a compensable injury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.182, Labor Code, is amended by |
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adding Subsections (d-1) and (d-2) to read as follows: |
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(d-1) If there is no eligible spouse, no eligible child, and |
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no eligible grandchild, and there are no surviving dependents of |
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the deceased employee who are parents, siblings, or grandparents of |
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the deceased, the death benefits shall be paid in equal shares to |
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surviving eligible parents of the deceased. A payment of death |
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benefits made under this subsection may not exceed one payment per |
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household. |
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(d-2) Except as otherwise provided by this subsection, to |
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be eligible to receive death benefits under Subsection (d-1), an |
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eligible parent must file with the division a claim for those |
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benefits not later than the first anniversary of the date of the |
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injured employee's death from the compensable injury. The |
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commissioner may extend the time for filing a claim under this |
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subsection only if the eligible parent submits proof satisfactory |
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to the commissioner of a compelling reason for the delay. |
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SECTION 2. Section 408.182(f), Labor Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "Eligible parent" means the mother or the father |
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of a deceased employee, including an adoptive parent or a |
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stepparent, who receives burial benefits under Section 408.186. |
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The term does not include a parent whose parental rights have been |
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terminated. |
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SECTION 3. Section 408.183, Labor Code, is amended by |
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adding Subsection (f-1) to read as follows: |
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(f-1) An eligible parent who is not a surviving dependent of |
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the deceased employee is entitled to receive death benefits until |
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the earlier of: |
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(1) the date the eligible parent dies; or |
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(2) the date of the expiration of 104 weeks of death |
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benefit payments. |
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SECTION 4. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law in effect on the date that the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |