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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for and computation of workers' |
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compensation benefits for certain members of the state military. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.104, Government Code, is amended to |
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read as follows: |
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Sec. 431.104. COMPENSATION FOR DEATH OR DISABILITY. [(a)] A |
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member of the state military forces who is killed or disabled while |
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engaged in authorized training or duty is entitled to receive |
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compensation under Chapter 501, Labor Code, regardless of whether |
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the member is a United States citizen. |
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SECTION 2. Section 408.0445(a), Labor Code, is amended to |
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read as follows: |
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(a) For purposes of computing income benefits or death |
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benefits under Section 431.104, Government Code, the average weekly |
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wage of a member of the state military forces as defined by Section |
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431.001, Government Code, who is engaged in authorized training or |
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duty is an amount equal to the sum of the member's regular weekly |
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wage at any employment the member holds in addition to serving as a |
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member of the state military forces, disregarding any period during |
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which the member is not fully compensated for that employment |
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because the member is engaged in authorized military training or |
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duty, and the member's regular weekly wage as a member of the state |
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military forces, except that the amount may not exceed: |
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(1) for income benefits, 100 percent of the state |
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average weekly wage as determined under Section 408.047; or |
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(2) for death benefits, 400 percent of the state |
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average weekly wage as determined under Section 408.047. |
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SECTION 3. The change in law made by this Act to Section |
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408.0445(a), Labor Code, applies only to a claim for workers' |
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compensation benefits based on a compensable injury that occurs on |
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or after the effective date of this Act. A claim based on a |
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compensable injury that occurs before that date is governed by the |
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law in effect on the date the compensable injury occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |