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A BILL TO BE ENTITLED
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AN ACT
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relating to death benefits for the survivors of certain members of |
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the Texas National Guard. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Government Code, is amended |
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by adding Chapter 437 to read as follows: |
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CHAPTER 437. BENEFITS FOR SURVIVORS OF TEXAS NATIONAL GUARD |
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MEMBERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 437.001. DEFINITION. In this chapter, "eligible |
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survivor" means a person eligible to receive benefits under this |
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chapter. |
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Sec. 437.002. APPLICABILITY. This chapter applies only to |
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eligible survivors of a member of the Texas National Guard who died |
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after September 11, 2001, while: |
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(1) on federal active duty under Title 10, United |
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States Code; or |
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(2) serving in a named military operation on active |
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duty under state authority in accordance with Title 32, United |
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States Code. |
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Sec. 437.003. ADDITIONAL BENEFIT. The benefit provided |
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under this chapter is in addition to any other benefit provided |
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under state or federal law. |
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[Sections 437.004-437.050 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATION OF CHAPTER |
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Sec. 437.051. ADJUTANT GENERAL. The adjutant general shall |
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administer this chapter for the payment of benefits to eligible |
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survivors of Texas National Guard members. |
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Sec. 437.052. RULES. The adjutant general shall adopt |
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rules to administer this chapter, including rules and procedures |
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for making and proving a claim, appealing decisions, and receiving |
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benefits under this chapter. |
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Sec. 437.053. GIFTS; GRANTS. The adjutant general may |
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accept gifts and grants to make payments under this chapter. |
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Sec. 437.054. CERTIFICATION TO COMPTROLLER. The adjutant |
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general shall certify to the comptroller: |
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(1) the name of each eligible survivor who will be paid |
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a benefit under this chapter; and |
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(2) the amount of the benefit under this chapter that |
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each eligible survivor will be paid from funds specifically |
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appropriated to the adjutant general for that purpose. |
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[Sections 437.055-437.100 reserved for expansion] |
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SUBCHAPTER C. PAYMENTS TO ELIGIBLE SURVIVORS |
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Sec. 437.101. ELIGIBILITY. (a) In this section, "heirs" |
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has the meaning assigned by Section 3, Texas Probate Code. |
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(b) An eligible survivor is a person designated as a |
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beneficiary on the deceased individual's group life insurance |
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program under 38 U.S.C. Section 1965 et seq. |
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(c) If there is not a beneficiary for the individual under |
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Subsection (b), the eligible survivors are the heirs. |
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Sec. 437.102. PAYMENT TO ELIGIBLE SURVIVOR. (a) The state |
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shall pay $250,000 to the eligible survivor of an individual or the |
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appropriate pro rata portion of that amount to the eligible |
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survivors of the individual. The state shall pay the benefits in |
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two equal installments. |
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(b) The state is required to make payments under this |
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section only to the extent that the legislature specifically |
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appropriates money for that purpose. |
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Sec. 437.103. APPLICATION FOR BENEFITS. An eligible |
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survivor must apply for benefits in accordance with rules adopted |
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under this chapter. |
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SECTION 2. This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |