Amend CSSB 1811 (senate committee report) by adding the following appropriately numbered article to the bill and renumbering subsequent articles of the bill as appropriate:
ARTICLE __. BENEFITS FOR SURVIVORS OF TEXAS NATIONAL GUARD MEMBERS
SECTION ____.01. Subtitle C, Title 4, Government Code, is amended by adding Chapter 437 to read as follows:
CHAPTER 437. BENEFITS FOR SURVIVORS OF TEXAS NATIONAL GUARD MEMBERS
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 Texas National Guard member who died after September 11, 2001, while:
(1) on federal active duty under Title 10, United States Code; or
(2) serving in a named military operation on active duty under state authority in accordance with Title 32, United States Code.
Sec. 437.003. ADDITIONAL BENEFIT. The benefit provided under this chapter is in addition to any other benefit provided under state or federal law.
[Sections 437.004-437.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION OF CHAPTER
Sec. 437.051. ADJUTANT GENERAL. The adjutant general shall administer this chapter for the payment of benefits to eligible survivors of Texas National Guard members.
Sec. 437.052. RULES. The 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.
Sec. 437.053. GIFTS; GRANTS. The adjutant general may accept gifts and grants to make payments under this chapter.
Sec. 437.054. CERTIFICATION TO COMPTROLLER. The adjutant general shall certify to the comptroller:
(1) the name of each eligible survivor who will be paid a benefit under this chapter; and
(2) the amount of the benefit to be paid to each eligible survivor under this chapter from funds specifically appropriated to the adjutant general for that purpose.
[Sections 437.055-437.100 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 Texas National Guard member's group life insurance program under 38 U.S.C. Section 1965 et seq.
(c) If there is not a beneficiary for the Texas National Guard member under Subsection (b), the eligible survivors are the heirs.
Sec. 437.102. PAYMENT TO ELIGIBLE SURVIVOR. (a) The state shall pay $250,000 to the eligible survivor of a Texas National Guard member or the appropriate pro rata portion of that amount to the eligible survivors of the member. The state shall pay the benefits in two equal installments.
(b) The state is required to make payments under this section only to the extent that the legislature specifically appropriates money for that purpose.
Sec. 437.103. APPLICATION FOR BENEFITS. An eligible survivor must apply for benefits in accordance with rules adopted under this chapter.
SECTION ____.02. This article takes effect immediately if this Act 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 article takes effect September 1, 2011.