By: Geren, Kacal, Tinderholt, Martinez, H.B. No. 1094

Herrero, et al.

A BILL TO BE ENTITLED

AN ACT

relating to certain death benefits for survivors of certain law enforcement officers, firefighters, and others killed in the line of duty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 615.022, Government Code, is amended to read as follows:

Sec. 615.022. PAYMENT TO SURVIVORS. (a) If there is an eligible surviving spouse, the state shall pay $500,000 [$250,000] to the eligible surviving spouse.

(b) If there is no eligible surviving spouse, the state shall pay $500,000 [$250,000] in equal shares to surviving children.

(c) If there is no eligible surviving spouse or child, the state shall pay $500,000 [$250,000] in equal shares to surviving parents.

SECTION 2. Sections 615.023(a) and (b), Government Code, are amended to read as follows:

(a) The state shall pay to the duly appointed or qualified guardian or other legal representative of an eligible surviving minor child:

(1) $400 [$200] each month, if there is one surviving child;

(2) $600 [$300] each month, if there are two surviving children; or

(3) $800 [$400] each month, if there are three or more surviving children.

(b) A child's entitlement to assistance payable under this section ends on the last day of the month that includes the child's 18th birthday. At that time, payments to any other surviving minor children shall be adjusted, as necessary, to conform to the amounts payable under Subsection (a).

SECTION 3. Section 408.183, Labor Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) Notwithstanding Subsection (b), an eligible spouse who remarried is eligible for death benefits for life if the employee was a first responder, as defined by Section 504.055, who suffered death in the course and scope of employment or while providing services as a volunteer.

SECTION 4. The changes in law made by this Act to Sections 615.022 and 615.023, Government Code, apply in relation to a payment of assistance made to survivors of certain public servants on or after the effective date of this Act regardless of the date the death of the public servant occurs.

SECTION 5. The change in law made by this Act to Section 408.183, Labor Code, applies only to a claim for workers' compensation benefits based on a compensable injury that occurs on or after the effective date of this Act. A claim based on a compensable injury that occurs before that date is governed by the law as it existed on the date the compensable injury occurred, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2015.