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  84R10750 JSC-D
 
  By: Fallon H.B. No. 3652
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the workers' compensation death benefits paid to the
  beneficiaries of certain state service members killed in the line
  of duty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.181(b), Labor Code, is amended to
  read as follows:
         (b)  Subject to Sections [Section] 408.061 and 408.1811, the
  amount of a death benefit is equal to 75 percent of the employee's
  average weekly wage.
         SECTION 2.  Subchapter J, Chapter 408, Labor Code, is
  amended by adding Section 408.1811 to read as follows:
         Sec. 408.1811.  ADDITIONAL LUMP-SUM PAYMENT TO
  BENEFICIARIES OF TEXAS MILITARY FORCES. (a) In this section,
  "state militia member" means a member of the state militia, as
  defined by Section 431.001, Government Code.
         (b)  In addition to any other benefits to which a beneficiary
  is entitled under this subchapter, the insurance carrier shall pay
  an additional $100,000 to the beneficiary of a state militia member
  killed while:
               (1)  on state active duty;
               (2)  on state training or other duty; or
               (3)  traveling to or from the member's duty location.
         SECTION 3.  The change in law made by this Act 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 4.  This Act takes effect September 1, 2015.