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A BILL TO BE ENTITLED
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AN ACT
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relating to claims for financial assistance for survivors of |
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certain public employees killed in the line of duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 615.041, Government Code, is amended to |
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read as follows: |
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Sec. 615.041. CONSIDERATION AND DETERMINATION [PROOF] OF |
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CLAIM; COMPELLED COMPLIANCE. (a) As soon as practicable after |
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the death of an individual listed under Section 615.003 that occurs |
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in the performance of duties in the individual's position as |
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described by Section 615.003 or as a result of an action that occurs |
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while the individual is performing those duties [is claimed to meet
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the requirements of Section 615.021(1)], the individual's |
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employing entity shall furnish to the board of trustees of the |
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Employees Retirement System of Texas proof of the death in the form |
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and with additional evidence and information required by the board. |
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(b) The board of trustees shall consider the proof, |
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evidence, and information provided under Subsection (a) and |
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determine whether the individual's death satisfies the eligibility |
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requirements established under Section 615.021(a)(1) and justifies |
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the payment of assistance to the individual's eligible survivors |
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under this chapter. |
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(c) If the individual's employing entity fails to comply |
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with Subsection (a), the attorney general may use any means |
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authorized by law, including filing suit for a writ of mandamus |
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against the employer, to compel the employer's compliance with this |
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section. |
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SECTION 2. Section 615.041, Government Code, as amended by |
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this Act, applies to the payment of assistance in connection with a |
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death that occurs on or after the effective date of this Act. The |
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payment of assistance in connection with a death that occurs before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |