| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to benefits for certain members of the Texas military |
|
|
forces and survivors of members of the Texas military forces. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Bishop Evans Act. |
|
|
SECTION 2. Section 615.004(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) A finding that assistance is payable to an eligible |
|
|
survivor of an individual listed under Section 615.003 or 615.024 |
|
|
is not a declaration of the cause, nature, or effect of a death for |
|
|
any other purpose. |
|
|
SECTION 3. Section 615.021(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) Payment of assistance may not occur under this |
|
|
subchapter unless an individual is eligible under Subsection (a) or |
|
|
Section 615.024. |
|
|
SECTION 4. Subchapter B, Chapter 615, Government Code, is |
|
|
amended by adding Section 615.024 to read as follows: |
|
|
Sec. 615.024. PAYMENT TO SURVIVORS OF MEMBERS OF TEXAS |
|
|
MILITARY FORCES. (a) In this section, "state active duty" and |
|
|
"Texas military forces" have the meanings assigned by Section |
|
|
437.001. |
|
|
(b) Notwithstanding Section 615.003 or 615.021, a survivor |
|
|
of an individual who is a member of the Texas military forces is |
|
|
eligible for the payment of assistance under this chapter if: |
|
|
(1) the individual died while on state active duty; |
|
|
(2) the Texas Military Department certifies to the |
|
|
Employees Retirement System of Texas that the circumstances of the |
|
|
individual's death entitle an eligible survivor to the payment of |
|
|
assistance under this chapter; and |
|
|
(3) the survivor is: |
|
|
(A) the surviving spouse of the individual; |
|
|
(B) a surviving child of the individual, if there |
|
|
is no surviving spouse; or |
|
|
(C) the surviving parent of the individual, if |
|
|
there is no surviving spouse or child. |
|
|
(c) The Texas Military Department shall adopt rules |
|
|
providing the circumstances under which the death of an individual |
|
|
described by Subsection (b) entitles an eligible survivor to the |
|
|
payment of assistance under this chapter. |
|
|
SECTION 5. Sections 615.045(a), (c), and (d), Government |
|
|
Code, are amended to read as follows: |
|
|
(a) Records of individuals listed by Section 615.003 or |
|
|
described by Section 615.024 and of survivors eligible for benefits |
|
|
under this chapter that are in the custody of the Employees |
|
|
Retirement System of Texas, an administering firm as defined by |
|
|
Section 1551.003, Insurance Code, a carrier as defined by Section |
|
|
1551.007, Insurance Code, or another governmental agency acting |
|
|
with or on behalf of the retirement system are confidential and not |
|
|
subject to public disclosure, and the retirement system, |
|
|
administering firm, carrier, or governmental agency is not required |
|
|
to accept or comply with a request for a record or information about |
|
|
a record or to seek an opinion from the attorney general, because |
|
|
the records are exempt from the provisions of Chapter 552, except as |
|
|
otherwise provided by this section. |
|
|
(c) The records of individuals listed by Section 615.003 or |
|
|
described by Section 615.024 and of eligible survivors remain |
|
|
confidential after release to a person as authorized by this |
|
|
section. The records of individuals listed by Section 615.003 or |
|
|
described by Section 615.024 and of eligible survivors may become |
|
|
part of the public record of an administrative or judicial |
|
|
proceeding related to an appeal filed under this chapter, unless |
|
|
the records are closed to public access by a protective order issued |
|
|
under applicable law. |
|
|
(d) The retirement system has sole discretion in |
|
|
determining whether a record is subject to this section. For |
|
|
purposes of this section, a record includes any identifying |
|
|
information about any person, living or deceased, who is or was: |
|
|
(1) an individual listed in Section 615.003 or |
|
|
described by Section 615.024; or |
|
|
(2) a survivor, heir, or beneficiary of an individual |
|
|
listed in Section 615.003 or described by Section 615.024. |
|
|
SECTION 6. Subchapter C, Chapter 401, Labor Code, is |
|
|
amended by adding Section 401.027 to read as follows: |
|
|
Sec. 401.027. APPLICABILITY TO CERTAIN MEMBERS OF TEXAS |
|
|
MILITARY FORCES. (a) In this section, "state active duty" and |
|
|
"Texas military forces" have the meanings assigned by Section |
|
|
437.001, Government Code. |
|
|
(b) For purposes of this subtitle, the travel of a member of |
|
|
the Texas military forces to or from the member's duty location is |
|
|
considered to be in the course and scope of the member's employment. |
|
|
SECTION 7. Section 501.001, Labor Code, is amended by |
|
|
adding Subdivisions (5-a) and (6-a) to read as follows: |
|
|
(5-a) "Post-traumatic stress disorder" has the |
|
|
meaning assigned by Section 504.019. |
|
|
(6-a) "State active duty" and "Texas military forces" |
|
|
have the meanings assigned by Section 437.001, Government Code. |
|
|
SECTION 8. Subchapter B, Chapter 501, Labor Code, is |
|
|
amended by adding Sections 501.027, 501.028, and 501.029 to read as |
|
|
follows: |
|
|
Sec. 501.027. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
|
|
FOR MEMBERS OF TEXAS MILITARY FORCES. (a) Post-traumatic stress |
|
|
disorder suffered by a member of the Texas military forces on state |
|
|
active duty is a compensable injury under this subtitle only if it |
|
|
is based on a diagnosis that: |
|
|
(1) the disorder is caused by one or more events |
|
|
occurring in the course and scope of the member's state active duty; |
|
|
and |
|
|
(2) the preponderance of evidence indicates that the |
|
|
event or events were a producing cause of the disorder. |
|
|
(b) For purposes of this subtitle, the date of injury for |
|
|
post-traumatic stress disorder suffered by a member of the Texas |
|
|
military forces is the date on which the member knew or should have |
|
|
known that the disorder may be related to the member's state active |
|
|
duty. |
|
|
Sec. 501.028. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR |
|
|
CERTAIN INJURIES SUSTAINED BY CERTAIN MEMBERS OF TEXAS MILITARY |
|
|
FORCES ON STATE ACTIVE DUTY. (a) This section applies only to a |
|
|
member of the Texas military forces who sustains a serious bodily |
|
|
injury, as defined by Section 1.07, Penal Code, on state active |
|
|
duty. |
|
|
(b) An insurance carrier shall accelerate and give priority |
|
|
to a claim for medical benefits by a member of the Texas military |
|
|
forces to which this section applies, including all health care |
|
|
required to cure or relieve the effects naturally resulting from a |
|
|
compensable injury described by Subsection (a). |
|
|
(c) The division shall accelerate, under rules adopted by |
|
|
the commissioner of workers' compensation, a contested case hearing |
|
|
requested by or an appeal submitted by a member of the Texas |
|
|
military forces to which this section applies regarding the denial |
|
|
of a claim for medical benefits, including all health care required |
|
|
to cure or relieve the effects naturally resulting from a |
|
|
compensable injury described by Subsection (a). The member shall |
|
|
provide notice to the division and independent review organization |
|
|
that the contested case or appeal involves a member of the Texas |
|
|
military forces. |
|
|
Sec. 501.029. INTENT OF EXPEDITED PROVISION OF MEDICAL |
|
|
BENEFITS FOR CERTAIN INJURIES SUSTAINED BY CERTAIN MEMBERS OF TEXAS |
|
|
MILITARY FORCES. The purpose of Section 501.028 is to ensure that a |
|
|
claim for medical benefits by an injured member of the Texas |
|
|
military forces to which this section applies is accelerated by an |
|
|
insurance carrier to the full extent authorized by current law. |
|
|
SECTION 9. (a) The changes in law made by this Act to |
|
|
Chapter 615, Government Code, relating to the death of a member of |
|
|
the Texas military forces applies only to a death that occurs on or |
|
|
after the effective date of this Act. The death of a member of the |
|
|
Texas military forces that occurs before the effective date of this |
|
|
Act is governed by the law in effect on the date the death occurred, |
|
|
and the former law is continued in effect for that purpose. |
|
|
(b) The changes in law made by this Act relating to a claim |
|
|
for workers' compensation benefits by a member of the Texas |
|
|
military forces apply 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 in effect on the |
|
|
date that the compensable injury occurred, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 10. This Act takes effect September 1, 2023. |