By: Patterson, et al. (Senate Sponsor - Huffman) H.B. No. 90
         (In the Senate - Received from the House April 12, 2023;
  April 13, 2023, read first time and referred to Committee on
  Finance; May 17, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 16, Nays 1;
  May 17, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 90 By:  Huffman
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         HuffmanX
         HinojosaX
         BettencourtX
         CampbellX
         CreightonX
         FloresX
         HallX
         HancockX
         HughesX
         KolkhorstX
         NicholsX
         PaxtonX
         PerryX
         SchwertnerX
         WestX
         WhitmireX
         ZaffiriniX
 
 
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.  Subchapter C, Chapter 56B, Code of Criminal
  Procedure, is amended by adding Section 56B.109 to read as follows:
         Sec. 56B.109.  COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS
  OF TEXAS MILITARY FORCES. (a)  In this section, "state active
  duty," "Texas military forces," and "Texas National Guard" have the
  meanings assigned by Section 437.001, Government Code.
         (b)  The attorney general shall award a lump sum payment in
  accordance with Subsection (c) to a claimant on behalf of an
  individual who is a victim of border crime and a member of the Texas
  military forces if:
               (1)  the individual died on or after March 6, 2021, but
  before September 1, 2023, while on state active duty;
               (2)  the individual's death was in connection with
  operations initiated to address criminal activity in the border
  region; and
               (3)  the claimant is:
                     (A)  if the individual is a member of the Texas
  National Guard, a beneficiary designated by the individual on the
  individual's United States Department of Defense Form DD-93; or
                     (B)  if the individual is not a member of the Texas
  National Guard or there is no beneficiary described by Paragraph
  (A): 
                           (i)  the surviving spouse of the individual; 
                           (ii)  a surviving child of the individual,
  if there is no surviving spouse; or 
                           (iii)  the surviving parent of the
  individual, if there is no surviving spouse or child.
         (c)  For purposes of Subsection (b), the lump sum payment
  amount payable to an eligible claimant is:
               (1)  if there is a claimant described by Subsection
  (b)(3)(A) or (B)(i), $500,000 paid to the claimant; or
               (2)  if there is no claimant described by Subsection
  (b)(3)(A) or (B)(i), $500,000, in equal shares:
                     (A)  paid to each claimant described by Subsection
  (b)(3)(B)(ii); or
                     (B)  paid to each claimant described by Subsection
  (b)(3)(B)(iii) if there is no claimant described by Subsection
  (b)(3)(B)(ii).
         (d)  This section may not be construed to limit the
  assistance or compensation a claimant may otherwise receive under
  this chapter. 
         (e)  For purposes of this section, a beneficiary designated
  by an individual on the individual's United States Department of
  Defense Form DD-93 is a "claimant."
         SECTION 3.  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 4.  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 5.  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," "Texas
  military forces," and "Texas National Guard" 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 to receive a lump sum payment described by Section 615.022
  and monthly assistance described by Section 615.023, as applicable,
  which are the exclusive benefits available 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)  if the individual is a member of the Texas
  National Guard, a beneficiary designated by the individual on the
  individual's United States Department of Defense Form DD-93; or 
                     (B)  if the individual is not a member of the Texas
  National Guard or there is no beneficiary described by Paragraph
  (A):
                           (i)  the surviving spouse of the individual;
                           (ii)  a surviving child of the individual,
  if there is no surviving spouse; or 
                           (iii)  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 6.  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 7.  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," "state
  training and other 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
  while serving on state active duty and engaged in authorized duty
  under written orders or while on state training and other duty is
  considered to be in the course and scope of the member's employment.
         SECTION 8.  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 9.  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 10.  (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.  For purposes of that chapter,
  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 11.  This Act takes effect September 1, 2023.
 
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