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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HuffmanX |
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HinojosaX |
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BettencourtX |
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CampbellX |
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CreightonX |
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FloresX |
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HallX |
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HancockX |
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HughesX |
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KolkhorstX |
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NicholsX |
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PaxtonX |
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PerryX |
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SchwertnerX |
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WestX |
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WhitmireX |
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ZaffiriniX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to benefits for certain members of the Texas military |
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forces and survivors of members of the Texas military forces. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Bishop Evans Act. |
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SECTION 2. Subchapter C, Chapter 56B, Code of Criminal |
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Procedure, is amended by adding Section 56B.109 to read as follows: |
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Sec. 56B.109. COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS |
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OF TEXAS MILITARY FORCES. (a) In this section, "state active |
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duty," "Texas military forces," and "Texas National Guard" have the |
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meanings assigned by Section 437.001, Government Code. |
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(b) The attorney general shall award a lump sum payment in |
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accordance with Subsection (c) to a claimant on behalf of an |
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individual who is a victim of border crime and a member of the Texas |
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military forces if: |
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(1) the individual died on or after March 6, 2021, but |
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before September 1, 2023, while on state active duty; |
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(2) the individual's death was in connection with |
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operations initiated to address criminal activity in the border |
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region; and |
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(3) the claimant is: |
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(A) if the individual is a member of the Texas |
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National Guard, a beneficiary designated by the individual on the |
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individual's United States Department of Defense Form DD-93; or |
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(B) if the individual is not a member of the Texas |
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National Guard or there is no beneficiary described by Paragraph |
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(A): |
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(i) the surviving spouse of the individual; |
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(ii) a surviving child of the individual, |
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if there is no surviving spouse; or |
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(iii) the surviving parent of the |
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individual, if there is no surviving spouse or child. |
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(c) For purposes of Subsection (b), the lump sum payment |
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amount payable to an eligible claimant is: |
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(1) if there is a claimant described by Subsection |
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(b)(3)(A) or (B)(i), $500,000 paid to the claimant; or |
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(2) if there is no claimant described by Subsection |
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(b)(3)(A) or (B)(i), $500,000, in equal shares: |
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(A) paid to each claimant described by Subsection |
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(b)(3)(B)(ii); or |
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(B) paid to each claimant described by Subsection |
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(b)(3)(B)(iii) if there is no claimant described by Subsection |
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(b)(3)(B)(ii). |
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(d) This section may not be construed to limit the |
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assistance or compensation a claimant may otherwise receive under |
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this chapter. |
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(e) For purposes of this section, a beneficiary designated |
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by an individual on the individual's United States Department of |
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Defense Form DD-93 is a "claimant." |
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SECTION 3. Section 615.004(a), Government Code, is amended |
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to read as follows: |
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(a) A finding that assistance is payable to an eligible |
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survivor of an individual listed under Section 615.003 or 615.024 |
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is not a declaration of the cause, nature, or effect of a death for |
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any other purpose. |
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SECTION 4. Section 615.021(b), Government Code, is amended |
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to read as follows: |
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(b) Payment of assistance may not occur under this |
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subchapter unless an individual is eligible under Subsection (a) or |
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Section 615.024. |
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SECTION 5. Subchapter B, Chapter 615, Government Code, is |
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amended by adding Section 615.024 to read as follows: |
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Sec. 615.024. PAYMENT TO SURVIVORS OF MEMBERS OF TEXAS |
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MILITARY FORCES. (a) In this section, "state active duty," "Texas |
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military forces," and "Texas National Guard" have the meanings |
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assigned by Section 437.001. |
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(b) Notwithstanding Section 615.003 or 615.021, a survivor |
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of an individual who is a member of the Texas military forces is |
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eligible to receive a lump sum payment described by Section 615.022 |
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and monthly assistance described by Section 615.023, as applicable, |
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which are the exclusive benefits available under this chapter, if: |
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(1) the individual died while on state active duty; |
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(2) the Texas Military Department certifies to the |
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Employees Retirement System of Texas that the circumstances of the |
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individual's death entitle an eligible survivor to the payment of |
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assistance under this chapter; and |
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(3) the survivor is: |
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(A) if the individual is a member of the Texas |
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National Guard, a beneficiary designated by the individual on the |
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individual's United States Department of Defense Form DD-93; or |
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(B) if the individual is not a member of the Texas |
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National Guard or there is no beneficiary described by Paragraph |
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(A): |
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(i) the surviving spouse of the individual; |
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(ii) a surviving child of the individual, |
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if there is no surviving spouse; or |
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(iii) the surviving parent of the |
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individual, if there is no surviving spouse or child. |
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(c) The Texas Military Department shall adopt rules |
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providing the circumstances under which the death of an individual |
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described by Subsection (b) entitles an eligible survivor to the |
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payment of assistance under this chapter. |
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SECTION 6. Sections 615.045(a), (c), and (d), Government |
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Code, are amended to read as follows: |
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(a) Records of individuals listed by Section 615.003 or |
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described by Section 615.024 and of survivors eligible for benefits |
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under this chapter that are in the custody of the Employees |
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Retirement System of Texas, an administering firm as defined by |
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Section 1551.003, Insurance Code, a carrier as defined by Section |
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1551.007, Insurance Code, or another governmental agency acting |
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with or on behalf of the retirement system are confidential and not |
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subject to public disclosure, and the retirement system, |
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administering firm, carrier, or governmental agency is not required |
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to accept or comply with a request for a record or information about |
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a record or to seek an opinion from the attorney general, because |
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the records are exempt from the provisions of Chapter 552, except as |
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otherwise provided by this section. |
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(c) The records of individuals listed by Section 615.003 or |
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described by Section 615.024 and of eligible survivors remain |
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confidential after release to a person as authorized by this |
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section. The records of individuals listed by Section 615.003 or |
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described by Section 615.024 and of eligible survivors may become |
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part of the public record of an administrative or judicial |
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proceeding related to an appeal filed under this chapter, unless |
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the records are closed to public access by a protective order issued |
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under applicable law. |
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(d) The retirement system has sole discretion in |
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determining whether a record is subject to this section. For |
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purposes of this section, a record includes any identifying |
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information about any person, living or deceased, who is or was: |
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(1) an individual listed in Section 615.003 or |
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described by Section 615.024; or |
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(2) a survivor, heir, or beneficiary of an individual |
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listed in Section 615.003 or described by Section 615.024. |
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SECTION 7. Subchapter C, Chapter 401, Labor Code, is |
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amended by adding Section 401.027 to read as follows: |
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Sec. 401.027. APPLICABILITY TO CERTAIN MEMBERS OF TEXAS |
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MILITARY FORCES. (a) In this section, "state active duty," "state |
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training and other duty," and "Texas military forces" have the |
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meanings assigned by Section 437.001, Government Code. |
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(b) For purposes of this subtitle, the travel of a member of |
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the Texas military forces to or from the member's duty location |
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while serving on state active duty and engaged in authorized duty |
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under written orders or while on state training and other duty is |
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considered to be in the course and scope of the member's employment. |
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SECTION 8. Section 501.001, Labor Code, is amended by |
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adding Subdivisions (5-a) and (6-a) to read as follows: |
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(5-a) "Post-traumatic stress disorder" has the |
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meaning assigned by Section 504.019. |
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(6-a) "State active duty" and "Texas military forces" |
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have the meanings assigned by Section 437.001, Government Code. |
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SECTION 9. Subchapter B, Chapter 501, Labor Code, is |
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amended by adding Sections 501.027, 501.028, and 501.029 to read as |
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follows: |
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Sec. 501.027. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR MEMBERS OF TEXAS MILITARY FORCES. (a) Post-traumatic stress |
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disorder suffered by a member of the Texas military forces on state |
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active duty is a compensable injury under this subtitle only if it |
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is based on a diagnosis that: |
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(1) the disorder is caused by one or more events |
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occurring in the course and scope of the member's state active duty; |
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and |
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(2) the preponderance of evidence indicates that the |
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event or events were a producing cause of the disorder. |
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(b) For purposes of this subtitle, the date of injury for |
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post-traumatic stress disorder suffered by a member of the Texas |
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military forces is the date on which the member knew or should have |
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known that the disorder may be related to the member's state active |
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duty. |
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Sec. 501.028. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR |
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CERTAIN INJURIES SUSTAINED BY CERTAIN MEMBERS OF TEXAS MILITARY |
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FORCES ON STATE ACTIVE DUTY. (a) This section applies only to a |
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member of the Texas military forces who sustains a serious bodily |
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injury, as defined by Section 1.07, Penal Code, on state active |
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duty. |
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(b) An insurance carrier shall accelerate and give priority |
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to a claim for medical benefits by a member of the Texas military |
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forces to which this section applies, including all health care |
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required to cure or relieve the effects naturally resulting from a |
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compensable injury described by Subsection (a). |
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(c) The division shall accelerate, under rules adopted by |
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the commissioner of workers' compensation, a contested case hearing |
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requested by or an appeal submitted by a member of the Texas |
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military forces to which this section applies regarding the denial |
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of a claim for medical benefits, including all health care required |
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to cure or relieve the effects naturally resulting from a |
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compensable injury described by Subsection (a). The member shall |
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provide notice to the division and independent review organization |
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that the contested case or appeal involves a member of the Texas |
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military forces. |
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Sec. 501.029. INTENT OF EXPEDITED PROVISION OF MEDICAL |
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BENEFITS FOR CERTAIN INJURIES SUSTAINED BY CERTAIN MEMBERS OF TEXAS |
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MILITARY FORCES. The purpose of Section 501.028 is to ensure that a |
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claim for medical benefits by an injured member of the Texas |
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military forces to which this section applies is accelerated by an |
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insurance carrier to the full extent authorized by current law. |
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SECTION 10. (a) The changes in law made by this Act to |
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Chapter 615, Government Code, relating to the death of a member of |
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the Texas military forces applies only to a death that occurs on or |
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after the effective date of this Act. For purposes of that chapter, |
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the death of a member of the Texas military forces that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the death occurred, and the former law is |
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continued in effect for that purpose. |
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(b) The changes in law made by this Act relating to a claim |
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for workers' compensation benefits by a member of the Texas |
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military forces apply only to a claim for workers' compensation |
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benefits based on a compensable injury that occurs on or after the |
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effective date of this Act. A claim based on a compensable injury |
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that occurs before that date is governed by the law in effect on the |
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date that the compensable injury occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2023. |
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* * * * * |