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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of financial assistance to survivors of |
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certain 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. Section 615.003, Government Code, is amended to |
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read as follows: |
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Sec. 615.003. APPLICABILITY. This chapter applies only to |
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eligible survivors of the following individuals: |
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(1) an individual: |
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(A) elected, appointed, or employed as a peace |
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officer by the state or a political subdivision of the state under |
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Article 2.12, Code of Criminal Procedure, or other law; or |
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(B) employed as a peace officer by a private |
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institution of higher education, including a private junior |
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college, that is located in this state under Section 51.212, |
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Education Code; |
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(2) a paid probation officer appointed by the director |
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of a community supervision and corrections department who has the |
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duties set out in Section 76.002 and the qualifications set out in |
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Section 76.005, or who was appointed in accordance with prior law; |
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(3) a parole officer employed by the Texas Department |
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of Criminal Justice who has the duties set out in Section 508.001 |
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and the qualifications set out in Section 508.113 or in prior law; |
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(4) a paid jailer; |
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(5) a member of an organized police reserve or |
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auxiliary unit who regularly assists peace officers in enforcing |
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criminal laws; |
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(6) a member of the class of employees of the |
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correctional institutions division formally designated as |
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custodial personnel under Section 615.006 by the Texas Board of |
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Criminal Justice or its predecessor in function; |
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(7) a jailer or guard of a county jail who is appointed |
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by the sheriff and who: |
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(A) performs a security, custodial, or |
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supervisory function over the admittance, confinement, or |
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discharge of prisoners; and |
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(B) is certified by the Texas Commission on Law |
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Enforcement; |
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(8) a juvenile correctional employee of the Texas |
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Juvenile Justice Department; |
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(9) an employee of the Health and Human Services |
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Commission [Department of Aging and Disability Services or |
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Department of State Health Services] who: |
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(A) works at the commission's [department's] |
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maximum security unit; or |
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(B) performs on-site services for the Texas |
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Department of Criminal Justice; |
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(10) an individual who is employed by the state or a |
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political or legal subdivision and is subject to certification by |
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the Texas Commission on Fire Protection; |
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(11) an individual employed by the state or a |
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political or legal subdivision whose principal duties are aircraft |
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crash and rescue fire fighting; |
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(12) a member of an organized volunteer fire-fighting |
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unit that: |
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(A) renders fire-fighting services without |
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remuneration; and |
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(B) conducts a minimum of two drills each month, |
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each two hours long; |
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(13) an individual who: |
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(A) performs emergency medical services or |
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operates an ambulance; |
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(B) is employed by a political subdivision of the |
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state or is an emergency medical services volunteer as defined by |
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Section 773.003, Health and Safety Code; and |
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(C) is qualified as an emergency care attendant |
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or at a higher level of training under Section 773.046, 773.047, |
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773.048, 773.049, or 773.0495, Health and Safety Code; |
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(14) an individual who is employed or formally |
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designated as a chaplain for: |
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(A) an organized volunteer fire-fighting unit or |
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other fire department of this state or of a political subdivision of |
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this state; |
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(B) a law enforcement agency of this state or of a |
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political subdivision of this state; or |
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(C) the Texas Department of Criminal Justice; |
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(15) an individual who is employed by the state or a |
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political subdivision of the state and who is considered by the |
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governmental employer to be a trainee for a position otherwise |
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described by this section; |
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(16) an individual who is employed by the Department |
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of Public Safety and, as certified by the director, is: |
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(A) deployed into the field in direct support of |
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a law enforcement operation, including patrol, investigative, |
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search and rescue, crime scene, on-site communications, or special |
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operations; and |
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(B) given a special assignment in direct support |
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of operations relating to organized crime, criminal interdiction, |
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border security, counterterrorism, intelligence, traffic |
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enforcement, emergency management, regulatory services, or special |
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investigations; [or] |
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(17) an individual who is employed by the Parks and |
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Wildlife Department and, as certified by the executive director of |
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the Parks and Wildlife Department, is: |
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(A) deployed into the field in direct support of |
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a law enforcement operation, including patrol, investigative, |
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search and rescue, crime scene, on-site communications, or special |
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operations; and |
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(B) given a special assignment in direct support |
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of operations relating to organized crime, criminal interdiction, |
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border security, counterterrorism, intelligence, traffic |
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enforcement, emergency management, regulatory services, or special |
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investigations; or |
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(18) a member of the Texas military forces who is on |
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state active duty, as those terms are defined by Section 437.001. |
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SECTION 2. (a) The change in law made by this Act relating |
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to the death of a member of the Texas military forces applies only |
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in relation to a death that occurs on or after the effective date of |
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this Act. Matters regarding eligibility, payment, and benefits |
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under Chapter 615, Government Code, in relation to a death that |
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occurs before the effective date of this Act are governed by the law |
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in effect on the date the death occurs, and the former law is |
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continued in effect for that purpose. |
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(b) Notwithstanding Subsection (a) of this section, the |
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change in law made by this Act applies in relation to the death of a |
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member of the Texas military forces that occurs on or after May 31, |
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2021, if the member died while serving on state active duty as a |
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result of the disaster declaration issued by the governor under |
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Section 418.014, Government Code, relating to a surge of |
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individuals unlawfully crossing the Texas-Mexico border. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |