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AN ACT
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relating to financial assistance paid to the survivors of certain |
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law enforcement officers and other public employees killed in the |
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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) Not later than the 30th day [As
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soon as practicable] after the date of the death of an individual |
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listed under Section 615.003 that occurs in the performance of |
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duties in the individual's position as described by Section 615.003 |
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or as a result of an action that occurs while the individual is |
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performing those duties [is claimed to meet the requirements of
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Section 615.021(1)], the individual's employing entity shall |
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furnish to the board of trustees of the Employees Retirement System |
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of Texas proof of the death in the form and with additional evidence |
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and informat |
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ion required by the board. The employing entity shall |
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furnish the evidence and information required under this subsection |
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regardless of whether the employing entity believes the |
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individual's death satisfies the eligibility requirements |
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established under Section 615.021(a)(1). |
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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 any |
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additional information required by the rules adopted in accordance |
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with Section 615.002, to determine whether the individual's death |
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satisfies the eligibility requirements established under Section |
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615.021(a)(1) and justifies the payment of assistance to the |
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individual's eligible survivors 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 615.121(a), Government Code, is amended |
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to read as follows: |
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(a) The state shall pay the following benefits to an |
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eligible surviving spouse of a peace officer, a jailer, a county |
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jailer or guard, or an employee of the Texas Department of Criminal |
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Justice, as described by Section 615.003(1), (4), [or] (6), or (7), |
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who was killed in the line of duty and who had not qualified for an |
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annuity under an employees' retirement plan: |
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(1) funeral expenses related to the deceased person |
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[officer or employee]; and |
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(2) monthly payments that equal the greater of: |
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(A) the monthly annuity payment the deceased |
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person [officer or employee] would have received if the deceased |
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person [officer or employee] had survived, had retired on the last |
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day of the month in which the person [officer or employee] died, and |
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had been eligible to receive an annuity under an employees' |
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retirement plan; or |
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(B) the minimum monthly annuity payment the |
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deceased person [officer or employee] would have received if the |
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person [officer or employee] had been employed by the state for 10 |
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years, had been paid a salary at the lowest amount provided by the |
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General Appropriations Act for a position of peace officer, jailer, |
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county jailer or guard, or employee of the Texas Department of |
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Criminal Justice, as described by Section 615.003(1), (4), [or] |
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(6), or (7), and had been eligible to retire under the Employees |
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Retirement System of Texas. |
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SECTION 3. 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 4. Section 615.121(a), Government Code, as amended |
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by this Act, applies to a payment of assistance to survivors of |
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certain law enforcement officers and employees on or after the |
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effective date of this Act regardless of the date the officer or |
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employee died. |
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SECTION 5. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 872 was passed by the House on April |
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18, 2019, by the following vote: Yeas 129, Nays 3, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 872 on May 23, 2019, by the following vote: Yeas 140, Nays 4, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 872 was passed by the Senate, with |
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amendments, on May 21, 2019, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |