H.B. No. 1058
  relating to the receipt of death benefits in the workers'
  compensation system.
         SECTION 1.  Sections 408.182(d-1), (d-2), and (f), Labor
  Code, are amended to read as follows:
         (d-1)  If there is no eligible spouse, no eligible child, and
  no eligible grandchild, and there are no surviving dependents of
  the deceased employee who are parents, siblings, or grandparents of
  the deceased, the death benefits shall be paid in equal shares to
  surviving eligible parents of the deceased.  A payment of death
  benefits made under this subsection may not exceed one payment per
  household. Total payments under this section [and] may not exceed
  104 weeks regardless of the number of surviving eligible parents.
         (d-2)  Except as otherwise provided by this subsection,  to
  be eligible to receive death benefits under Subsection (d-1), an
  eligible parent must file with the division a claim for those
  benefits not later than the first anniversary of the date of the
  injured employee's death from the compensable injury.  The claim
  must designate all eligible parents and necessary information for
  payment to the eligible parents.  The insurance carrier is not
  liable for payment to any eligible parent not designated on the
  claim.  Failure to file a claim in the time required bars the claim
  unless good cause exists for the failure to file a claim under this
  section [The commissioner may extend the time for filing a claim
  under this subsection only if the eligible parent submits proof
  satisfactory to the commissioner of a compelling reason for the
         (f)  In this section:
               (1)  "Eligible child" means a child of a deceased
  employee if the child is:
                     (A)  a minor;
                     (B)  enrolled as a full-time student in an
  accredited educational institution and is less than 25 years of
  age; or
                     (C)  a dependent of the deceased employee at the
  time of the employee's death.
               (2)  "Eligible grandchild" means a grandchild of a
  deceased employee who is a dependent of the deceased employee and
  whose parent is not an eligible child.
               (3)  "Eligible spouse" means the surviving spouse of a
  deceased employee unless the spouse abandoned the employee for
  longer than the year immediately preceding the death without good
  cause, as determined by the division.
               (4)  "Eligible parent" means the mother or the father
  of a deceased employee, including an adoptive parent or a
  stepparent[, who receives burial benefits under Section
  408.186].  The term does not include a parent whose parental rights
  have been terminated.
         SECTION 2.  The change in law made by this Act applies 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 3.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1058 was passed by the House on May 1,
  2009, by the following vote:  Yeas 138, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1058 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________