Bill Text: TX HB872 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to financial assistance paid to the survivors of certain law enforcement officers and other public employees killed in the line of duty.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB872 Detail]
Download: Texas-2019-HB872-Enrolled.html
H.B. No. 872 |
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relating to financial assistance paid to the survivors of certain | ||
law enforcement officers and other public employees killed in the | ||
line of duty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 615.041, Government Code, is amended to | ||
read as follows: | ||
Sec. 615.041. CONSIDERATION AND DETERMINATION [ |
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CLAIM; COMPELLED COMPLIANCE. (a) Not later than the 30th day [ |
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listed under Section 615.003 that occurs in the performance of | ||
duties in the individual's position as described by Section 615.003 | ||
or as a result of an action that occurs while the individual is | ||
performing those duties [ |
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furnish to the board of trustees of the Employees Retirement System | ||
of Texas proof of the death in the form and with additional evidence | ||
and informat | ||
ion required by the board. The employing entity shall | ||
furnish the evidence and information required under this subsection | ||
regardless of whether the employing entity believes the | ||
individual's death satisfies the eligibility requirements | ||
established under Section 615.021(a)(1). | ||
(b) The board of trustees shall consider the proof, | ||
evidence, and information provided under Subsection (a), and any | ||
additional information required by the rules adopted in accordance | ||
with Section 615.002, to determine whether the individual's death | ||
satisfies the eligibility requirements established under Section | ||
615.021(a)(1) and justifies the payment of assistance to the | ||
individual's eligible survivors under this chapter. | ||
(c) If the individual's employing entity fails to comply | ||
with Subsection (a), the attorney general may use any means | ||
authorized by law, including filing suit for a writ of mandamus | ||
against the employer, to compel the employer's compliance with this | ||
section. | ||
SECTION 2. Section 615.121(a), Government Code, is amended | ||
to read as follows: | ||
(a) The state shall pay the following benefits to an | ||
eligible surviving spouse of a peace officer, a jailer, a county | ||
jailer or guard, or an employee of the Texas Department of Criminal | ||
Justice, as described by Section 615.003(1), (4), [ |
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who was killed in the line of duty and who had not qualified for an | ||
annuity under an employees' retirement plan: | ||
(1) funeral expenses related to the deceased person | ||
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(2) monthly payments that equal the greater of: | ||
(A) the monthly annuity payment the deceased | ||
person [ |
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person [ |
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day of the month in which the person [ |
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had been eligible to receive an annuity under an employees' | ||
retirement plan; or | ||
(B) the minimum monthly annuity payment the | ||
deceased person [ |
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person [ |
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years, had been paid a salary at the lowest amount provided by the | ||
General Appropriations Act for a position of peace officer, jailer, | ||
county jailer or guard, or employee of the Texas Department of | ||
Criminal Justice, as described by Section 615.003(1), (4), [ |
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(6), or (7), and had been eligible to retire under the Employees | ||
Retirement System of Texas. | ||
SECTION 3. Section 615.041, Government Code, as amended by | ||
this Act, applies to the payment of assistance in connection with a | ||
death that occurs on or after the effective date of this Act. The | ||
payment of assistance in connection with a death that occurs before | ||
the effective date of this Act is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 4. Section 615.121(a), Government Code, as amended | ||
by this Act, applies to a payment of assistance to survivors of | ||
certain law enforcement officers and employees on or after the | ||
effective date of this Act regardless of the date the officer or | ||
employee died. | ||
SECTION 5. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 872 was passed by the House on April | ||
18, 2019, by the following vote: Yeas 129, Nays 3, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 872 on May 23, 2019, by the following vote: Yeas 140, Nays 4, 1 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 872 was passed by the Senate, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |