1 | 1 | | 81R8815 KSD-D |
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2 | 2 | | By: Chavez H.B. No. 2241 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the provision of state death benefits to certain |
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8 | 8 | | federal law enforcement officers and special agents who assist |
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9 | 9 | | state and local law enforcement agencies in this state. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 615.003, Government Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | Sec. 615.003. APPLICABILITY. This chapter applies only to |
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14 | 14 | | eligible survivors of the following individuals: |
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15 | 15 | | (1) an individual elected, appointed, or employed as a |
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16 | 16 | | peace officer by the state or a political subdivision of the state |
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17 | 17 | | under Article 2.12, Code of Criminal Procedure, or other law; |
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18 | 18 | | (2) a paid probation officer appointed by the director |
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19 | 19 | | of a community supervision and corrections department who has the |
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20 | 20 | | duties set out in Section 76.002 and the qualifications set out in |
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21 | 21 | | Section 76.005, or who was appointed in accordance with prior law; |
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22 | 22 | | (3) a parole officer employed by the pardons and |
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23 | 23 | | paroles division of the Texas Department of Criminal Justice who |
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24 | 24 | | has the duties set out in Section 508.001 and the qualifications set |
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25 | 25 | | out in Section 508.113 or in prior law; |
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26 | 26 | | (4) a paid jailer; |
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27 | 27 | | (5) a member of an organized police reserve or |
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28 | 28 | | auxiliary unit who regularly assists peace officers in enforcing |
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29 | 29 | | criminal laws; |
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30 | 30 | | (6) a member of the class of employees of the |
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31 | 31 | | institutional division or the state jail division of the Texas |
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32 | 32 | | Department of Criminal Justice formally designated as custodial |
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33 | 33 | | personnel under Section 615.006 by the Texas Board of Criminal |
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34 | 34 | | Justice or its predecessor in function; |
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35 | 35 | | (7) a jailer or guard of a county jail who is appointed |
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36 | 36 | | by the sheriff and who: |
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37 | 37 | | (A) performs a security, custodial, or |
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38 | 38 | | supervisory function over the admittance, confinement, or |
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39 | 39 | | discharge of prisoners; and |
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40 | 40 | | (B) is certified by the Commission on Law |
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41 | 41 | | Enforcement Officer Standards and Education; |
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42 | 42 | | (8) a juvenile correctional employee of the Texas |
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43 | 43 | | Youth Commission; |
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44 | 44 | | (9) an employee of the [Texas] Department of State |
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45 | 45 | | Health Services or the Department of Aging and Disability Services |
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46 | 46 | | [Mental Health and Mental Retardation] who: |
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47 | 47 | | (A) works at the Department of State Health |
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48 | 48 | | Services' [department's] maximum security unit; or |
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49 | 49 | | (B) performs on-site services for the Texas |
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50 | 50 | | Department of Criminal Justice; |
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51 | 51 | | (10) an individual who is employed by the state or a |
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52 | 52 | | political or legal subdivision and is subject to certification by |
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53 | 53 | | the Texas Commission on Fire Protection; |
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54 | 54 | | (11) an individual employed by the state or a |
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55 | 55 | | political or legal subdivision whose principal duties are aircraft |
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56 | 56 | | crash and rescue fire fighting; |
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57 | 57 | | (12) a member of an organized volunteer fire-fighting |
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58 | 58 | | unit that: |
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59 | 59 | | (A) renders fire-fighting services without |
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60 | 60 | | remuneration; and |
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61 | 61 | | (B) conducts a minimum of two drills each month, |
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62 | 62 | | each two hours long; |
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63 | 63 | | (13) an individual who: |
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64 | 64 | | (A) performs emergency medical services or |
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65 | 65 | | operates an ambulance; |
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66 | 66 | | (B) is employed by a political subdivision of the |
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67 | 67 | | state or is an emergency medical services volunteer as defined by |
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68 | 68 | | Section 773.003, Health and Safety Code; and |
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69 | 69 | | (C) is qualified as an emergency care attendant |
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70 | 70 | | or at a higher level of training under Section 773.046, 773.047, |
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71 | 71 | | 773.048, 773.049, or 773.0495, Health and Safety Code; [or] |
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72 | 72 | | (14) an individual who is employed or formally |
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73 | 73 | | designated as a chaplain for: |
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74 | 74 | | (A) an organized volunteer fire-fighting unit or |
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75 | 75 | | other fire department of this state or of a political subdivision of |
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76 | 76 | | this state; |
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77 | 77 | | (B) a law enforcement agency of this state or of a |
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78 | 78 | | political subdivision of this state; or |
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79 | 79 | | (C) the Texas Department of Criminal Justice; or |
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80 | 80 | | (15) a federal law enforcement officer or special |
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81 | 81 | | agent, including a special investigator under Article 2.122, Code |
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82 | 82 | | of Criminal Procedure, who is performing duties in this state to |
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83 | 83 | | assist a state or local law enforcement agency of this state. |
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84 | 84 | | SECTION 2. The change in law made by this Act relating to |
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85 | 85 | | the death of certain federal law enforcement officers or special |
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86 | 86 | | agents applies only in relation to a death that occurs on or after |
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87 | 87 | | the effective date of this Act. Matters regarding eligibility, |
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88 | 88 | | payment, and benefits under Chapter 615, Government Code, in |
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89 | 89 | | relation to a death that occurs before the effective date of this |
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90 | 90 | | Act are governed by the law in effect when the death occurs, and the |
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91 | 91 | | former law is continued in effect for that purpose. |
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92 | 92 | | SECTION 3. This Act takes effect September 1, 2009. |
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