Texas 2009 - 81st Regular

Texas House Bill HB2241 Compare Versions

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11 81R8815 KSD-D
22 By: Chavez H.B. No. 2241
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the provision of state death benefits to certain
88 federal law enforcement officers and special agents who assist
99 state and local law enforcement agencies in this state.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 615.003, Government Code, is amended to
1212 read as follows:
1313 Sec. 615.003. APPLICABILITY. This chapter applies only to
1414 eligible survivors of the following individuals:
1515 (1) an individual elected, appointed, or employed as a
1616 peace officer by the state or a political subdivision of the state
1717 under Article 2.12, Code of Criminal Procedure, or other law;
1818 (2) a paid probation officer appointed by the director
1919 of a community supervision and corrections department who has the
2020 duties set out in Section 76.002 and the qualifications set out in
2121 Section 76.005, or who was appointed in accordance with prior law;
2222 (3) a parole officer employed by the pardons and
2323 paroles division of the Texas Department of Criminal Justice who
2424 has the duties set out in Section 508.001 and the qualifications set
2525 out in Section 508.113 or in prior law;
2626 (4) a paid jailer;
2727 (5) a member of an organized police reserve or
2828 auxiliary unit who regularly assists peace officers in enforcing
2929 criminal laws;
3030 (6) a member of the class of employees of the
3131 institutional division or the state jail division of the Texas
3232 Department of Criminal Justice formally designated as custodial
3333 personnel under Section 615.006 by the Texas Board of Criminal
3434 Justice or its predecessor in function;
3535 (7) a jailer or guard of a county jail who is appointed
3636 by the sheriff and who:
3737 (A) performs a security, custodial, or
3838 supervisory function over the admittance, confinement, or
3939 discharge of prisoners; and
4040 (B) is certified by the Commission on Law
4141 Enforcement Officer Standards and Education;
4242 (8) a juvenile correctional employee of the Texas
4343 Youth Commission;
4444 (9) an employee of the [Texas] Department of State
4545 Health Services or the Department of Aging and Disability Services
4646 [Mental Health and Mental Retardation] who:
4747 (A) works at the Department of State Health
4848 Services' [department's] maximum security unit; or
4949 (B) performs on-site services for the Texas
5050 Department of Criminal Justice;
5151 (10) an individual who is employed by the state or a
5252 political or legal subdivision and is subject to certification by
5353 the Texas Commission on Fire Protection;
5454 (11) an individual employed by the state or a
5555 political or legal subdivision whose principal duties are aircraft
5656 crash and rescue fire fighting;
5757 (12) a member of an organized volunteer fire-fighting
5858 unit that:
5959 (A) renders fire-fighting services without
6060 remuneration; and
6161 (B) conducts a minimum of two drills each month,
6262 each two hours long;
6363 (13) an individual who:
6464 (A) performs emergency medical services or
6565 operates an ambulance;
6666 (B) is employed by a political subdivision of the
6767 state or is an emergency medical services volunteer as defined by
6868 Section 773.003, Health and Safety Code; and
6969 (C) is qualified as an emergency care attendant
7070 or at a higher level of training under Section 773.046, 773.047,
7171 773.048, 773.049, or 773.0495, Health and Safety Code; [or]
7272 (14) an individual who is employed or formally
7373 designated as a chaplain for:
7474 (A) an organized volunteer fire-fighting unit or
7575 other fire department of this state or of a political subdivision of
7676 this state;
7777 (B) a law enforcement agency of this state or of a
7878 political subdivision of this state; or
7979 (C) the Texas Department of Criminal Justice; or
8080 (15) a federal law enforcement officer or special
8181 agent, including a special investigator under Article 2.122, Code
8282 of Criminal Procedure, who is performing duties in this state to
8383 assist a state or local law enforcement agency of this state.
8484 SECTION 2. The change in law made by this Act relating to
8585 the death of certain federal law enforcement officers or special
8686 agents applies only in relation to a death that occurs on or after
8787 the effective date of this Act. Matters regarding eligibility,
8888 payment, and benefits under Chapter 615, Government Code, in
8989 relation to a death that occurs before the effective date of this
9090 Act are governed by the law in effect when the death occurs, and the
9191 former law is continued in effect for that purpose.
9292 SECTION 3. This Act takes effect September 1, 2009.