| 1 | 1 | | By: Ellis, Shapleigh S.B. No. 1022 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to death benefits for the survivors of certain members of |
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| 7 | 7 | | the Texas National Guard. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle C, Title 4, Government Code, is amended |
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| 10 | 10 | | by adding Chapter 437 to read as follows: |
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| 11 | 11 | | CHAPTER 437. BENEFITS FOR SURVIVORS OF TEXAS NATIONAL GUARD |
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| 12 | 12 | | MEMBERS |
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| 13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 14 | 14 | | Sec. 437.001. DEFINITION. In this chapter, "eligible |
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| 15 | 15 | | survivor" means a person eligible to receive benefits under this |
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| 16 | 16 | | chapter. |
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| 17 | 17 | | Sec. 437.002. APPLICABILITY. This chapter applies only to |
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| 18 | 18 | | eligible survivors of a member of the Texas National Guard who died |
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| 19 | 19 | | after September 11, 2001, while: |
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| 20 | 20 | | (1) on federal active duty under Title 10, United |
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| 21 | 21 | | States Code; or |
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| 22 | 22 | | (2) serving in a named military operation on active |
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| 23 | 23 | | duty under state authority in accordance with Title 32, United |
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| 24 | 24 | | States Code. |
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| 25 | 25 | | Sec. 437.003. ADDITIONAL BENEFIT. The benefit provided |
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| 26 | 26 | | under this chapter is in addition to any other benefit provided |
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| 27 | 27 | | under state or federal law. |
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| 28 | 28 | | [Sections 437.004-437.050 reserved for expansion] |
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| 29 | 29 | | SUBCHAPTER B. ADMINISTRATION OF CHAPTER |
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| 30 | 30 | | Sec. 437.051. ADJUTANT GENERAL. The adjutant general shall |
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| 31 | 31 | | administer this chapter for the payment of benefits to eligible |
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| 32 | 32 | | survivors of Texas National Guard members. |
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| 33 | 33 | | Sec. 437.052. RULES. The adjutant general shall adopt |
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| 34 | 34 | | rules to administer this chapter, including rules and procedures |
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| 35 | 35 | | for making and proving a claim, appealing decisions, and receiving |
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| 36 | 36 | | benefits under this chapter. |
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| 37 | 37 | | Sec. 437.053. GIFTS; GRANTS. The adjutant general may |
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| 38 | 38 | | accept gifts and grants to make payments under this chapter. |
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| 39 | 39 | | Sec. 437.054. CERTIFICATION TO COMPTROLLER. The adjutant |
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| 40 | 40 | | general shall certify to the comptroller: |
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| 41 | 41 | | (1) the name of each eligible survivor who will be paid |
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| 42 | 42 | | a benefit under this chapter; and |
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| 43 | 43 | | (2) the amount of the benefit under this chapter that |
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| 44 | 44 | | each eligible survivor will be paid from funds specifically |
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| 45 | 45 | | appropriated to the adjutant general for that purpose. |
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| 46 | 46 | | [Sections 437.055-437.100 reserved for expansion] |
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| 47 | 47 | | SUBCHAPTER C. PAYMENTS TO ELIGIBLE SURVIVORS |
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| 48 | 48 | | Sec. 437.101. ELIGIBILITY. (a) In this section, "heirs" |
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| 49 | 49 | | has the meaning assigned by Section 3, Texas Probate Code. |
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| 50 | 50 | | (b) An eligible survivor is a person designated as a |
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| 51 | 51 | | beneficiary on the deceased individual's group life insurance |
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| 52 | 52 | | program under 38 U.S.C. Section 1965 et seq. |
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| 53 | 53 | | (c) If there is not a beneficiary for the individual under |
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| 54 | 54 | | Subsection (b), the eligible survivors are the heirs. |
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| 55 | 55 | | Sec. 437.102. PAYMENT TO ELIGIBLE SURVIVOR. (a) The state |
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| 56 | 56 | | shall pay $250,000 to the eligible survivor of an individual or the |
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| 57 | 57 | | appropriate pro rata portion of that amount to the eligible |
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| 58 | 58 | | survivors of the individual. The state shall pay the benefits in |
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| 59 | 59 | | two equal installments. |
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| 60 | 60 | | (b) The state is required to make payments under this |
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| 61 | 61 | | section only to the extent that the legislature specifically |
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| 62 | 62 | | appropriates money for that purpose. |
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| 63 | 63 | | Sec. 437.103. APPLICATION FOR BENEFITS. An eligible |
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| 64 | 64 | | survivor must apply for benefits in accordance with rules adopted |
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| 65 | 65 | | under this chapter. |
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| 66 | 66 | | SECTION 2. This Act does not make an appropriation. A |
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| 67 | 67 | | provision in this Act that creates a new governmental program, |
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| 68 | 68 | | creates a new entitlement, or imposes a new duty on a governmental |
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| 69 | 69 | | entity is not mandatory during a fiscal period for which the |
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| 70 | 70 | | legislature has not made a specific appropriation to implement the |
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| 71 | 71 | | provision. |
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| 72 | 72 | | SECTION 3. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2009. |
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