82R617 MCK-D
By: Alvarado H.B. No. 1039
A BILL TO BE ENTITLED
AN ACT
relating to death benefits for eligible survivors of certain Texas
National Guard members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Government Code, is amended
by adding Chapter 437 to read as follows:
CHAPTER 437. BENEFITS FOR SURVIVORS OF TEXAS NATIONAL GUARD
MEMBERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 437.001. DEFINITION. In this chapter, "eligible
survivor" means a person eligible to receive benefits under this
chapter.
Sec. 437.002. APPLICABILITY. This chapter applies only to
eligible survivors of a Texas National Guard member who died after
September 11, 2001, while:
(1) on federal active duty under Title 10, United
States Code; or
(2) serving in a named military operation on active
duty under state authority in accordance with Title 32, United
States Code.
Sec. 437.003. ADDITIONAL BENEFIT. The benefit provided
under this chapter is in addition to any other benefit provided
under state or federal law.
[Sections 437.004-437.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION OF CHAPTER
Sec. 437.051. ADJUTANT GENERAL. The adjutant general shall
administer this chapter for the payment of benefits to eligible
survivors of Texas National Guard members.
Sec. 437.052. RULES. The adjutant general shall adopt
rules to administer this chapter, including rules and procedures
for making and proving a claim, appealing decisions, and receiving
benefits under this chapter.
Sec. 437.053. GIFTS; GRANTS. The adjutant general may
accept gifts and grants to make payments under this chapter.
Sec. 437.054. CERTIFICATION TO COMPTROLLER. The adjutant
general shall certify to the comptroller:
(1) the name of each eligible survivor who will be paid
a benefit under this chapter; and
(2) the amount of the benefit to be paid to each
eligible survivor under this chapter from funds specifically
appropriated to the adjutant general for that purpose.
[Sections 437.055-437.100 reserved for expansion]
SUBCHAPTER C. PAYMENTS TO ELIGIBLE SURVIVORS
Sec. 437.101. ELIGIBILITY. (a) In this section, "heirs"
has the meaning assigned by Section 3, Texas Probate Code.
(b) An eligible survivor is a person designated as a
beneficiary on the deceased Texas National Guard member's group
life insurance program under 38 U.S.C. Section 1965 et seq.
(c) If there is not a beneficiary for the Texas National
Guard member under Subsection (b), the eligible survivors are the
heirs.
Sec. 437.102. PAYMENT TO ELIGIBLE SURVIVOR. (a) The state
shall pay $250,000 to the eligible survivor of a Texas National
Guard member or the appropriate pro rata portion of that amount to
the eligible survivors of the member. The state shall pay the
benefits in two equal installments.
(b) The state is required to make payments under this
section only to the extent that the legislature specifically
appropriates money for that purpose.
Sec. 437.103. APPLICATION FOR BENEFITS. An eligible
survivor must apply for benefits in accordance with rules adopted
under this chapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.