| 1 | 1 | | 82R18775 JSC-D |
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| 2 | 2 | | By: Coleman H.B. No. 3495 |
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| 3 | 3 | | Substitute the following for H.B. No. 3495: |
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| 4 | 4 | | By: Cook C.S.H.B. No. 3495 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to workers' compensation death benefit eligibility for |
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| 10 | 10 | | certain spouses of certain peace officers killed in the line of |
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| 11 | 11 | | duty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 408.183, Labor Code, is amended by |
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| 14 | 14 | | adding Subsections (b-1) and (b-2) to read as follows: |
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| 15 | 15 | | (b-1) Notwithstanding Subsection (b), an eligible spouse |
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| 16 | 16 | | who remarried is eligible for death benefits if: |
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| 17 | 17 | | (1) the employee was a sheriff, sheriff's deputy, or |
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| 18 | 18 | | reserve deputy who held a permanent peace officer license under |
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| 19 | 19 | | Chapter 1701, Occupations Code, who was killed in the line of duty; |
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| 20 | 20 | | and |
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| 21 | 21 | | (2) the spouse's remarriage ended as a result of |
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| 22 | 22 | | divorce or death. |
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| 23 | 23 | | (b-2) Death benefits under Subsection (b-1) begin on the day |
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| 24 | 24 | | after the date the remarriage ended and continue for life or until a |
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| 25 | 25 | | subsequent remarriage. On subsequent remarriage, the eligible |
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| 26 | 26 | | spouse is entitled to receive 104 weeks of death benefits, commuted |
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| 27 | 27 | | as provided by commissioner rule. |
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| 28 | 28 | | SECTION 2. Section 408.184, Labor Code, is amended by |
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| 29 | 29 | | adding Subsections (b-1) and (d) to read as follows: |
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| 30 | 30 | | (b-1) If a spouse described by Section 408.183(b-1) becomes |
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| 31 | 31 | | eligible for benefits on the end of the spouse's remarriage, the |
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| 32 | 32 | | spouse's benefits shall be resumed and the benefits payable to any |
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| 33 | 33 | | other legal beneficiaries shall be adjusted accordingly. |
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| 34 | 34 | | (d) If, after the insurance carrier pays an amount to the |
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| 35 | 35 | | subsequent injury fund under Subsection (c), a spouse becomes |
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| 36 | 36 | | eligible for benefits under Section 408.183(b-1), the insurance |
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| 37 | 37 | | carrier may request reimbursement from the subsequent injury fund |
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| 38 | 38 | | for amounts paid to the spouse. The total reimbursement to the |
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| 39 | 39 | | insurance carrier under this subsection may not exceed the total |
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| 40 | 40 | | amount the insurance carrier paid to the subsequent injury fund for |
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| 41 | 41 | | that claim under Subsection (c). |
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| 42 | 42 | | SECTION 3. The changes in law made by this Act to Sections |
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| 43 | 43 | | 408.183 and 408.184, Labor Code, apply only to a claim for workers' |
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| 44 | 44 | | compensation benefits based on a compensable injury that occurs on |
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| 45 | 45 | | or after the effective date of this Act. A claim based on a |
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| 46 | 46 | | compensable injury that occurs before that date is governed by the |
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| 47 | 47 | | law in effect on the date the compensable injury occurred, and the |
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| 48 | 48 | | former law is continued in effect for that purpose. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2011. |
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