By: Hegar S.B. No. 396
(In the Senate - Filed February 5, 2013; February 13, 2013,
read first time and referred to Committee on State Affairs;
March 20, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 20, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 396 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the provision of state death benefits to certain
employees of the Department of Public Safety of the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 615.003, Government Code, is amended to
read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual elected, appointed, or employed as a
peace officer by the state or a political subdivision of the state
under Article 2.12, Code of Criminal Procedure, or other law;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the Texas Department
of Criminal Justice who has the duties set out in Section 508.001
and the qualifications set out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions division formally designated as
custodial personnel under Section 615.006 by the Texas Board of
Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Commission on Law
Enforcement Officer Standards and Education;
(8) a juvenile correctional employee of the Texas
Juvenile Justice Department [Youth Commission];
(9) an employee of the Department of Aging and
Disability Services or Department of State Health Services who:
(A) works at the department's maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code;
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice;
[or]
(15) an individual who is employed by the state or a
political subdivision of the state and who is considered by the
governmental employer to be a trainee for a position otherwise
described by this section; or
(16) an individual who is employed by the Department
of Public Safety and, as certified by the director, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations.
SECTION 2. The change in law made by this Act relating to
the death of certain employees of the Department of Public Safety of
the State of Texas applies only in relation to a death that occurs
on or after the effective date of this Act. Matters regarding
eligibility, payment, and benefits under Chapter 615, Government
Code, in relation to a death that occurs before the effective date
of this Act are governed by the law in effect when the death occurs,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
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