Texas 2019 - 86th Regular

Texas House Bill HB1618 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Cyrier, Bell of Montgomery, Guillen, H.B. No. 1618
2		-	Flynn, et al.
	1	+	86R24862 SRA-F
	2	+	By: Cyrier, Bell of Montgomery, et al. H.B. No. 1618
	3	+	Substitute the following for H.B. No. 1618:
	4	+	By: Longoria C.S.H.B. No. 1618
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the provision of state death benefits to certain
8	10		members of the Texas military forces.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 615.003, Government Code, is amended to
11	13		read as follows:
12	14		Sec. 615.003. APPLICABILITY. This chapter applies only to
13	15		eligible survivors of the following individuals:
14	16		(1) an individual:
15	17		(A) elected, appointed, or employed as a peace
16	18		officer by the state or a political subdivision of the state under
17	19		Article 2.12, Code of Criminal Procedure, or other law; or
18	20		(B) employed as a peace officer by a private
19	21		institution of higher education, including a private junior
20	22		college, that is located in this state under Section 51.212,
21	23		Education Code;
22	24		(2) a paid probation officer appointed by the director
23	25		of a community supervision and corrections department who has the
24	26		duties set out in Section 76.002 and the qualifications set out in
25	27		Section 76.005, or who was appointed in accordance with prior law;
26	28		(3) a parole officer employed by the Texas Department
27	29		of Criminal Justice who has the duties set out in Section 508.001
28	30		and the qualifications set out in Section 508.113 or in prior law;
29	31		(4) a paid jailer;
30	32		(5) a member of an organized police reserve or
31	33		auxiliary unit who regularly assists peace officers in enforcing
32	34		criminal laws;
33	35		(6) a member of the class of employees of the
34	36		correctional institutions division formally designated as
35	37		custodial personnel under Section 615.006 by the Texas Board of
36	38		Criminal Justice or its predecessor in function;
37	39		(7) a jailer or guard of a county jail who is appointed
38	40		by the sheriff and who:
39	41		(A) performs a security, custodial, or
40	42		supervisory function over the admittance, confinement, or
41	43		discharge of prisoners; and
42	44		(B) is certified by the Texas Commission on Law
43	45		Enforcement;
44	46		(8) a juvenile correctional employee of the Texas
45	47		Juvenile Justice Department;
46	48		(9) an employee of the Health and Human Services
47	49		Commission [Department of Aging and Disability Services or
48	50		Department of State Health Services] who:
49	51		(A) works at the commission's [department's]
50	52		maximum security unit; or
51	53		(B) performs on-site services for the Texas
52	54		Department of Criminal Justice;
53	55		(10) an individual who is employed by the state or a
54	56		political or legal subdivision and is subject to certification by
55	57		the Texas Commission on Fire Protection;
56	58		(11) an individual employed by the state or a
57	59		political or legal subdivision whose principal duties are aircraft
58	60		crash and rescue fire fighting;
59	61		(12) a member of an organized volunteer fire-fighting
60	62		unit that:
61	63		(A) renders fire-fighting services without
62	64		remuneration; and
63	65		(B) conducts a minimum of two drills each month,
64	66		each two hours long;
65	67		(13) an individual who:
66	68		(A) performs emergency medical services or
67	69		operates an ambulance;
68	70		(B) is employed by a political subdivision of the
69	71		state or is an emergency medical services volunteer as defined by
70	72		Section 773.003, Health and Safety Code; and
71	73		(C) is qualified as an emergency care attendant
72	74		or at a higher level of training under Section 773.046, 773.047,
73	75		773.048, 773.049, or 773.0495, Health and Safety Code;
74	76		(14) an individual who is employed or formally
75	77		designated as a chaplain for:
76	78		(A) an organized volunteer fire-fighting unit or
77	79		other fire department of this state or of a political subdivision of
78	80		this state;
79	81		(B) a law enforcement agency of this state or of a
80	82		political subdivision of this state; or
81	83		(C) the Texas Department of Criminal Justice;
82	84		(15) an individual who is employed by the state or a
83	85		political subdivision of the state and who is considered by the
84	86		governmental employer to be a trainee for a position otherwise
85	87		described by this section;
86	88		(16) an individual who is employed by the Department
87	89		of Public Safety and, as certified by the director, is:
88	90		(A) deployed into the field in direct support of
89	91		a law enforcement operation, including patrol, investigative,
90	92		search and rescue, crime scene, on-site communications, or special
91	93		operations; and
92	94		(B) given a special assignment in direct support
93	95		of operations relating to organized crime, criminal interdiction,
94	96		border security, counterterrorism, intelligence, traffic
95	97		enforcement, emergency management, regulatory services, or special
96	98		investigations; [or]
97	99		(17) an individual who is employed by the Parks and
98	100		Wildlife Department and, as certified by the executive director of
99	101		the Parks and Wildlife Department, is:
100	102		(A) deployed into the field in direct support of
101	103		a law enforcement operation, including patrol, investigative,
102	104		search and rescue, crime scene, on-site communications, or special
103	105		operations; and
104	106		(B) given a special assignment in direct support
105	107		of operations relating to organized crime, criminal interdiction,
106	108		border security, counterterrorism, intelligence, traffic
107	109		enforcement, emergency management, regulatory services, or special
108	110		investigations; or
109	111		(18) a member of the Texas military forces, as defined
110	112		by Section 437.001:
111		-	(A) who ~~performs a military duty or~~ is on state
112		-	~~active duty, as those terms are~~ defined in Section 437.001; and
	113	+	(A) who is on state active duty, as that term is
	114	+	defined in Section 437.001; and
113	115		(B) whose eligible survivors are not otherwise
114	116		eligible under federal law to receive a payment under 10 U.S.C.
115	117		Sections 1475 through 1477 in relation to that duty.
116	118		SECTION 2. The change in law made by this Act relating to
117	119		the death of a member of the Texas military forces applies only in
118	120		relation to a death that occurs on or after the effective date of
119	121		this Act. Matters regarding eligibility, payment, and benefits
120	122		under Chapter 615, Government Code, in relation to a death that
121	123		occurs before the effective date of this Act are governed by the law
122	124		in effect on the date the death occurs, and the former law is
123	125		continued in effect for that purpose.
124	126		SECTION 3. This Act takes effect September 1, 2019.