| 1 | 1 | | 86R13138 KFF-D |
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| 2 | 2 | | By: Flynn H.B. No. 3715 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to assignment of certain death benefits payable by the |
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| 8 | 8 | | Employees Retirement System of Texas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 814, Government Code, is |
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| 11 | 11 | | amended by adding Section 814.404 to read as follows: |
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| 12 | 12 | | Sec. 814.404. ASSIGNMENT OF DEATH BENEFIT FOR FUNERAL |
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| 13 | 13 | | SERVICES. (a) A beneficiary to whom a benefit is payable under |
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| 14 | 14 | | this subchapter may by assignment provide that part or all of the |
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| 15 | 15 | | benefit be paid in consideration for services provided in |
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| 16 | 16 | | connection with the death of the member directly to a funeral |
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| 17 | 17 | | director or funeral establishment licensed under: |
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| 18 | 18 | | (1) Chapter 651, Occupations Code; or |
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| 19 | 19 | | (2) the comparable law of another state. |
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| 20 | 20 | | (b) The board of trustees by rule may establish requirements |
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| 21 | 21 | | for forms, documentation, and procedures necessary for an effective |
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| 22 | 22 | | assignment under this section. |
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| 23 | 23 | | SECTION 2. Subchapter F, Chapter 814, Government Code, is |
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| 24 | 24 | | amended by adding Section 814.504 to read as follows: |
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| 25 | 25 | | Sec. 814.504. ASSIGNMENT OF DEATH BENEFIT FOR FUNERAL |
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| 26 | 26 | | SERVICES. (a) A beneficiary to whom a benefit is payable under |
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| 27 | 27 | | this subchapter may by assignment provide that part or all of the |
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| 28 | 28 | | benefit be paid in consideration for services provided in |
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| 29 | 29 | | connection with the death of the retiree directly to a funeral |
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| 30 | 30 | | director or funeral establishment licensed under: |
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| 31 | 31 | | (1) Chapter 651, Occupations Code; or |
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| 32 | 32 | | (2) the comparable law of another state. |
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| 33 | 33 | | (b) The board of trustees by rule may establish requirements |
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| 34 | 34 | | for forms, documentation, and procedures necessary for an effective |
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| 35 | 35 | | assignment under this section. |
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| 36 | 36 | | SECTION 3. (a) As soon as practicable after the effective |
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| 37 | 37 | | date of this Act, but not later than January 1, 2020, the board of |
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| 38 | 38 | | trustees of the Employees Retirement System of Texas shall adopt |
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| 39 | 39 | | rules to implement Sections 814.404 and 814.504, Government Code, |
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| 40 | 40 | | as added by this Act. |
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| 41 | 41 | | (b) The change in law made by this Act by the enactment of |
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| 42 | 42 | | Sections 814.404 and 814.504, Government Code, applies only to a |
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| 43 | 43 | | benefit that is payable on or after January 1, 2020. A benefit that |
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| 44 | 44 | | is payable before that date is governed by the law in effect |
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| 45 | 45 | | immediately before January 1, 2020, and the former law is continued |
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| 46 | 46 | | in effect for that purpose. |
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| 47 | 47 | | SECTION 4. (a) Except as provided by Subsection (b) of |
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| 48 | 48 | | this section, this Act takes effect September 1, 2019. |
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| 49 | 49 | | (b) Sections 814.404 and 814.504, Government Code, as added |
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| 50 | 50 | | by this Act, take effect January 1, 2020. |
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