86R13138 KFF-D
By: Flynn H.B. No. 3715
A BILL TO BE ENTITLED
AN ACT
relating to assignment of certain death benefits payable by the
Employees Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 814, Government Code, is
amended by adding Section 814.404 to read as follows:
Sec. 814.404. ASSIGNMENT OF DEATH BENEFIT FOR FUNERAL
SERVICES. (a) A beneficiary to whom a benefit is payable under
this subchapter may by assignment provide that part or all of the
benefit be paid in consideration for services provided in
connection with the death of the member directly to a funeral
director or funeral establishment licensed under:
(1) Chapter 651, Occupations Code; or
(2) the comparable law of another state.
(b) The board of trustees by rule may establish requirements
for forms, documentation, and procedures necessary for an effective
assignment under this section.
SECTION 2. Subchapter F, Chapter 814, Government Code, is
amended by adding Section 814.504 to read as follows:
Sec. 814.504. ASSIGNMENT OF DEATH BENEFIT FOR FUNERAL
SERVICES. (a) A beneficiary to whom a benefit is payable under
this subchapter may by assignment provide that part or all of the
benefit be paid in consideration for services provided in
connection with the death of the retiree directly to a funeral
director or funeral establishment licensed under:
(1) Chapter 651, Occupations Code; or
(2) the comparable law of another state.
(b) The board of trustees by rule may establish requirements
for forms, documentation, and procedures necessary for an effective
assignment under this section.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, but not later than January 1, 2020, the board of
trustees of the Employees Retirement System of Texas shall adopt
rules to implement Sections 814.404 and 814.504, Government Code,
as added by this Act.
(b) The change in law made by this Act by the enactment of
Sections 814.404 and 814.504, Government Code, applies only to a
benefit that is payable on or after January 1, 2020. A benefit that
is payable before that date is governed by the law in effect
immediately before January 1, 2020, and the former law is continued
in effect for that purpose.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2019.
(b) Sections 814.404 and 814.504, Government Code, as added
by this Act, take effect January 1, 2020.