Texas 2019 - 86th Regular

Texas House Bill HB872 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 872
	1	+	By: Hefner, et al. (Senate Sponsor - Flores, Lucio) H.B. No. 872
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 13, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 13, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 872 By: Huffman
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to financial assistance paid to the survivors of certain
6	14		law enforcement officers and other public employees killed in the
7	15		line of duty.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 615.041, Government Code, is amended to
10	18		read as follows:
11	19		Sec. 615.041. CONSIDERATION AND DETERMINATION [PROOF] OF
12	20		CLAIM; COMPELLED COMPLIANCE. (a) Not later than the 30th day [As
13	21		soon as practicable] after the date of the death of an individual
14	22		listed under Section 615.003 that occurs in the performance of
15	23		duties in the individual's position as described by Section 615.003
16	24		or as a result of an action that occurs while the individual is
17	25		performing those duties [is claimed to meet the requirements of
18	26		Section 615.021(1)], the individual's employing entity shall
19	27		furnish to the board of trustees of the Employees Retirement System
20	28		of Texas proof of the death in the form and with additional evidence
21		-	and informat
22		-	ion required by the board. The employing entity shall
	29	+	and information required by the board. The employing entity shall
23	30		furnish the evidence and information required under this subsection
24	31		regardless of whether the employing entity believes the
25	32		individual's death satisfies the eligibility requirements
26	33		established under Section 615.021(a)(1).
27	34		(b) The board of trustees shall consider the proof,
28	35		evidence, and information provided under Subsection (a), and any
29	36		additional information required by the rules adopted in accordance
30	37		with Section 615.002, to determine whether the individual's death
31	38		satisfies the eligibility requirements established under Section
32	39		615.021(a)(1) and justifies the payment of assistance to the
33	40		individual's eligible survivors under this chapter.
34	41		(c) If the individual's employing entity fails to comply
35	42		with Subsection (a), the attorney general may use any means
36	43		authorized by law, including filing suit for a writ of mandamus
37	44		against the employer, to compel the employer's compliance with this
38	45		section.
39	46		SECTION 2. Section 615.121(a), Government Code, is amended
40	47		to read as follows:
41	48		(a) The state shall pay the following benefits to an
42	49		eligible surviving spouse of a peace officer, a jailer, a county
43	50		jailer or guard, or an employee of the Texas Department of Criminal
44	51		Justice, as described by Section 615.003(1), (4), [or] (6), or (7),
45	52		who was killed in the line of duty and who had not qualified for an
46	53		annuity under an employees' retirement plan:
47	54		(1) funeral expenses related to the deceased person
48	55		[officer or employee]; and
49	56		(2) monthly payments that equal the greater of:
50	57		(A) the monthly annuity payment the deceased
51	58		person [officer or employee] would have received if the deceased
52	59		person [officer or employee] had survived, had retired on the last
53	60		day of the month in which the person [officer or employee] died, and
54	61		had been eligible to receive an annuity under an employees'
55	62		retirement plan; or
56	63		(B) the minimum monthly annuity payment the
57	64		deceased person [officer or employee] would have received if the
58	65		person [officer or employee] had been employed by the state for 10
59	66		years, had been paid a salary at the lowest amount provided by the
60	67		General Appropriations Act for a position of peace officer, jailer,
61	68		county jailer or guard, or employee of the Texas Department of
62	69		Criminal Justice, as described by Section 615.003(1), (4), [or]
63	70		(6), or (7), and had been eligible to retire under the Employees
64	71		Retirement System of Texas.
65	72		SECTION 3. Section 615.041, Government Code, as amended by
66	73		this Act, applies to the payment of assistance in connection with a
67	74		death that occurs on or after the effective date of this Act. The
68	75		payment of assistance in connection with a death that occurs before
69	76		the effective date of this Act is governed by the law in effect
70	77		immediately before the effective date of this Act, and that law is
71	78		continued in effect for that purpose.
72	79		SECTION 4. Section 615.121(a), Government Code, as amended
73	80		by this Act, applies to a payment of assistance to survivors of
74	81		certain law enforcement officers and employees on or after the
75	82		effective date of this Act regardless of the date the officer or
76	83		employee died.
77	84		SECTION 5. This Act takes effect September 1, 2019.
78		-	______________________________ ______________________________
79		-	President of the Senate Speaker of the House
80		-	I certify that H.B. No. 872 was passed by the House on April
81		-	18, 2019, by the following vote: Yeas 129, Nays 3, 1 present, not
82		-	voting; and that the House concurred in Senate amendments to H.B.
83		-	No. 872 on May 23, 2019, by the following vote: Yeas 140, Nays 4, 1
84		-	present, not voting.
85		-	______________________________
86		-	Chief Clerk of the House
87		-	I certify that H.B. No. 872 was passed by the Senate, with
88		-	amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
89		-	0.
90		-	______________________________
91		-	Secretary of the Senate
92		-	APPROVED: __________________
93		-	Date
94		-	__________________
95		-	Governor
	85	+	* * * * *