| 1 | 1 | | 86R6336 YDB-F |
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| 2 | 2 | | By: Flores S.B. No. 1396 |
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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 claims for financial assistance for survivors of |
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| 8 | 8 | | certain public employees killed in the line of duty. |
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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. Section 615.041, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 615.041. CONSIDERATION AND DETERMINATION [PROOF] OF |
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| 13 | 13 | | CLAIM; COMPELLED COMPLIANCE. (a) As soon as practicable after |
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| 14 | 14 | | the death of an individual listed under Section 615.003 that occurs |
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| 15 | 15 | | in the performance of duties in the individual's position as |
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| 16 | 16 | | described by Section 615.003 or as a result of an action that occurs |
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| 17 | 17 | | while the individual is performing those duties [is claimed to meet |
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| 18 | 18 | | the requirements of Section 615.021(1)], the individual's |
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| 19 | 19 | | employing entity shall furnish to the board of trustees of the |
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| 20 | 20 | | Employees Retirement System of Texas proof of the death in the form |
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| 21 | 21 | | and with additional evidence and information required by the board. |
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| 22 | 22 | | (b) The board of trustees shall consider the proof, |
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| 23 | 23 | | evidence, and information provided under Subsection (a) and |
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| 24 | 24 | | determine whether the individual's death satisfies the eligibility |
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| 25 | 25 | | requirements established under Section 615.021(a)(1) and justifies |
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| 26 | 26 | | the payment of assistance to the individual's eligible survivors |
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| 27 | 27 | | under this chapter. |
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| 28 | 28 | | (c) If the individual's employing entity fails to comply |
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| 29 | 29 | | with Subsection (a), the attorney general may use any means |
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| 30 | 30 | | authorized by law, including filing suit for a writ of mandamus |
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| 31 | 31 | | against the employer, to compel the employer's compliance with this |
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| 32 | 32 | | section. |
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| 33 | 33 | | SECTION 2. Section 615.041, Government Code, as amended by |
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| 34 | 34 | | this Act, applies to the payment of assistance in connection with a |
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| 35 | 35 | | death that occurs on or after the effective date of this Act. The |
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| 36 | 36 | | payment of assistance in connection with a death that occurs before |
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| 37 | 37 | | the effective date of this Act is governed by the law in effect |
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| 38 | 38 | | immediately before the effective date of this Act, and that law is |
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| 39 | 39 | | continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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