Texas 2023 - 88th Regular

Texas House Bill HB3818 Compare Versions

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1	1	88R2161 BDP-D
2	2	By: Herrero H.B. No. 3818
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to financial assistance paid to survivors of certain
8	8	public school employees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 6, Government Code, is amended
11	11	by adding Chapter 615A to read as follows:
12	12	CHAPTER 615A. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN PUBLIC
13	13	SCHOOL EMPLOYEES
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 615A.001. DEFINITIONS. In this chapter:
16	16	(1) "Deadly weapon" means:
17	17	(A) a firearm or anything manifestly designed,
18	18	made, or adapted for the purpose of inflicting death or serious
19	19	bodily injury; or
20	20	(B) anything that in the manner of its use or
21	21	intended use is capable of causing death or serious bodily injury.
22	22	(2) "Employer" has the meaning assigned by Section
23	23	821.001.
24	24	(3) "Firearm" means any device designed, made, or
25	25	adapted to expel a projectile through a barrel by using the energy
26	26	generated by an explosion or burning substance or any device
27	27	readily convertible to that use.
28	28	(4) "Minor child" means a child who:
29	29	(A) on the date of the death of a public school
30	30	employee, is younger than 18 years of age; and
31	31	(B) if the child is not a biological or adopted
32	32	child, was claimed as a dependent on the federal income tax return
33	33	of a public school employee for the year preceding the year of the
34	34	employee's death.
35	35	(5) "Personal injury" means physical or mental harm.
36	36	(6) "Public school" has the meaning assigned by
37	37	Section 821.001.
38	38	(7) "Public school employee" means a person who is
39	39	employed, as determined by the retirement system, by a public
40	40	school.
41	41	(8) "Retirement system" means the Teacher Retirement
42	42	System of Texas.
43	43	Sec. 615A.002. ADMINISTRATION OF CHAPTER. The board of
44	44	trustees of the Teacher Retirement System of Texas shall administer
45	45	this chapter under rules adopted by the board.
46	46	Sec. 615A.003. APPLICABILITY. This chapter applies only to
47	47	eligible survivors of a public school employee.
48	48	Sec. 615A.004. EFFECT OF AWARD. (a) A finding that
49	49	assistance is payable to an eligible survivor of a public school
50	50	employee is not a declaration of the cause, nature, or effect of a
51	51	death for any other purpose.
52	52	(b) A finding that a death is within the provisions of this
53	53	chapter does not affect another claim or cause of action arising
54	54	from or connected to the death.
55	55	Sec. 615A.005. ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT.
56	56	(a) Assistance payable under this chapter is not transferable or
57	57	assignable at law or in equity.
58	58	(b) Money paid or payable under this chapter is not subject
59	59	to execution, levy, attachment, garnishment, or other legal process
60	60	or to the operation of any insolvency law.
61	61	Sec. 615A.006. LIMITATION ON ASSISTANCE. A survivor may
62	62	not receive payment of assistance under this chapter for a loss or
63	63	expense for which the survivor or another person has already
64	64	received compensation under a claim for compensation under Chapter
65	65	56B, Code of Criminal Procedure.
66	66	SUBCHAPTER B. PAYMENTS TO ELIGIBLE SURVIVORS
67	67	Sec. 615A.101. ELIGIBLE SURVIVORS. (a) A survivor of a
68	68	public school employee is eligible for the payment of assistance
69	69	under this chapter if:
70	70	(1) the employee was a victim who died from a personal
71	71	injury sustained as a result of an event or occurrence involving the
72	72	use of a firearm or other deadly weapon and that event or occurrence
73	73	happened while the employee was:
74	74	(A) in or on the grounds of a public school, even
75	75	if the event or occurrence happened before or after the employee's
76	76	regular work hours;
77	77	(B) traveling to or from a regular session of
78	78	school; or
79	79	(C) attending or traveling to or from an official
80	80	school-sponsored or school-related event; and
81	81	(2) the survivor is:
82	82	(A) the surviving spouse of the employee;
83	83	(B) a surviving child of the employee, if there
84	84	is no surviving spouse; or
85	85	(C) a surviving parent of the employee, if there
86	86	is no surviving spouse or child.
87	87	(b) Payment of assistance may not occur under this chapter
88	88	unless the survivor is eligible under Subsection (a).
89	89	(c) In a determination of whether the survivor of a public
90	90	school employee is eligible for payment of assistance under this
91	91	chapter, any reasonable doubt arising from the circumstances of the
92	92	employee's death shall be resolved in favor of the payment of
93	93	assistance to the survivor.
94	94	Sec. 615A.102. PAYMENT TO SURVIVORS. (a) If there is an
95	95	eligible surviving spouse, the state shall pay the benefits
96	96	described by Subsection (d) to the eligible surviving spouse.
97	97	(b) If there is no eligible surviving spouse, the state
98	98	shall pay the benefits described by Subsection (d) in equal shares
99	99	to surviving children.
100	100	(c) If there is no eligible surviving spouse or child, the
101	101	state shall pay the benefits described by Subsection (d) in equal
102	102	shares to surviving parents.
103	103	(d) An eligible survivor, or eligible survivors in equal
104	104	shares, are entitled to receive a lump sum payment in the amount
105	105	provided by this subsection. The lump sum payment amount payable to
106	106	an eligible survivor during the 12 months beginning September 1,
107	107	2023, is $500,000. Effective September 1 of each following year,
108	108	the board of trustees of the retirement system by rule shall adjust
109	109	the amount of the lump sum payment required under this subsection by
110	110	an amount equal to the percentage change in the Consumer Price Index
111	111	for All Urban Consumers, published by the Bureau of Labor
112	112	Statistics of the United States Department of Labor for the
113	113	preceding year. The amount paid to an eligible survivor or
114	114	survivors as adjusted under this subsection is calculated based on
115	115	the date of the decedent's death and not on the date the eligible
116	116	survivor or survivors file a claim under this chapter.
117	117	Sec. 615A.103. PAYMENT TO SURVIVING MINOR CHILD. (a) The
118	118	state shall pay to the duly appointed or qualified guardian or other
119	119	legal representative of an eligible surviving minor child:
120	120	(1) $400 each month, if there is one surviving child;
121	121	(2) $600 each month, if there are two surviving
122	122	children; or
123	123	(3) $800 each month, if there are three or more
124	124	surviving children.
125	125	(b) A child's entitlement to assistance payable under this
126	126	section ends on the last day of the month that includes the child's
127	127	18th birthday. At that time, payments to any other surviving minor
128	128	children shall be adjusted, as necessary, to conform to the amounts
129	129	payable under Subsection (a).
130	130	(c) A payment under this section is in addition to any
131	131	payment made under Section 615A.102.
132	132	SUBCHAPTER C. ADMINISTRATION AND PROCEDURE
133	133	Sec. 615A.201. CONSIDERATION AND DETERMINATION OF CLAIM;
134	134	COMPELLED COMPLIANCE. (a) Not later than the 30th day after the
135	135	date of the death of a public school employee in a manner described
136	136	by Section 615A.101(a)(1), the employee's employer shall furnish to
137	137	the board of trustees of the retirement system proof of the death in
138	138	the form and with additional evidence and information required by
139	139	the board. The employer shall furnish the evidence and information
140	140	required under this subsection regardless of whether the employing
141	141	entity believes the employee's death satisfies the eligibility
142	142	requirements established under Section 615A.101(a)(1).
143	143	(b) The board of trustees shall consider the proof,
144	144	evidence, and information provided under Subsection (a), and any
145	145	additional information required by the rules adopted in accordance
146	146	with Section 615A.002, to determine whether the employee's death
147	147	satisfies the eligibility requirements established under Section
148	148	615A.101(a)(1) and justifies the payment of assistance to the
149	149	employee's eligible survivors under this chapter.
150	150	(c) If the employee's employer fails to comply with
151	151	Subsection (a), the attorney general may use any means authorized
152	152	by law, including filing suit for a writ of mandamus against the
153	153	employer, to compel the employer's compliance with this section.
154	154	Sec. 615A.202. AWARD AND PAYMENT OF ASSISTANCE. (a) The
155	155	retirement system shall notify the comptroller of the retirement
156	156	system's determination that a claim under this chapter is valid and
157	157	justifies payment.
158	158	(b) On receipt of notice, the comptroller shall issue a
159	159	warrant to each claimant in the proper amount from the fund
160	160	appropriated for that purpose.
161	161	(c) Payments under this chapter on behalf of a surviving
162	162	child are payable beginning on the first day of the first month
163	163	after the death of the public school employee.
164	164	Sec. 615A.203. DENIAL OF CLAIM. If the retirement system
165	165	denies a claim, the retirement system shall send a notice of the
166	166	denial to:
167	167	(1) the person making the claim; or
168	168	(2) the duly qualified guardian or legal
169	169	representative of a surviving minor child, if a claim is being made
170	170	on behalf of the child.
171	171	Sec. 615A.204. APPEALS. (a) An eligible survivor or the
172	172	eligible survivor's legal representative whose claim for payment is
173	173	denied may appeal the denial to the board of trustees of the
174	174	retirement system.
175	175	(b) An appeal under this section is considered to be an
176	176	appeal of a contested case under Chapter 2001 and shall be conducted
177	177	in the same manner as an appeal described by Section 825.115.
178	178	(c) Judicial review of a decision under this section is
179	179	under the substantial evidence rule as provided by Chapter 2001.
180	180	Sec. 615A.205. RECORDS. (a) Records of public school
181	181	employees and of survivors eligible for benefits under this chapter
182	182	that are in the custody of the retirement system, an administering
183	183	firm as defined by Section 1579.002, Insurance Code, a carrier as
184	184	defined by Section 1575.002, Insurance Code, or another
185	185	governmental agency acting with or on behalf of the retirement
186	186	system are confidential and not subject to public disclosure, and
187	187	the retirement system, administering firm, carrier, or
188	188	governmental agency is not required to accept or comply with a
189	189	request for a record or information about a record or to seek an
190	190	opinion from the attorney general, because the records are exempt
191	191	from the provisions of Chapter 552, except as otherwise provided by
192	192	this section.
193	193	(b) Records may be released to an eligible survivor or to an
194	194	authorized attorney, family member, or representative acting on
195	195	behalf of the eligible survivor. The retirement system may release
196	196	the records to an administering firm, carrier, agent, or attorney
197	197	acting on behalf of the retirement system, to another governmental
198	198	entity having a legitimate need for the information to perform the
199	199	purposes of the retirement system, or to a party in response to a
200	200	subpoena issued under applicable law.
201	201	(c) A record released or received by the retirement system
202	202	under this section may be transmitted electronically, including
203	203	through the use of an electronic signature or certification in a
204	204	form acceptable to the retirement system. An unintentional
205	205	disclosure to, or unauthorized access by, a third party related to
206	206	the transmission or receipt of information under this section is
207	207	not a violation by the retirement system of any law, including a law
208	208	or rule relating to the protection of confidential information.
209	209	(d) The records of public school employees and of eligible
210	210	survivors remain confidential after release to a person as
211	211	authorized by this section. The records of public school employees
212	212	and of eligible survivors may become part of the public record of an
213	213	administrative or judicial proceeding related to an appeal filed
214	214	under this chapter, unless the records are closed to public access
215	215	by a protective order issued under applicable law.
216	216	(e) The retirement system has sole discretion in
217	217	determining whether a record is subject to this section. For
218	218	purposes of this section, a record includes any identifying
219	219	information about any person, living or deceased, who is or was:
220	220	(1) a public school employee; or
221	221	(2) a survivor, heir, or beneficiary of a public
222	222	school employee.
223	223	SUBCHAPTER D. ADDITIONAL BENEFITS FOR ELIGIBLE SURVIVORS
224	224	Sec. 615A.301. PAYMENTS TO SURVIVING SPOUSE. (a) In this
225	225	section, "public retirement system" has the meaning assigned by
226	226	Section 802.001.
227	227	(b) The state shall pay the following benefits to an
228	228	eligible surviving spouse of a public school employee whose death
229	229	satisfies the eligibility requirements established under Section
230	230	615A.101(a)(1) and who had not qualified for an annuity under a
231	231	public retirement system:
232	232	(1) funeral expenses related to the deceased employee;
233	233	and
234	234	(2) monthly payments that equal the monthly annuity
235	235	payment the deceased employee would have received if the employee
236	236	had survived, had retired on the last day of the month in which the
237	237	employee died, and had been eligible to receive an annuity under a
238	238	public retirement system.
239	239	(c) The surviving spouse is entitled to continue to receive
240	240	monthly payments under Subsection (b) until the earlier of:
241	241	(1) the date the surviving spouse remarries;
242	242	(2) the date the surviving spouse becomes eligible for
243	243	a service retirement benefit under a public retirement system; or
244	244	(3) the date the surviving spouse becomes eligible for
245	245	Social Security benefits.
246	246	(d) The retirement system may require the surviving spouse
247	247	to provide information as necessary to administer this section.
248	248	(e) The board of trustees of the retirement system may adopt
249	249	rules necessary to administer this section, including rules:
250	250	(1) setting the maximum amount of funeral expenses
251	251	payable under this subchapter; and
252	252	(2) calculating the survivor benefits payable under
253	253	this subchapter.
254	254	(f) The retirement system shall apply reduction factors, as
255	255	applicable to an annuity payable under this section, in the same
256	256	manner the factors are applied to a benefit plan administered by the
257	257	system.
258	258	Sec. 615A.302. PAYMENTS TO SURVIVING MINOR CHILDREN. If a
259	259	public school employee whose death satisfies the eligibility
260	260	requirements established under Section 615A.101(a)(1) did not have
261	261	an eligible surviving spouse who would be entitled to benefits
262	262	under Section 615A.301 at the time of the employee's death does have
263	263	one or more eligible surviving minor children, the state shall pay
264	264	to the guardian or other legal representative of those children the
265	265	funeral expenses of the deceased employee.
266	266	Sec. 615A.303. BENEFITS ADDITIONAL. The benefits provided
267	267	by this subchapter are in addition to any other benefits provided by
268	268	this chapter.
269	269	SECTION 2. The changes in law made by this Act apply only to
270	270	the death of a public school employee that occurs on or after the
271	271	effective date of this Act. A death that occurred before the
272	272	effective date of this Act is governed by the law in effect when the
273	273	death occurred, and that law is continued in effect for that
274	274	purpose.
275	275	SECTION 3. This Act takes effect September 1, 2023.