Texas 2023 - 88th Regular

Texas House Bill HB434 Compare Versions

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1	1	By: Leo-Wilson H.B. No. 434
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the provision of financial assistance to survivors of
7	7	certain members of the Texas military forces.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 615.003, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 615.003. APPLICABILITY. This chapter applies only to
12	12	eligible survivors of the following individuals:
13	13	(1) an individual:
14	14	(A) elected, appointed, or employed as a peace
15	15	officer by the state or a political subdivision of the state under
16	16	Article 2.12, Code of Criminal Procedure, or other law; or
17	17	(B) employed as a peace officer by a private
18	18	institution of higher education, including a private junior
19	19	college, that is located in this state under Section 51.212,
20	20	Education Code;
21	21	(2) a paid probation officer appointed by the director
22	22	of a community supervision and corrections department who has the
23	23	duties set out in Section 76.002 and the qualifications set out in
24	24	Section 76.005, or who was appointed in accordance with prior law;
25	25	(3) a parole officer employed by the Texas Department
26	26	of Criminal Justice who has the duties set out in Section 508.001
27	27	and the qualifications set out in Section 508.113 or in prior law;
28	28	(4) a paid jailer;
29	29	(5) a member of an organized police reserve or
30	30	auxiliary unit who regularly assists peace officers in enforcing
31	31	criminal laws;
32	32	(6) a member of the class of employees of the
33	33	correctional institutions division formally designated as
34	34	custodial personnel under Section 615.006 by the Texas Board of
35	35	Criminal Justice or its predecessor in function;
36	36	(7) a jailer or guard of a county jail who is appointed
37	37	by the sheriff and who:
38	38	(A) performs a security, custodial, or
39	39	supervisory function over the admittance, confinement, or
40	40	discharge of prisoners; and
41	41	(B) is certified by the Texas Commission on Law
42	42	Enforcement;
43	43	(8) a juvenile correctional employee of the Texas
44	44	Juvenile Justice Department;
45	45	(9) an employee of the Health and Human Services
46	46	Commission [Department of Aging and Disability Services or
47	47	Department of State Health Services] who:
48	48	(A) works at the commission's [department's]
49	49	maximum security unit; or
50	50	(B) performs on-site services for the Texas
51	51	Department of Criminal Justice;
52	52	(10) an individual who is employed by the state or a
53	53	political or legal subdivision and is subject to certification by
54	54	the Texas Commission on Fire Protection;
55	55	(11) an individual employed by the state or a
56	56	political or legal subdivision whose principal duties are aircraft
57	57	crash and rescue fire fighting;
58	58	(12) a member of an organized volunteer fire-fighting
59	59	unit that:
60	60	(A) renders fire-fighting services without
61	61	remuneration; and
62	62	(B) conducts a minimum of two drills each month,
63	63	each two hours long;
64	64	(13) an individual who:
65	65	(A) performs emergency medical services or
66	66	operates an ambulance;
67	67	(B) is employed by a political subdivision of the
68	68	state or is an emergency medical services volunteer as defined by
69	69	Section 773.003, Health and Safety Code; and
70	70	(C) is qualified as an emergency care attendant
71	71	or at a higher level of training under Section 773.046, 773.047,
72	72	773.048, 773.049, or 773.0495, Health and Safety Code;
73	73	(14) an individual who is employed or formally
74	74	designated as a chaplain for:
75	75	(A) an organized volunteer fire-fighting unit or
76	76	other fire department of this state or of a political subdivision of
77	77	this state;
78	78	(B) a law enforcement agency of this state or of a
79	79	political subdivision of this state; or
80	80	(C) the Texas Department of Criminal Justice;
81	81	(15) an individual who is employed by the state or a
82	82	political subdivision of the state and who is considered by the
83	83	governmental employer to be a trainee for a position otherwise
84	84	described by this section;
85	85	(16) an individual who is employed by the Department
86	86	of Public Safety and, as certified by the director, is:
87	87	(A) deployed into the field in direct support of
88	88	a law enforcement operation, including patrol, investigative,
89	89	search and rescue, crime scene, on-site communications, or special
90	90	operations; and
91	91	(B) given a special assignment in direct support
92	92	of operations relating to organized crime, criminal interdiction,
93	93	border security, counterterrorism, intelligence, traffic
94	94	enforcement, emergency management, regulatory services, or special
95	95	investigations; [or]
96	96	(17) an individual who is employed by the Parks and
97	97	Wildlife Department and, as certified by the executive director of
98	98	the Parks and Wildlife Department, is:
99	99	(A) deployed into the field in direct support of
100	100	a law enforcement operation, including patrol, investigative,
101	101	search and rescue, crime scene, on-site communications, or special
102	102	operations; and
103	103	(B) given a special assignment in direct support
104	104	of operations relating to organized crime, criminal interdiction,
105	105	border security, counterterrorism, intelligence, traffic
106	106	enforcement, emergency management, regulatory services, or special
107	107	investigations; or
108	108	(18) a member of the Texas military forces who is on
109	109	state active duty, as those terms are defined by Section 437.001.
110	110	SECTION 2. (a) The change in law made by this Act relating
111	111	to the death of a member of the Texas military forces applies only
112	112	in relation to a death that occurs on or after the effective date of
113	113	this Act. Matters regarding eligibility, payment, and benefits
114	114	under Chapter 615, Government Code, in relation to a death that
115	115	occurs before the effective date of this Act are governed by the law
116	116	in effect on the date the death occurs, and the former law is
117	117	continued in effect for that purpose.
118	118	(b) Notwithstanding Subsection (a) of this section, the
119	119	change in law made by this Act applies in relation to the death of a
120	120	member of the Texas military forces that occurs on or after May 31,
121	121	2021, if the member died while serving on state active duty as a
122	122	result of the disaster declaration issued by the governor under
123	123	Section 418.014, Government Code, relating to a surge of
124	124	individuals unlawfully crossing the Texas-Mexico border.
125	125	SECTION 3. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2023.