Texas 2023 - 88th Regular

Texas House Bill HB90 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 90
2	2
3	3
4	4	AN ACT
5	5	relating to benefits for certain members of the Texas military
6	6	forces and survivors of members of the Texas military forces.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act may be cited as the Bishop Evans Act.
9	9	SECTION 2. Subchapter C, Chapter 56B, Code of Criminal
10	10	Procedure, is amended by adding Article 56B.109 to read as follows:
11	11	Art. 56B.109. COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS
12	12	OF TEXAS MILITARY FORCES. (a) In this article, "state active
13	13	duty," "Texas military forces," and "Texas National Guard" have the
14	14	meanings assigned by Section 437.001, Government Code.
15	15	(b) The attorney general shall award a lump sum payment in
16	16	accordance with Subsection (c) to a claimant on behalf of an
17	17	individual who is a victim of border crime and a member of the Texas
18	18	military forces if:
19	19	(1) the individual died on or after March 6, 2021, but
20	20	before September 1, 2023, while on state active duty;
21	21	(2) the individual's death was in connection with
22	22	operations initiated to address criminal activity in the border
23	23	region; and
24	24	(3) the claimant is:
25	25	(A) if the individual is a member of the Texas
26	26	National Guard, a beneficiary designated by the individual on the
27	27	individual's United States Department of Defense Form DD-93; or
28	28	(B) if the individual is not a member of the Texas
29	29	National Guard or there is no beneficiary described by Paragraph
30	30	(A):
31	31	(i) the surviving spouse of the individual;
32	32	(ii) a surviving child of the individual,
33	33	if there is no surviving spouse; or
34	34	(iii) the surviving parent of the
35	35	individual, if there is no surviving spouse or child.
36	36	(c) For purposes of Subsection (b), the lump sum payment
37	37	amount payable to an eligible claimant is:
38	38	(1) if there is a claimant described by Subsection
39	39	(b)(3)(A) or (B)(i), $500,000 paid to the claimant; or
40	40	(2) if there is no claimant described by Subsection
41	41	(b)(3)(A) or (B)(i), $500,000, in equal shares:
42	42	(A) paid to each claimant described by Subsection
43	43	(b)(3)(B)(ii); or
44	44	(B) paid to each claimant described by Subsection
45	45	(b)(3)(B)(iii) if there is no claimant described by Subsection
46	46	(b)(3)(B)(ii).
47	47	(d) This article may not be construed to limit the
48	48	assistance or compensation a claimant may otherwise receive under
49	49	this chapter.
50	50	(e) For purposes of this article, a beneficiary designated
51	51	by an individual on the individual's United States Department of
52	52	Defense Form DD-93 is a "claimant."
53	53	SECTION 3. Section 615.004(a), Government Code, is amended
54	54	to read as follows:
55	55	(a) A finding that assistance is payable to an eligible
56	56	survivor of an individual listed under Section 615.003 or 615.024
57	57	is not a declaration of the cause, nature, or effect of a death for
58	58	any other purpose.
59	59	SECTION 4. Section 615.021(b), Government Code, is amended
60	60	to read as follows:
61	61	(b) Payment of assistance may not occur under this
62	62	subchapter unless an individual is eligible under Subsection (a) or
63	63	Section 615.024.
64	64	SECTION 5. Subchapter B, Chapter 615, Government Code, is
65	65	amended by adding Section 615.024 to read as follows:
66	66	Sec. 615.024. PAYMENT TO SURVIVORS OF MEMBERS OF TEXAS
67	67	MILITARY FORCES. (a) In this section, "state active duty," "Texas
68	68	military forces," and "Texas National Guard" have the meanings
69	69	assigned by Section 437.001.
70	70	(b) Notwithstanding Section 615.003 or 615.021, a survivor
71	71	of an individual who is a member of the Texas military forces is
72	72	eligible to receive a lump sum payment described by Section 615.022
73	73	and monthly assistance described by Section 615.023, as applicable,
74	74	which are the exclusive benefits available under this chapter, if:
75	75	(1) the individual died while on state active duty;
76	76	(2) the Texas Military Department certifies to the
77	77	Employees Retirement System of Texas that the circumstances of the
78	78	individual's death entitle an eligible survivor to the payment of
79	79	assistance under this chapter; and
80	80	(3) the survivor is:
81	81	(A) if the individual is a member of the Texas
82	82	National Guard, a beneficiary designated by the individual on the
83	83	individual's United States Department of Defense Form DD-93; or
84	84	(B) if the individual is not a member of the Texas
85	85	National Guard or there is no beneficiary described by Paragraph
86	86	(A):
87	87	(i) the surviving spouse of the individual;
88	88	(ii) a surviving child of the individual,
89	89	if there is no surviving spouse; or
90	90	(iii) the surviving parent of the
91	91	individual, if there is no surviving spouse or child.
92	92	(c) The Texas Military Department shall adopt rules
93	93	providing the circumstances under which the death of an individual
94	94	described by Subsection (b) entitles an eligible survivor to the
95	95	payment of assistance under this chapter.
96	96	SECTION 6. Sections 615.045(a), (c), and (d), Government
97	97	Code, are amended to read as follows:
98	98	(a) Records of individuals listed by Section 615.003 or
99	99	described by Section 615.024 and of survivors eligible for benefits
100	100	under this chapter that are in the custody of the Employees
101	101	Retirement System of Texas, an administering firm as defined by
102	102	Section 1551.003, Insurance Code, a carrier as defined by Section
103	103	1551.007, Insurance Code, or another governmental agency acting
104	104	with or on behalf of the retirement system are confidential and not
105	105	subject to public disclosure, and the retirement system,
106	106	administering firm, carrier, or governmental agency is not required
107	107	to accept or comply with a request for a record or information about
108	108	a record or to seek an opinion from the attorney general, because
109	109	the records are exempt from the provisions of Chapter 552, except as
110	110	otherwise provided by this section.
111	111	(c) The records of individuals listed by Section 615.003 or
112	112	described by Section 615.024 and of eligible survivors remain
113	113	confidential after release to a person as authorized by this
114	114	section. The records of individuals listed by Section 615.003 or
115	115	described by Section 615.024 and of eligible survivors may become
116	116	part of the public record of an administrative or judicial
117	117	proceeding related to an appeal filed under this chapter, unless
118	118	the records are closed to public access by a protective order issued
119	119	under applicable law.
120	120	(d) The retirement system has sole discretion in
121	121	determining whether a record is subject to this section. For
122	122	purposes of this section, a record includes any identifying
123	123	information about any person, living or deceased, who is or was:
124	124	(1) an individual listed in Section 615.003 or
125	125	described by Section 615.024; or
126	126	(2) a survivor, heir, or beneficiary of an individual
127	127	listed in Section 615.003 or described by Section 615.024.
128	128	SECTION 7. Subchapter C, Chapter 401, Labor Code, is
129	129	amended by adding Section 401.027 to read as follows:
130	130	Sec. 401.027. APPLICABILITY TO CERTAIN MEMBERS OF TEXAS
131	131	MILITARY FORCES. (a) In this section, "state active duty," "state
132	132	training and other duty," and "Texas military forces" have the
133	133	meanings assigned by Section 437.001, Government Code.
134	134	(b) For purposes of this subtitle, the travel of a member of
135	135	the Texas military forces to or from the member's duty location
136	136	while serving on state active duty and engaged in authorized duty
137	137	under written orders or while on state training and other duty is
138	138	considered to be in the course and scope of the member's employment.
139	139	SECTION 8. Section 501.001, Labor Code, is amended by
140	140	adding Subdivisions (5-a) and (6-a) to read as follows:
141	141	(5-a) "Post-traumatic stress disorder" has the
142	142	meaning assigned by Section 504.019.
143	143	(6-a) "State active duty" and "Texas military forces"
144	144	have the meanings assigned by Section 437.001, Government Code.
145	145	SECTION 9. Subchapter B, Chapter 501, Labor Code, is
146	146	amended by adding Sections 501.027, 501.028, and 501.029 to read as
147	147	follows:
148	148	Sec. 501.027. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER
149	149	FOR MEMBERS OF TEXAS MILITARY FORCES. (a) Post-traumatic stress
150	150	disorder suffered by a member of the Texas military forces on state
151	151	active duty is a compensable injury under this subtitle only if it
152	152	is based on a diagnosis that:
153	153	(1) the disorder is caused by one or more events
154	154	occurring in the course and scope of the member's state active duty;
155	155	and
156	156	(2) the preponderance of evidence indicates that the
157	157	event or events were a producing cause of the disorder.
158	158	(b) For purposes of this subtitle, the date of injury for
159	159	post-traumatic stress disorder suffered by a member of the Texas
160	160	military forces is the date on which the member knew or should have
161	161	known that the disorder may be related to the member's state active
162	162	duty.
163	163	Sec. 501.028. EXPEDITED PROVISION OF MEDICAL BENEFITS FOR
164	164	CERTAIN INJURIES SUSTAINED BY CERTAIN MEMBERS OF TEXAS MILITARY
165	165	FORCES ON STATE ACTIVE DUTY. (a) This section applies only to a
166	166	member of the Texas military forces who sustains a serious bodily
167	167	injury, as defined by Section 1.07, Penal Code, on state active
168	168	duty.
169	169	(b) An insurance carrier shall accelerate and give priority
170	170	to a claim for medical benefits by a member of the Texas military
171	171	forces to which this section applies, including all health care
172	172	required to cure or relieve the effects naturally resulting from a
173	173	compensable injury described by Subsection (a).
174	174	(c) The division shall accelerate, under rules adopted by
175	175	the commissioner of workers' compensation, a contested case hearing
176	176	requested by or an appeal submitted by a member of the Texas
177	177	military forces to which this section applies regarding the denial
178	178	of a claim for medical benefits, including all health care required
179	179	to cure or relieve the effects naturally resulting from a
180	180	compensable injury described by Subsection (a). The member shall
181	181	provide notice to the division and independent review organization
182	182	that the contested case or appeal involves a member of the Texas
183	183	military forces.
184	184	Sec. 501.029. INTENT OF EXPEDITED PROVISION OF MEDICAL
185	185	BENEFITS FOR CERTAIN INJURIES SUSTAINED BY CERTAIN MEMBERS OF TEXAS
186	186	MILITARY FORCES. The purpose of Section 501.028 is to ensure that a
187	187	claim for medical benefits by an injured member of the Texas
188	188	military forces to which this section applies is accelerated by an
189	189	insurance carrier to the full extent authorized by current law.
190	190	SECTION 10. (a) The changes in law made by this Act to
191	191	Chapter 615, Government Code, relating to the death of a member of
192	192	the Texas military forces applies only to a death that occurs on or
193	193	after the effective date of this Act. For purposes of that chapter,
194	194	the death of a member of the Texas military forces that occurs
195	195	before the effective date of this Act is governed by the law in
196	196	effect on the date the death occurred, and the former law is
197	197	continued in effect for that purpose.
198	198	(b) The changes in law made by this Act relating to a claim
199	199	for workers' compensation benefits by a member of the Texas
200	200	military forces apply only to a claim for workers' compensation
201	201	benefits based on a compensable injury that occurs on or after the
202	202	effective date of this Act. A claim based on a compensable injury
203	203	that occurs before that date is governed by the law in effect on the
204	204	date that the compensable injury occurred, and the former law is
205	205	continued in effect for that purpose.
206	206	SECTION 11. This Act takes effect September 1, 2023.
207	207	______________________________ ______________________________
208	208	President of the Senate Speaker of the House
209	209	I certify that H.B. No. 90 was passed by the House on April
210	210	12, 2023, by the following vote: Yeas 146, Nays 0, 2 present, not
211	211	voting; and that the House concurred in Senate amendments to H.B.
212	212	No. 90 on May 24, 2023, by the following vote: Yeas 143, Nays 0, 1
213	213	present, not voting.
214	214	______________________________
215	215	Chief Clerk of the House
216	216	I certify that H.B. No. 90 was passed by the Senate, with
217	217	amendments, on May 19, 2023, by the following vote: Yeas 31, Nays
218	218	0.
219	219	______________________________
220	220	Secretary of the Senate
221	221	APPROVED: __________________
222	222	Date
223	223	__________________
224	224	Governor