Bill Text: TX HB1526 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the provision of certain state benefits to certain peace officers and certain active and retired employees of community supervision and corrections departments.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB1526 Detail]

Download: Texas-2017-HB1526-Enrolled.html

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H.B. No. 1526

AN ACT
relating to the provision of certain state benefits to certain
peace officers and certain active and retired employees of
community supervision and corrections departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 615.003, Government Code, is amended to
read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual:
(A) elected, appointed, or employed as a peace
officer by the state or a political subdivision of the state under
Article 2.12, Code of Criminal Procedure, or other law; or
(B) employed as a peace officer by a private
institution of higher education, including a private junior
college, that is located in this state under Section 51.212,
Education Code;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the Texas Department
of Criminal Justice who has the duties set out in Section 508.001
and the qualifications set out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions division formally designated as
custodial personnel under Section 615.006 by the Texas Board of
Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Texas Commission on Law
Enforcement;
(8) a juvenile correctional employee of the Texas
Juvenile Justice Department;
(9) an employee of the Department of Aging and
Disability Services or Department of State Health Services who:
(A) works at the department's maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code;
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice;
(15) an individual who is employed by the state or a
political subdivision of the state and who is considered by the
governmental employer to be a trainee for a position otherwise
described by this section;
(16) an individual who is employed by the Department
of Public Safety and, as certified by the director, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations; or
(17) an individual who is employed by the Parks and
Wildlife Department and, as certified by the executive director of
the Parks and Wildlife Department, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations.
SECTION 2. Sections 1551.114(e), (f), and (g), Insurance
Code, are amended to read as follows:
(e) The state [An active employee described by Subsection
(d) is not eligible to receive a state contribution under
Subchapter G for premiums. The community justice assistance
division of the Texas Department of Criminal Justice] is
responsible for payment of the contributions for each of a
department's participating active employees and the employees'
dependents [that the state would make] under Subchapter G [if the
employees were state employees. Each covered active employee shall
pay that portion of the cost of group coverages selected by the
employee that exceeds the amount of division contributions].
(f) A retired employee is eligible to participate in the
group benefits program on application to the board of trustees. On
application, a retired employee is automatically covered by the
basic coverage for annuitants unless the retired employee
specifically waives coverage or unless the retired employee is
expelled from the program. The state [A retired employee is not
eligible to receive a state contribution under Subchapter G for
premiums. The community justice assistance division of the Texas
Department of Criminal Justice] is responsible for payment of the
contributions for each of a department's retired employees and the
retired employees' participating dependents [that the state would
make] under Subchapter G [if the retired employees were retired
state employees. Each participating retired employee shall pay that
portion of the cost of group coverage selected by the retired
employee that exceeds the amount of division contributions]. The
retired employee shall pay contributions required from the retired
employee in the manner prescribed by the board of trustees. Each
community supervision and corrections department shall notify each
of its retired employees of the eligibility for participation and
the costs associated with participation.
(g) All contributions received under this section from the
state [community justice assistance division of the Texas
Department of Criminal Justice], active employees of community
supervision and corrections departments, and retired employees of
community supervision and corrections departments for basic,
optional, and voluntary coverages under the group benefits program
shall be paid into the employees life, accident, and health
insurance and benefits fund and shall be used by the board of
trustees to provide those coverages as provided by this chapter.
SECTION 3. Section 509.011(a-1), Government Code, and
Section 1551.322, Insurance Code, are repealed.
SECTION 4. The change in law made by this Act relating to
the death of peace officers employed by certain private
institutions of higher education located in this state applies only
in relation to a death that occurs on or after the effective date of
this Act. Matters regarding eligibility, payment, and benefits
under Chapter 615, Government Code, in relation to a death that
occurs before the effective date of this Act are governed by the law
in effect when the death occurs, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1526 was passed by the House on April
18, 2017, by the following vote: Yeas 139, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1526 on May 19, 2017, by the following vote: Yeas
141, Nays 1,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1526 was passed by the Senate, with
amendments, on May 16, 2017, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor