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AN ACT
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relating to the provision of state death benefits to certain |
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employees of the Department of Public Safety of the State of Texas |
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and the Parks and Wildlife Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 615.003, Government Code, is amended to |
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read as follows: |
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Sec. 615.003. APPLICABILITY. This chapter applies only to |
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eligible survivors of the following individuals: |
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(1) an individual elected, appointed, or employed as a |
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peace officer by the state or a political subdivision of the state |
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under Article 2.12, Code of Criminal Procedure, or other law; |
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(2) a paid probation officer appointed by the director |
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of a community supervision and corrections department who has the |
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duties set out in Section 76.002 and the qualifications set out in |
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Section 76.005, or who was appointed in accordance with prior law; |
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(3) a parole officer employed by the Texas Department |
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of Criminal Justice who has the duties set out in Section 508.001 |
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and the qualifications set out in Section 508.113 or in prior law; |
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(4) a paid jailer; |
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(5) a member of an organized police reserve or |
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auxiliary unit who regularly assists peace officers in enforcing |
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criminal laws; |
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(6) a member of the class of employees of the |
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correctional institutions division formally designated as |
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custodial personnel under Section 615.006 by the Texas Board of |
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Criminal Justice or its predecessor in function; |
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(7) a jailer or guard of a county jail who is appointed |
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by the sheriff and who: |
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(A) performs a security, custodial, or |
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supervisory function over the admittance, confinement, or |
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discharge of prisoners; and |
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(B) is certified by the Commission on Law |
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Enforcement Officer Standards and Education; |
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(8) a juvenile correctional employee of the Texas |
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Juvenile Justice Department [Youth Commission]; |
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(9) an employee of the Department of Aging and |
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Disability Services or Department of State Health Services who: |
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(A) works at the department's maximum security |
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unit; or |
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(B) performs on-site services for the Texas |
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Department of Criminal Justice; |
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(10) an individual who is employed by the state or a |
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political or legal subdivision and is subject to certification by |
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the Texas Commission on Fire Protection; |
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(11) an individual employed by the state or a |
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political or legal subdivision whose principal duties are aircraft |
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crash and rescue fire fighting; |
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(12) a member of an organized volunteer fire-fighting |
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unit that: |
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(A) renders fire-fighting services without |
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remuneration; and |
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(B) conducts a minimum of two drills each month, |
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each two hours long; |
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(13) an individual who: |
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(A) performs emergency medical services or |
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operates an ambulance; |
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(B) is employed by a political subdivision of the |
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state or is an emergency medical services volunteer as defined by |
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Section 773.003, Health and Safety Code; and |
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(C) is qualified as an emergency care attendant |
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or at a higher level of training under Section 773.046, 773.047, |
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773.048, 773.049, or 773.0495, Health and Safety Code; |
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(14) an individual who is employed or formally |
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designated as a chaplain for: |
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(A) an organized volunteer fire-fighting unit or |
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other fire department of this state or of a political subdivision of |
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this state; |
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(B) a law enforcement agency of this state or of a |
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political subdivision of this state; or |
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(C) the Texas Department of Criminal Justice; |
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[or] |
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(15) an individual who is employed by the state or a |
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political subdivision of the state and who is considered by the |
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governmental employer to be a trainee for a position otherwise |
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described by this section; |
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(16) an individual who is employed by the Department |
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of Public Safety and, as certified by the director, is: |
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(A) deployed into the field in direct support of |
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a law enforcement operation, including patrol, investigative, |
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search and rescue, crime scene, on-site communications, or special |
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operations; and |
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(B) given a special assignment in direct support |
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of operations relating to organized crime, criminal interdiction, |
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border security, counterterrorism, intelligence, traffic |
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enforcement, emergency management, regulatory services, or special |
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investigations; or |
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(17) an individual who is employed by the Parks and |
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Wildlife Department and, as certified by the executive director of |
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the Parks and Wildlife Department, is: |
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(A) deployed into the field in direct support of |
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a law enforcement operation, including patrol, investigative, |
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search and rescue, crime scene, on-site communications, or special |
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operations; and |
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(B) given a special assignment in direct support |
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of operations relating to organized crime, criminal interdiction, |
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border security, counterterrorism, intelligence, traffic |
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enforcement, emergency management, regulatory services, or special |
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investigations. |
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SECTION 2. The change in law made by this Act relating to |
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the death of certain employees of the Department of Public Safety of |
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the State of Texas and the Parks and Wildlife Department applies |
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only in relation to a death that occurs on or after the effective |
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date of this Act. Matters regarding eligibility, payment, and |
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benefits under Chapter 615, Government Code, in relation to a death |
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that occurs before the effective date of this Act are governed by |
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the law in effect when the death occurs, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 396 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0; |
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May 22, 2013, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 23, 2013, House |
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granted request of the Senate; May 25, 2013, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 396 passed the House, with |
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amendments, on May 15, 2013, by the following vote: Yeas 146, |
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Nays 0, two present not voting; May 23, 2013, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 25, 2013, House adopted Conference Committee Report by the |
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following vote: Yeas 144, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |