CHAPTER 615. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 615. FINANCIAL ASSISTANCE TO SURVIVORS OF CERTAIN LAW

ENFORCEMENT OFFICERS, FIRE FIGHTERS, AND OTHERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 615.001. DEFINITION. In this chapter, "minor child" means

a child who:

(1) on the date of the death of an individual listed under

Section 615.003, is younger than 18 years of age; and

(2) if the child is not a biological or adopted child, was

claimed as a dependent on the federal income tax return of an

individual listed under Section 615.003 for the year preceding

the year of the individual's death.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 54, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1231, Sec. 36, eff.

Sept. 1, 2001.

Sec. 615.002. ADMINISTRATION OF CHAPTER. The board of trustees

of the Employees Retirement System of Texas shall administer this

chapter under rules adopted by the board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 615.003. APPLICABILITY. This chapter applies only to

eligible survivors of the following individuals:

(1) an individual 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;

(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 Commission on Law Enforcement Officer

Standards and Education;

(8) a juvenile correctional employee of the Texas Youth

Commission;

(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; or

(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.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.12(b), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 12.17, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1049, Sec. 1, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 874, Sec. 8, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 842, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1111, Sec. 43, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 1, eff. May 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.075, eff. September 1, 2009.

Sec. 615.004. EFFECT OF AWARD. (a) A finding that assistance

is payable to an eligible survivor of an individual listed under

Section 615.003 is not a declaration of the cause, nature, or

effect of a death for any other purpose.

(b) A finding that a death is within the provisions of this

chapter does not affect another claim or cause of action arising

from or connected to the death.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 615.005. ASSISTANCE NOT ASSIGNABLE; PAYMENTS EXEMPT. (a)

Assistance payable under this chapter is not transferable or

assignable at law or in equity.

(b) Money paid or payable under this chapter is not subject to

execution, levy, attachment, garnishment, or other legal process

or to the operation of any insolvency law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 615.006. DESIGNATION OF CUSTODIAL PERSONNEL. The Texas

Board of Criminal Justice shall adopt and include in its minutes

a formal designation identifying the classes of persons who are

custodial personnel of the agency so that there is no uncertainty

about which persons are custodial personnel.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 615.007. CERTAIN VOLUNTEER FIRE-FIGHTING UNITS CONSIDERED

AGENTS OF POLITICAL SUBDIVISION. For the purposes of this

chapter, an organized volunteer fire-fighting unit described by

Section 615.003(12) is considered an agent of a political

subdivision, including a municipality, county, or district, that

the unit serves if:

(1) the unit receives any financial aid from the political

subdivision for the maintenance, upkeep, or storage of equipment;

or

(2) the governing body of the political subdivision designates

the unit as an agent of the political subdivision.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 615.008. CERTAIN POLICE RESERVE OR AUXILIARY UNITS

CONSIDERED AGENTS OF POLITICAL SUBDIVISION. For the purposes of

this chapter, an organized police reserve or auxiliary unit is

considered an agent of a political subdivision, including a

municipality, county, or district, that the unit serves if the

governing body of the political subdivision designates the unit

as an agent of the political subdivision.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. PAYMENTS TO ELIGIBLE SURVIVORS

Sec. 615.021. ELIGIBLE SURVIVORS. (a) A survivor of an

individual listed under Section 615.003 is eligible for the

payment of assistance under this chapter if:

(1) the listed individual died as a result of a personal injury

sustained in the line of duty in the individual's position as

described by Section 615.003; and

(2) the survivor is:

(A) the surviving spouse of the listed individual;

(B) a surviving child of the listed individual, if there is no

surviving spouse; or

(C) a surviving parent of the listed individual, if there is no

surviving spouse or child.

(b) Payment of assistance may not occur under this subchapter

unless an individual is eligible under Subsection (a).

(c) An individual employed by the state or a political or legal

subdivision who is subject to certification by the Texas

Commission on Fire Protection or whose principal duties are

aircraft crash and rescue fire fighting is considered to have

died as a result of a personal injury sustained in the line of

duty in the individual's position as described by Section 615.003

if the individual died while actually performing an activity that

the individual was certified to perform by the Texas Commission

on Fire Protection, without regard to whether the individual was

actually performing the activity during the individual's

compensable hours at work.

(d) In a determination of whether the survivor of an individual

listed under Section 615.003 is eligible for the payment of

assistance under this chapter, any reasonable doubt arising from

the circumstances of the individual's death shall be resolved in

favor of the payment of assistance to the survivor.

(e) In this section:

(1) "Personal injury" means an injury resulting from an external

force, an activity, or a disease caused by or resulting from:

(A) a line-of-duty accident; or

(B) an illness caused by line-of-duty work under hazardous

conditions.

(2) "Line of duty" means an action an individual listed under

Section 615.003 is required or authorized by rule, condition of

employment, or law to perform. The term includes:

(A) an action by the individual at a social, ceremonial,

athletic, or other function to which the individual is assigned

by the individual's employer; and

(B) an action performed as part of a training program the

individual is required or authorized by rule, condition of

employment, or law to undertake.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.12(a), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1049, Sec. 2, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 1438, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 842, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 2, eff. May 19, 2009.

Sec. 615.022. PAYMENT TO SURVIVORS. (a) If there is an

eligible surviving spouse, the state shall pay $250,000 to the

eligible surviving spouse.

(b) If there is no eligible surviving spouse, the state shall

pay $250,000 in equal shares to surviving children.

(c) If there is no eligible surviving spouse or child, the state

shall pay $250,000 in equal shares to surviving parents.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.12(c), eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1438, Sec. 2, eff. Sept.

1, 2001.

Sec. 615.0225. EDUCATION BENEFITS FOR CERTAIN SURVIVORS. (a) A

person is eligible to receive education benefits under this

section if the person is:

(1) a surviving spouse; or

(2) a surviving minor child as defined by Section 615.001.

(b) An eligible person who enrolls as a full-time student at an

institution of higher education as defined by Section 61.003,

Education Code, is exempt from tuition and fees at that

institution of higher education until the student receives a

bachelor's degree or 200 hours of course credit, whichever occurs

first.

(c) If the student elects to reside in housing provided by the

institution of higher education and qualifies to reside in that

housing, the institution shall pay from the general revenue

appropriated to the institution the cost of the student's

contract for food and housing until the student receives a

bachelor's degree or 200 hours of course credit, whichever occurs

first. If there is no space available in the institution's

housing, the institution shall, from the general revenue

appropriated to the institution, pay to the student each month

the equivalent amount that the institution would have expended

had the student lived in the institution's housing. The

institution is not required to pay the student the monthly

payment if the student would not qualify to live in the

institution's housing.

(d) The institution of higher education shall, from the general

revenue appropriated to the institution, pay to the student the

cost of the student's textbooks until the student receives a

bachelor's degree or 200 hours of course credit, whichever occurs

first.

(e) A payment under this section is in addition to any payment

made under Section 615.022.

Added by Acts 2001, 77th Leg., ch. 1438, Sec. 3, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

146, Sec. 1, eff. May 21, 2007.

Sec. 615.023. PAYMENT TO SURVIVING MINOR CHILD. (a) The state

shall pay to the duly appointed or qualified guardian or other

legal representative of an eligible surviving minor child:

(1) $200 each month, if there is one surviving child;

(2) $300 each month, if there are two surviving children; or

(3) $400 each month, if there are three or more surviving

children.

(b) A child's entitlement to assistance payable under this

section ends on the child's 18th birthday. At that time, payments

to any other surviving minor children shall be adjusted, as

necessary, to conform to the amounts payable under Subsection

(a).

(c) A payment under this section is in addition to any payment

made under Section 615.022.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 37, eff.

Sept. 1, 2001. Reenacted by Acts 2003, 78th Leg., ch. 1111, Sec.

7, eff. Sept. 1, 2003.

SUBCHAPTER C. ADMINISTRATION AND PROCEDURE

Sec. 615.041. PROOF OF CLAIM. Proof of the death of an

individual listed under Section 615.003 that is claimed to meet

the requirements of Section 615.021(1) shall be furnished to the

board of trustees of the Employees Retirement System of Texas in

the form and with additional evidence and information required by

the board.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 615.042. AWARD AND PAYMENT OF ASSISTANCE. (a) The

Employees Retirement System of Texas shall notify the comptroller

of the retirement system's determination that a claim under this

chapter is valid and justifies payment.

(b) On receipt of the notice, the comptroller shall issue a

warrant to each claimant in the proper amount from the fund

appropriated for that purpose.

(c) Payments under this chapter on behalf of a surviving child

are payable beginning on the first day of the first month after

the death of the individual listed in Section 615.003.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 38, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1438, Sec. 4, eff. Sept.

1, 2001.

Sec. 615.043. DENIAL OF CLAIM. If the Employees Retirement

System of Texas denies a claim, the retirement system shall send

a notice of the denial to:

(1) the person making the claim; or

(2) the duly qualified guardian or legal representative of a

surviving minor child, if a claim is being made on behalf of the

child.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 39, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1438, Sec. 5, eff. Sept.

1, 2001.

Sec. 615.044. APPEALS. (a) An eligible survivor or the

eligible survivor's legal representative whose claim for payment

is denied may appeal the denial to the board of trustees of the

Employees Retirement System of Texas.

(b) An appeal under this section is considered to be an appeal

of a contested case under Chapter 2001 and shall be conducted as

provided by Section 815.511.

(c) Judicial review of a decision under this section is under

the substantial evidence rule as provided by Chapter 2001.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 40, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1438, Sec. 6, eff. Sept.

1, 2001.

Sec. 615.045. RECORDS. (a) Records of individuals listed by

Section 615.003 and of survivors eligible for benefits under this

chapter that are in the custody of the Employees Retirement

System of Texas, an administering firm as defined by Section

1551.003, Insurance Code, a carrier as defined by Section

1551.007, Insurance Code, or another governmental agency acting

with or on behalf of the retirement system are confidential and

not subject to public disclosure, and the retirement system,

administering firm, carrier, or governmental agency is not

required to accept or comply with a request for a record or

information about a record or to seek an opinion from the

attorney general, because the records are exempt from the

provisions of Chapter 552, except as otherwise provided by this

section.

(b) Records may be released to an eligible survivor or to an

authorized attorney, family member, or representative acting on

behalf of the eligible survivor. The Employees Retirement System

of Texas may release the records to an administering firm,

carrier, agent, or attorney acting on behalf of the retirement

system, to another governmental entity having a legitimate need

for the information to perform the purposes of the retirement

system, or to a party in response to a subpoena issued under

applicable law.

(b-1) A record released or received by the retirement system

under this section may be transmitted electronically, including

through the use of an electronic signature or certification in a

form acceptable to the retirement system. An unintentional

disclosure to, or unauthorized access by, a third party related

to the transmission or receipt of information under this section

is not a violation by the retirement system of any law, including

a law or rule relating to the protection of confidential

information.

(c) The records of individuals listed by Section 615.003 and of

eligible survivors remain confidential after release to a person

as authorized by this section. The records of individuals listed

by Section 615.003 and of eligible survivors may become part of

the public record of an administrative or judicial proceeding

related to an appeal filed under this chapter, unless the records

are closed to public access by a protective order issued under

applicable law.

(d) The retirement system has sole discretion in determining

whether a record is subject to this section. For purposes of

this section, a record includes any identifying information about

any person, living or deceased, who is or was:

(1) an individual listed in Section 615.003; or

(2) a survivor, heir, or beneficiary of an individual listed in

Section 615.003.

Added by Acts 2001, 77th Leg., ch. 1231, Sec. 41, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 8, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. HEALTH INSURANCE COVERAGE FOR ELIGIBLE SURVIVORS

Sec. 615.071. APPLICABILITY. This subchapter applies only to

eligible survivors of:

(1) an individual listed in Section 615.003(1), (6), or (7); or

(2) an individual listed in Section 615.003(10) or (11) who is

employed by a political subdivision of the state.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.072. ELIGIBLE SURVIVORS. (a) A survivor of an

individual listed under Section 615.071 is eligible for the

health insurance benefits provided under this subchapter if:

(1) the listed individual died as a result of a personal injury

sustained in the line of duty in the individual's position as

described by Section 615.071; and

(2) the survivor is:

(A) the surviving spouse of the listed individual; or

(B) a dependent of the listed individual.

(b) In a determination of whether the survivor of an individual

listed under Section 615.071 is eligible for the payment of

assistance under this subchapter, any reasonable doubt arising

from the circumstances of the individual's death shall be

resolved in favor of the payment of assistance to the survivor.

(c) In this section:

(1) "Personal injury" means an injury resulting from an external

force, an activity, or a disease caused by or resulting from:

(A) a line-of-duty accident; or

(B) an illness caused by line-of-duty work under hazardous

conditions.

(2) "Line of duty" means an action an individual listed under

Section 615.071 is required or authorized by rule, condition of

employment, or law to perform. The term includes an action by the

individual at a social, ceremonial, athletic, or other function

to which the individual is assigned by the individual's employer.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 842, Sec. 3, eff.

Sept. 1, 2003.

Sec. 615.073. BENEFIT TO SURVIVING SPOUSE. (a) An eligible

surviving spouse of a deceased individual listed in Section

615.071 who was employed by the state is entitled to purchase

continued health insurance benefits under Chapter 1551, Insurance

Code, as provided by this subchapter.

(b) An eligible surviving spouse of a deceased individual listed

in Section 615.071 who was employed by a political subdivision of

the state is entitled to purchase continued health insurance

benefits from the political subdivision that employed the

deceased individual, including health coverage:

(1) provided by or through a political subdivision under:

(A) a health insurance policy or health benefit plan written by

a health insurer; or

(B) a self-insured health benefits plan; or

(2) under Chapter 172, Local Government Code.

(c) The surviving spouse is entitled to continue to purchase

health insurance coverage until the date the surviving spouse

becomes eligible for federal Medicare benefits.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 103, Sec. 1, eff.

May 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.518, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 3, eff. May 19, 2009.

Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible surviving

dependent who is a minor child is entitled to continue health

insurance coverage until the date the dependent reaches the age

of 18.

(b) An eligible surviving dependent who is not a minor child is

entitled to continue health insurance coverage until the earlier

of:

(1) the date the dependent becomes eligible for group health

insurance through another employer; or

(2) the date the dependent becomes eligible for federal Medicare

benefits.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995. Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 42, eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 4, eff. May 19, 2009.

Sec. 615.075. NOTICE. (a) An employing entity shall provide

written notice to an eligible survivor to whom this subchapter

may apply of the survivor's rights under this subchapter not

later than the 10th day after the date of the decedent's death.

Not later than the 150th day after the date of the decedent's

death, the employing entity shall send a subsequent written

notice under this subsection by certified mail to any eligible

survivor who has not already elected to continue coverage on or

before that date.

(b) If an eligible survivor is a minor child, the employing

entity shall also, at the same time, provide the notice to the

child's parent or guardian, unless, after reasonable effort, the

parent or guardian cannot be located.

(c) To receive continued coverage under this subchapter, the

employing entity must be informed not later than the 180th day

after the date the decedent died that the eligible survivor

elects to continue coverage.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 5, eff. May 19, 2009.

Sec. 615.076. LEVEL OF COVERAGE. (a) An eligible survivor may

elect to continue coverage at any level of benefits currently

offered by the employing entity to dependents of an active

employee.

(b) An eligible survivor may elect to continue coverage at a

reduced level of benefits if the employing entity offers that

option.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is

entitled to continued coverage under this subchapter:

(1) is entitled to:

(A) make payments for the coverage or have payments made on the

survivor's behalf at the same time and to the same entity that

payments for coverage are made by current employees of the

employing entity; and

(B) obtain the coverage at the rate paid by current employees of

the employing entity for that coverage; and

(2) may not be required to pay a premium amount for the coverage

that is greater than the premium amount that a current employee

of the employing entity without a spouse is required to pay to

cover the employee alone or to cover the employee and the

employee's dependent children, as applicable to the eligible

survivor.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 6, eff. May 19, 2009.

Sec. 615.078. CERTAIN PRACTICES NOT PROHIBITED OR AFFECTED.

This subchapter does not:

(1) prohibit an employing entity from uniformly changing the

group health insurance plan or group health coverage plan

provided for its employees and employees' dependents;

(2) affect the definition of a dependent or the eligibility

requirements for a dependent under a plan;

(3) prohibit an employing entity from increasing the cost of

group health coverage to its employees and to eligible survivors

covered under this subchapter to reflect any increased cost

attributable to compliance with this subchapter; or

(4) affect the right of a political subdivision to self-insure

or provide coverage under Chapter 172, Local Government Code.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.079. BENEFITS ADDITIONAL. The benefits provided by

this subchapter are in addition to any other benefits provided by

this chapter.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.080. GRACE PERIOD. Health insurance benefits coverage

in force on the date of the decedent's death under which a

deceased individual listed under Section 615.071 covered one or

more other persons may not lapse before the 181st day after the

date of the decedent's death for failure to pay the premium.

Added by Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 7, eff. May 19, 2009.

For expiration of this section, see Subsection (d).

Text of section effective until September 01, 2010

Sec. 615.081. LIMITED OPPORTUNITY FOR CERTAIN ELIGIBLE SURVIVORS

TO REAPPLY FOR COVERAGE. (a) This section applies only to an

eligible survivor of a deceased individual listed under Section

615.071 who died on or after September 1, 1993.

(b) Notwithstanding any other provision of this subchapter or

other law, an eligible survivor to whom this section applies who

did not purchase continued health insurance benefits under this

subchapter or under the law codified by this subchapter within

the time allowed after the listed individual's death, or who

discontinued coverage under this subchapter or under the law

codified by this subchapter after the listed individual's death,

may reapply for coverage under the employing entity's health

insurance benefits plan not later than March 1, 2010.

(c) An eligible survivor who reapplies for coverage under

Subsection (b) is entitled to purchase the coverage according to

the same rate schedule and coverage options as would apply had

the eligible survivor continued coverage under this subchapter

after the listed individual's death.

(d) This section expires September 1, 2010.

Added by Acts 2009, 81st Leg., R.S., Ch.

55, Sec. 7, eff. May 19, 2009.

SUBCHAPTER E. ADDITIONAL BENEFITS FOR ELIGIBLE SURVIVORS

Sec. 615.101. DEFINITION. In this subchapter, "governmental

entity" includes the state, an agency or institution of the

state, or a political subdivision of the state.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.102. DUTY WEAPON AND BADGE. (a) This section applies

only to:

(1) an individual listed in Section 615.003(1) who is employed

by a political subdivision of the state;

(2) a peace officer under Article 2.12, Code of Criminal

Procedure, or other law who is employed by the state, including

any state agency or any institution of higher education under

Section 61.003, Education Code; or

(3) an individual listed in Section 615.003(7).

(b) On the death of an individual listed in Subsection (a), the

employing governmental entity shall provide, at no cost, the

deceased individual's duty weapon, if any, and badge to the

individual's:

(1) designated beneficiary; or

(2) estate if the individual did not designate a beneficiary.

(c) A governmental entity that employs an individual listed in

Subsection (a) shall provide the individual a form on which the

individual may designate the individual's beneficiaries for

purposes of this section.

(d) A governmental entity is not liable for damages caused by

the use or misuse of a duty weapon provided to a designated

beneficiary or estate under this section.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.103. BURIAL WITH UNIFORM. (a) This section applies

only to:

(1) an individual listed in Section 615.003(1) who is employed

by a political subdivision of the state;

(2) a peace officer under Article 2.12, Code of Criminal

Procedure, or other law who is employed by the state, including

any state agency or any institution of higher education under

Section 61.003, Education Code;

(3) an individual listed in Section 615.003(7); or

(4) an individual listed in Section 615.003(10) or (11) who is

employed by a political subdivision of the state.

(b) If an individual listed in Subsection (a) dies and is to be

buried in the individual's uniform, the employing governmental

entity shall provide the uniform at no cost.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.104. BENEFITS ADDITIONAL. The benefits provided by

this subchapter are in addition to any other benefits provided by

this chapter.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept.

1, 1995.

Sec. 615.105. PROVISION OF STATE FLAG. (a) This section

applies only to:

(1) an individual 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

(2) an honorably retired peace officer who formerly held a

position described by Subdivision (1) and voluntarily terminated

employment with a law enforcement agency of this state or a

political subdivision of this state.

(b) On the death of an individual listed in Subsection (a),

regardless of whether the individual died as a result of a

personal injury sustained in the line of duty as a peace officer,

the individual's next of kin may receive on request a state flag

from the Commission on Law Enforcement Officer Standards and

Education.

(c) If the office of the governor is notified of the death of an

individual listed in Subsection (a) by the Commission on Law

Enforcement Officer Standards and Education under Section

1701.161, Occupations Code, the office of the governor shall send

to the individual's next of kin a certificate that expresses

condolences and gratitude on behalf of the governor and the

people of Texas for the individual's service as a Texas peace

officer.

Added by Acts 2001, 77th Leg., ch. 476, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 842, Sec. 4, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

744, Sec. 1, eff. September 1, 2005.

SUBCHAPTER F. ADDITIONAL BENEFITS FOR SURVIVOR OF PEACE OFFICER

Sec. 615.121. PAYMENT TO SURVIVING SPOUSE. (a) The state shall

pay the following benefits to an eligible surviving spouse of a

peace officer or an employee of the Texas Department of Criminal

Justice, as described by Section 615.003(1) or (6), who was

killed in the line of duty and who had not qualified for an

annuity under an employees' retirement plan:

(1) funeral expenses related to the deceased officer or

employee; and

(2) monthly payments that equal the greater of:

(A) the monthly annuity payment the deceased officer or employee

would have received if the officer or employee had survived, had

retired on the last day of the month in which the officer or

employee died, and had been eligible to receive an annuity under

an employees' retirement plan; or

(B) the minimum monthly annuity payment the deceased officer or

employee would have received if the officer or employee had been

employed by the state for 10 years, had been paid a salary at the

lowest amount provided by the General Appropriations Act for a

position of peace officer or employee of the Texas Department of

Criminal Justice, as described by Section 615.003(1) or (6), and

had been eligible to retire under the Employees Retirement System

of Texas.

(b) The surviving spouse is entitled to continue to receive

monthly payments under Subsection (a) until the earlier of:

(1) the date the surviving spouse remarries;

(2) the date the surviving spouse becomes eligible for

retirement under an employees' retirement plan; or

(3) the date the surviving spouse becomes eligible for Social

Security benefits.

(c) The Employees Retirement System of Texas may require the

surviving spouse to provide information as necessary to

administer this section.

(d) The Employees Retirement System of Texas may adopt rules

necessary to administer this section including rules:

(1) setting the maximum amount of funeral expenses payable under

this subchapter; and

(2) calculating the survivor benefits payable under this

subchapter.

(e) The Employees Retirement System of Texas shall apply

reduction factors, as applicable to an annuity payable under this

section, in the same manner the factors are applied to a death

benefit plan administered by the system.

(f) In this section, "line of duty" has the meaning assigned by

Section 615.021.

Added by Acts 2001, 77th Leg., ch. 1438, Sec. 7, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 842, Sec. 5, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.076, eff. September 1, 2009.

Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an

eligible surviving spouse who would be entitled to benefits under

Section 615.121 does not exist but one or more eligible surviving

minor children of the deceased peace officer or employee of the

Texas Department of Criminal Justice, as described by Section

615.003(1) or (6), do exist, the state shall pay to the guardian

or other legal representative of those children the funeral

expenses of the deceased officer or employee.

Added by Acts 2001, 77th Leg., ch. 1438, Sec. 7, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.077, eff. September 1, 2009.

Sec. 615.123. BENEFITS ADDITIONAL. The benefits provided by

this subchapter are in addition to any other benefits provided by

this chapter.

Added by Acts 2001, 77th Leg., ch. 1438, Sec. 7, eff. Sept. 1,

2001.