HBA-JRA S.B. 1785 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1785 By: Gallegos Pensions and Investments 5/21/1999 Engrossed BACKGROUND AND PURPOSE Currently, a peace officer or fire fighter who is injured in the line of duty receives a disability retirement payment, but it may not be enough to cover all incurred expenses. S.B. 1785 provides a one-time payment of $75,000 to a person who sustains a permanently incapacitating injury in the performance of the duties of a peace officer or fire fighter. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 614, Government Code, by adding Subchapter F, as follows: SUBCHAPTER F. SUPPLEMENTAL ONE-TIME PAYMENT FOR CERTAIN DISABLED PEACE OFFICERS AND FIRE FIGHTERS Sec. 614.081. DEFINITIONS. Defines "board," "fire fighter," and "peace officer." Sec. 614.082. PEACE OFFICER AND FIRE FIGHTER SUPPLEMENTAL PAYMENT ACCOUNT. Provides that the peace officer and fire fighter supplemental payment account (account) is an account in the general revenue fund that consists of gifts, grants, and other revenue required to be credited to the account by law. Authorizes the account to be appropriated only for the purposes of this subchapter. Sec. 614.083. ELIGIBILITY FOR PAYMENT. Entitles an injured peace officer or fire fighter employed by the state or a local government entity in this state or an injured law enforcement or fire fighting volunteer to receive a one-time payment of $75,000 from funds appropriated for that purpose if the person sustains the injury in the performance of the person's duties and presents evidence satisfactory to the board of trustees of the Employees Retirement System of Texas (board) that the person's condition is a total disability resulting in permanent incapacity for work. Sec. 614.084. PROOF OF CLAIM. Provides that in order to receive payment, a peace officer must furnish to the board proof that the injury was sustained in the performance of the person's job duties as peace officer or fire fighter and is a total disability resulting in permanent incapacity for work, along with any other information or evidence required by the board. Sec. 614.085. AWARD OF PAYMENT. Requires the board to notify the comptroller of the board's determination that a claim is valid and justifies payment. Requires the comptroller to issue a warrant to or in behalf of the claimant in the proper amount on receipt of notice. Provides that a payment under this subchapter to or in behalf of a peace officer or fire fighter is payable as soon as practicable after the board notifies the comptroller. SECTION 2. Provides that this Act takes effect only if a specific appropriation is made by the 76th Legislature and does not take effect is such an appropriation is not made. SECTION 3.Emergency clause. Effective date: upon passage.