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.