Bill Summary – FastDemocracy

      
            H.B. No. 90
         
               AN ACT
            
            relating to benefits for certain members of the Texas military 
         
            forces and survivors of members of the Texas military forces.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  This Act may be cited as the Bishop Evans Act.
         
                   SECTION 2.  Subchapter C, Chapter 56B, Code of Criminal 
         
            Procedure, is amended by adding Article 56B.109 to read as follows:
         
                   Art. 56B.109.  COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS 
         
            OF TEXAS MILITARY FORCES.  (a)  In this article, "state active 
         
            duty," "Texas military forces," and "Texas National Guard" have the 
         
            meanings assigned by Section 437.001, Government Code.
         
                   (b)  The attorney general shall award a lump sum payment in 
         
            accordance with Subsection (c) to a claimant on behalf of an 
         
            individual who is a victim of border crime and a member of the Texas 
         
            military forces if:
         
                         (1)  the individual died on or after March 6, 2021, but 
         
            before September 1, 2023, while on state active duty;
         
                         (2)  the individual's death was in connection with 
         
            operations initiated to address criminal activity in the border 
         
            region; and
         
                         (3)  the claimant is:
         
                               (A)  if the individual is a member of the Texas 
         
            National Guard, a beneficiary designated by the individual on the 
         
            individual's United States Department of Defense Form DD-93; or
         
                               (B)  if the individual is not a member of the Texas 
         
            National Guard or there is no beneficiary described by Paragraph 
         
            (A): 
         
                                     (i)  the surviving spouse of the individual; 
         
                                     (ii)  a surviving child of the individual, 
         
            if there is no surviving spouse; or 
         
                                     (iii)  the surviving parent of the 
         
            individual, if there is no surviving spouse or child.
         
                   (c)  For purposes of Subsection (b), the lump sum payment 
         
            amount payable to an eligible claimant is:
         
                         (1)  if there is a claimant described by Subsection 
         
            (b)(3)(A) or (B)(i), $500,000 paid to the claimant; or
         
                         (2)  if there is no claimant described by Subsection 
         
            (b)(3)(A) or (B)(i), $500,000, in equal shares:
         
                               (A)  paid to each claimant described by Subsection 
         
            (b)(3)(B)(ii); or
         
                               (B)  paid to each claimant described by Subsection 
         
            (b)(3)(B)(iii) if there is no claimant described by Subsection 
         
            (b)(3)(B)(ii).
         
                   (d)  This article may not be construed to limit the 
         
            assistance or compensation a claimant may otherwise receive under 
         
            this chapter. 
         
                   (e)  For purposes of this article, a beneficiary designated 
         
            by an individual on the individual's United States Department of 
         
            Defense Form DD-93 is a "claimant."
         
                   SECTION 3.  Section 615.004(a), Government Code, is amended 
         
            to read as follows:
         
                   (a)  A finding that assistance is payable to an eligible 
         
            survivor of an individual listed under Section 615.003 or 615.024 
         
            is not a declaration of the cause, nature, or effect of a death for 
         
            any other purpose.
         
                   SECTION 4.  Section 615.021(b), Government Code, is amended 
         
            to read as follows:
         
                   (b)  Payment of assistance may not occur under this 
         
            subchapter unless an individual is eligible under Subsection (a) or 
         
            Section 615.024.
         
                   SECTION 5.  Subchapter B, Chapter 615, Government Code, is 
         
            amended by adding Section 615.024 to read as follows:
         
                   Sec. 615.024.  PAYMENT TO SURVIVORS OF MEMBERS OF TEXAS 
         
            MILITARY FORCES.  (a)  In this section, "state active duty," "Texas 
         
            military forces," and "Texas National Guard" have the meanings 
         
            assigned by Section 437.001.
         
                   (b)  Notwithstanding Section 615.003 or 615.021, a survivor 
         
            of an individual who is a member of the Texas military forces is 
         
            eligible to receive a lump sum payment described by Section 615.022 
         
            and monthly assistance described by Section 615.023, as applicable, 
         
            which are the exclusive benefits available und
Statutes affected: 
Introduced: Government Code 615.003, Labor Code 504.019, Labor Code 437.001, Labor Code 504.055, Labor Code 504.056 (Labor Code 504, Government Code 615, Labor Code 437)
House Committee Report: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437)
Engrossed: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437)
Senate Committee Report: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437)
Enrolled: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437)




	AN ACT
	relating to benefits for certain members of the Texas military
	forces and survivors of members of the Texas military forces.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act may be cited as the Bishop Evans Act.
	SECTION 2. Subchapter C, Chapter 56B, Code of Criminal
	Procedure, is amended by adding Article 56B.109 to read as follows:
	Art. 56B.109. COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS
	OF TEXAS MILITARY FORCES. (a) In this article, "state active
	duty," "Texas military forces," and "Texas National Guard" have the
	meanings assigned by Section 437.001, Government Code.
	(b) The attorney general shall award a lump sum payment in
	accordance with Subsection (c) to a claimant on behalf of an
	individual who is a victim of border crime and a member of the Texas
	military forces if:
	(1) the individual died on or after March 6, 2021, but
	before September 1, 2023, while on state active duty;
	(2) the individual's death was in connection with
	operations initiated to address criminal activity in the border
	region; and
	(3) the claimant is:
	(A) if the individual is a member of the Texas
	National Guard, a beneficiary designated by the individual on the
	individual's United States Department of Defense Form DD-93; or
	(B) if the individual is not a member of the Texas
	National Guard or there is no beneficiary described by Paragraph
	(A):
	(i) the surviving spouse of the individual;
	(ii) a surviving child of the individual,
	if there is no surviving spouse; or
	(iii) the surviving parent of the
	individual, if there is no surviving spouse or child.
	(c) For purposes of Subsection (b), the lump sum payment
	amount payable to an eligible claimant is:
	(1) if there is a claimant described by Subsection
	(b)(3)(A) or (B)(i), $500,000 paid to the claimant; or
	(2) if there is no claimant described by Subsection
	(b)(3)(A) or (B)(i), $500,000, in equal shares:
	(A) paid to each claimant described by Subsection
	(b)(3)(B)(ii); or
	(B) paid to each claimant described by Subsection
	(b)(3)(B)(iii) if there is no claimant described by Subsection
	(b)(3)(B)(ii).
	(d) This article may not be construed to limit the
	assistance or compensation a claimant may otherwise receive under
	this chapter.
	(e) For purposes of this article, a beneficiary designated
	by an individual on the individual's United States Department of
	Defense Form DD-93 is a "claimant."
	SECTION 3. Section 615.004(a), Government Code, is amended
	to read as follows:
	(a) A finding that assistance is payable to an eligible
	survivor of an individual listed under Section 615.003 or 615.024
	is not a declaration of the cause, nature, or effect of a death for
	any other purpose.
	SECTION 4. Section 615.021(b), Government Code, is amended
	to read as follows:
	(b) Payment of assistance may not occur under this
	subchapter unless an individual is eligible under Subsection (a) or
	Section 615.024.
	SECTION 5. Subchapter B, Chapter 615, Government Code, is
	amended by adding Section 615.024 to read as follows:
	Sec. 615.024. PAYMENT TO SURVIVORS OF MEMBERS OF TEXAS
	MILITARY FORCES. (a) In this section, "state active duty," "Texas
	military forces," and "Texas National Guard" have the meanings
	assigned by Section 437.001.
	(b) Notwithstanding Section 615.003 or 615.021, a survivor
	of an individual who is a member of the Texas military forces is
	eligible to receive a lump sum payment described by Section 615.022
	and monthly assistance described by Section 615.023, as applicable,
	which are the exclusive benefits available und Statutes affected: Introduced: Government Code 615.003, Labor Code 504.019, Labor Code 437.001, Labor Code 504.055, Labor Code 504.056 (Labor Code 504, Government Code 615, Labor Code 437) House Committee Report: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437) Engrossed: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437) Senate Committee Report: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437) Enrolled: Government Code 615.004, Government Code 615.021, Government Code 615.045, Subchapter C, Chapter , Labor Code 615.003, Labor Code 501.001, Subchapter B, Chapter , Labor Code 437.001 (Labor Code 504, Government Code 615, Labor Code 437, Labor Code 501, Subchapter C, Chapter , Labor Code 615, Subchapter B, Chapter , Labor Code 437)