NEY GENERAL 

June 16, 1967 

Thomas S. Bishop Opinion No. M- 93 

Major Qeneral, TexAFWG 

Adjutant General of Texas Re: Questions relative to the 

Austin, Texas construction of House Bill 

108, enacted by the 60th 

Dear General Bishop: Legislature. 

In a recent letter to this office you requested an 

opinion In regard to the above referenced matter. We quote 

from your letter as follows: 

"1 * Does a surviving child of a guardsman, who is killed while performing State duty, 

commence receiving the child's compensation, 

authorized under Section lc .of HB 108, at the 

same time the surviving spouse starts receiving 

the $120. per month plus 12 l/2$ of the basic 

pay of the guardsman or Is this compensation 

only payable to the child In the event of the 

death of remarriage of the surviving spouse? 

n2. If a guardsman Is injured, while 

performing State duty and Is unaware of his 

entitlements under HB 108, and at a later date 

becomes aware of his benefits and files a claim, 

will his benefits commence with the date of his 

filing or will they commence with the date of 

injury?" 

The applicable portions of House Bill 108, Acts 60th 

Legislature, 1967 (amending Article 5783, Sec. 10, Vernon's Clvi 

Statutes) read as follows: 

"Section 10. DISABLED MEN. (a) Every 

member of the Military Forces of this state who 

shall be wounded, disabled or Injured, or who 

shall contract any disease or Illness, In line 

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I 

Thomas S. Bishop, page 2 (M-93) 

of duty while in the service of this state in 

case of riot, tumult, breach of the peace, resistance to process, Invasion, insurrection, or 

imminent danger thereof, or whenever called upon 

in aid of the civil authorities, or when partlcipating in any training formation or activity 

under order of the commanding officer of his 

unit, or while traveling to or from his place 

of duty In such Instances, shall be entitled 

to and shall receive, or be reimbursed for, 

hospitalization, rehospitalization, and medlcal and surgical care In a hospital and at 

his home appropriate for the treatment of such 

wounding, disability, injury, disease or illness, and necessary transportation Incident 

thereto 80 long as such wounding, disability, 

injury, disease or illness exists, and shall receive the same pay and allowance whether in 

money or in kind, to which he was entitled ,at 

the time when the injure was Incurred or the 

disease or illness contracted, during the period 

of his disability but not for more than a total 

f twelve (12) months after the end of his tour 

:f duty. 

“(b) A member of the Military Forces of 

the state who Incurs a permanent disability while 

performing a military duty as provided In Subeectlon (a) of this section is entitled to receive a compensation based on a percentage of 

total disability. In addition to this compensation the disabled person shall be entitled to 

and shall receive or be reimbursed for hospltalizatlon, rehospltalixatlon, and medical and surglcal care In a hospital or at his home as appropriate for the treatment of such wounding, dlsability, Injury, disease or illness, and necessary 

transportation incident thereto for the duration 

of his dlsablement. The Adjutant General of 

Texaa shall appoint at least five persons, Including 

at least one officer of the Medical Corps, to a 

board of officers which shall determine the percentage of total disability and award compensation for 

the disability. A person who Incurs a permanent 

disability as provided In this subsection 3.8 entitled to receive a compensation set by the board 

of officers of up to $120 per month plus 12 l/2 

percent of the basic pay of the grade or rank 

held by that person at the time the disability was 

Incurred. The board of officers shall review each 

award of compensation annually on a date set by 

the Adjutant General of Texas to determine whether 

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Thomas S. Bishop, page 3 (M-93) 

each award of compensation should be continued, 

Increased, reduced, or eliminated. Compensation 

under this subsection may not be awarded or paid 

until the provisions of Subsection (a) have been 

complied with. 

"(c) If a member of the Military Forces of 

the state dies as a result of injuries or disease 

Incurred as provided In Subsection (a) of this 

section, his estate shall be entitled to any reimbursement for which the deceased would have been 

entitled and to his accrued pay and allowances and 

compensation or reimbursement for actual funeral 

expenses not to exceed the sum of Five Hundred 

Dollars ($500). His surviving spouse is entitled 

to receive a compensation of 120 per month lus 

12 l/2 percent of the basic pzy established sor 

the member of State Military Forces until the 

surviving spouse dies or remarries. If the surviving spouse remarries and there are surviving 

children, the children will receive compensation 

as follows: 

In answer to your first question, a surviving child of 

a guardsman who Is survived by his spouse, and who Is killed while 

performing State duty, Is entitled to the compensation provided In 

the Act only in the event that the surviving spouse subsequently 

dies or remarries. 

In answer to your second question, the following language 

contained In House Bill 108 is controlling: 

.and shall receive the same pay and 

allowance whether in money or In kind, t,o which 

he was entitled at the time when the injury was 

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. ,J 

Thomas S. Bishop, page 4 (M-93) 

incurred or the disease or Illness contracted, 

during the period of his disability but not for 

more than a total of twelve 12) months after the 

end of his tour of duty." (&nphasls added.) 

The Injured or disabled guardsman Is entitled to receive the benefits provided in the Act commencing with the 

date of the Injury or disability. 

SUMMARY 

Pursuant to H.B. 108, 60th Legislature, a 

surviving child of a guardsman who Is killed 

while performing State duty Is entitled to the 

compensation provided In the Act only In the 

event that the spouse of the guardsman does not 

survive or In the event that a spouse who does 

survive subsequently dies or remarries. 

An Injured or disabled guardsman is entitled to receive the benefits provided In the 

Act commencing with the date of the injury or 

d,lsabllity. 

/7 

@J$jjgg~~~ 

Att ney G&era1 of Texas 

Prepared by Lewis E. Berry, Jr? 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

W. V. Geppert, Co-Chairman 

Kerns Taylor 

John Banks 

Roger Tyler 

Paul Martln 

STAFF LEGAL ASSISTANT 

A. J. Carubbi, Jr. 

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