reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter H. Peace Officer Identification Cards › Section 614.1241. Qualified Retired Law Enforcement Officer

Sec. 614.1241.  QUALIFIED RETIRED LAW ENFORCEMENT OFFICER.  (a)  On request of a qualified retired law enforcement officer who holds a certificate of proficiency under Section 1701.357, Occupations Code, a law enforcement agency or other governmental entity in this state shall issue an identification card to the qualified retired law enforcement officer if the law enforcement agency or other governmental entity:
(1)  was the last entity to appoint or employ the qualified retired law enforcement officer as a peace officer; or
(2)  appointed or employed the qualified retired law enforcement officer for 20 years or more and the officer is receiving retirement or pension benefits as a result of that service.
(b)  The identification card must include:
(1)  the full name of the qualified retired law enforcement officer;
(2)  a photograph of the qualified retired law enforcement officer consistent with the qualified retired law enforcement officer's appearance;
(3)  the name of the law enforcement agency or other governmental entity that issued the card to the qualified retired law enforcement officer;
(4)  if applicable, the signature of the person authorizing the issuance of the card on behalf of the law enforcement agency or other governmental entity to the qualified retired law enforcement officer;
(5)  a brief description of the qualified retired law enforcement officer, including the qualified retired law enforcement officer's height, weight, and eye color;
(6)  the thumbprint of the qualified retired law enforcement officer or a bar code with a unique identification label for the qualified retired law enforcement officer;
(7)  the date the qualified retired law enforcement officer last served as a peace officer for the law enforcement agency or other governmental entity;
(8)  the date the law enforcement agency or other governmental entity issued the card to the qualified retired law enforcement officer; and
(9)  a phone number operational 24 hours a day, seven days a week, that a person may call to verify the validity of the identification card.
(c)  On the identification card, the law enforcement agency or other governmental entity that issues the card shall print:
(1)  "State of Texas" and the state seal; and
(2)  "This identification card certifies that (insert name of qualified retired law enforcement officer) is a qualified retired law enforcement officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the qualified retired law enforcement officer)."
(d)  The head of a law enforcement agency or other governmental entity that issued the identification card shall recover the identification card on the date the identification card expires.
Added by Acts 2015, 84th Leg., R.S., Ch. 1109 (H.B. 3212), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter H. Peace Officer Identification Cards › Section 614.125. Expiration Date

Sec. 614.125.  EXPIRATION DATE.  An identification card issued under this subchapter expires on a date specified by the law enforcement agency or other governmental entity issuing the card.
Added by Acts 2007, 80th Leg., R.S., Ch. 938 (H.B. 3613), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter H. Peace Officer Identification Cards › Section 614.126. Tamper-Proof Cards

Sec. 614.126.  TAMPER-PROOF CARDS.  An identification card issued under this subchapter must be, to the extent practicable, tamper-proof.
Added by Acts 2007, 80th Leg., R.S., Ch. 938 (H.B. 3613), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter H. Peace Officer Identification Cards › Section 614.127. Lost or Stolen Cards

Sec. 614.127.  LOST OR STOLEN CARDS.  If an identification card issued under this subchapter is lost or stolen, the law enforcement agency or other governmental entity that issued the card to the peace officer, reserve law enforcement officer, honorably retired peace officer, or qualified retired law enforcement officer shall issue a duplicate identification card to the officer if the officer submits an affidavit executed by the officer to the law enforcement agency or other governmental entity stating that the identification card was lost or stolen.
Added by Acts 2007, 80th Leg., R.S., Ch. 938 (H.B. 3613), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 288 (H.B. 1417), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1109 (H.B. 3212), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter I. Fire Department Listing › Section 614.151. Purposes of Subchapter

Sec. 614.151.  PURPOSES OF SUBCHAPTER.  The purposes of this subchapter are to:
(1)  develop a complete list of fire departments and firefighting resources within this state;
(2)  prepare for the prompt and efficient response to a disaster or incident of catastrophic proportions; and
(3)  provide support to the statewide mutual aid program for fire emergencies as provided by Section 418.110.
Added by Acts 2007, 80th Leg., R.S., Ch. 1215 (H.B. 1915), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter I. Fire Department Listing › Section 614.152. Definitions

Sec. 614.152.  DEFINITIONS.  In this subchapter:
(1)  "Fire department" means an entity that provides fire protection to an area within the state that has 9-1-1 service as determined by the Commission on State Emergency Communications.
(2)  "Service" means the Texas Forest Service of The Texas A&M University System.
(3)  "State fire agency" means the:
(A)  Office of Rural Affairs established in the Department of Agriculture;
(B)  service;
(C)  Texas Commission on Fire Protection;
(D)  Texas A&M Engineering Extension Service; and
(E)  Texas State Fire Marshal's Office of the Texas Department of Insurance.
(4)  "State fire association" means the:
(A)  State Firemen's and Fire Marshals' Association of Texas;
(B)  Texas Fire Chiefs Association;
(C)  Texas Fire Marshals Association;
(D)  Texas State Association of Fire and Emergency Districts; and
(E)  Texas State Association of Fire Fighters.
Added by Acts 2007, 80th Leg., R.S., Ch. 1215 (H.B. 1915), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 94, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 3.03, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter I. Fire Department Listing › Section 614.153. Administration of Fire Department Listing

Sec. 614.153.  ADMINISTRATION OF FIRE DEPARTMENT LISTING.  The service shall:
(1)  establish and maintain a listing of fire departments located in this state that is accessible to each state fire agency to assist the agency in carrying out its responsibilities; and
(2)  prescribe procedures necessary to implement this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1215 (H.B. 1915), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter I. Fire Department Listing › Section 614.154. Listing Required

Sec. 614.154.  LISTING REQUIRED.  (a)  Each fire department in this state must be listed with the service.  Each fire department shall provide to the service information described by Section 614.155 in a manner prescribed by the service.
(b)  State fire agencies and state fire associations shall coordinate and cooperate with the service in the development of the listing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1215 (H.B. 1915), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter I. Fire Department Listing › Section 614.155. Listing Components

Sec. 614.155.  LISTING COMPONENTS.  The listing must contain for each fire department in this state:
(1)  the name of the fire department;
(2)  the physical address of the fire department;
(3)  the mailing address of the fire department;
(4)  the number of firefighters and any other personnel affiliated with the fire department whose duties involve responding to an emergency incident; and
(5)  an itemized list, using National Incident Management System guidelines, of all firefighting equipment used by the fire department for fire protection purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 1215 (H.B. 1915), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter I. Fire Department Listing › Section 614.156. Renewal of Listing

Sec. 614.156.  RENEWAL OF LISTING.  The service shall renew a fire department's listing annually.
Added by Acts 2007, 80th Leg., R.S., Ch. 1215 (H.B. 1915), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter J. Standards for Certain Law Enforcement Officers › Section 614.171. Definitions

Sec. 614.171.  DEFINITIONS.In this subchapter:
(1)  "Law enforcement agency" means the Department of Public Safety, Texas Alcoholic Beverage Commission, Texas Department of Criminal Justice, Parks and Wildlife Department, and the office of the attorney general.
(2)  "Law enforcement officer" means a person who  is a commissioned peace officer employed by a law enforcement agency.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 13, eff. September 1, 2007.
Renumbered from Government Code, Section 614.151 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(41), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.04, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 497 (H.B. 2154), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter J. Standards for Certain Law Enforcement Officers › Section 614.172. Physical Fitness Programs and Standards

Sec. 614.172.  PHYSICAL FITNESS PROGRAMS AND STANDARDS.  (a)  Each law enforcement agency shall adopt physical fitness programs that a law enforcement officer must participate in and physical fitness standards that a law enforcement officer must meet.  The standards as applied to an officer must directly relate to the officer's job duties and shall include individual fitness goals specific to the officer's age and gender.  A law enforcement agency shall use the services of a consultant to aid the agency in developing the standards.
(a-1)  Each law enforcement agency shall adopt a reward policy that provides for reward incentives to officers who participate in the program and meet the standards adopted under Subsection (a). The reward incentives under the policy must be an amount of administrative leave of not more than four days per year.
(a-2)  An agency may adopt physical readiness standards independent of other law enforcement agencies.
(b)  Except as provided by Subsection (c), a violation of a standard adopted under Subsection (a) is just cause to discharge an officer or:
(1)  transfer an officer to a position that is not compensated according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act; or
(2)  for a law enforcement officer employed by the Parks and Wildlife Department and compensated according to Schedule B of the position classification salary schedule prescribed by the General Appropriations Act, transfer the officer to a position that does not require the employee to be a commissioned peace officer.
(c)  A law enforcement agency may exempt a law enforcement officer from participating in a program or meeting a standard under Subsection (a) based on the facts and circumstances of the individual case, including whether an officer was injured in the line of duty.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 13, eff. September 1, 2007.
Renumbered from Government Code, Section 614.152 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(41), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.05, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter K. Insurance Coverage Required For › Section 614.191. Definition

Sec. 614.191.  DEFINITION.  In this subchapter, "volunteer police force member" means:
(1)  a person summoned under Section 341.011, Local Government Code, to serve on a special police force;
(2)  a police reserve force member appointed under Section 341.012, Local Government Code; and
(3)  any other person assigned by a state agency or political subdivision to perform, without compensation, any duties typically performed by a peace officer.
Added by Acts 2007, 80th Leg., R.S., Ch. 1248 (H.B. 2667), Sec. 2, eff. September 1, 2007.
Renumbered from Government Code, Section 614.121 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(42), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter K. Insurance Coverage Required For › Section 614.192. Insurance Coverage Required

Sec. 614.192.  INSURANCE COVERAGE REQUIRED.  (a)  Each volunteer police force member must be insured or covered by the applicable state agency or political subdivision against any injury suffered by the police force member in the course and scope of performing the person's assigned duties at the request of or under a contract with a state agency or political subdivision.
(b)  The applicable state agency or political subdivision may satisfy the requirements of Subsection (a) by:
(1)  providing insurance coverage; or
(2)  entering into an interlocal agreement with another political subdivision providing for self-insurance.
Added by Acts 2007, 80th Leg., R.S., Ch. 1248 (H.B. 2667), Sec. 2, eff. September 1, 2007.
Renumbered from Government Code, Section 614.122 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(42), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.211. Definitions

Sec. 614.211.  DEFINITIONS.  In this subchapter:
(1)  "Head of a law enforcement agency" means the highest-ranking peace officer in a law enforcement agency, including the director, sheriff, constable, or police chief, as applicable.
(2)  "Law enforcement agency" means an office, department, or other division of this state or a political subdivision of this state, including a county, municipality, school district, or hospital district, that is authorized by law to employ peace officers.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.212. Suitability and Eligibility of Animal

Sec. 614.212.  SUITABILITY AND ELIGIBILITY OF ANIMAL.  (a)  The governing body of a state agency or political subdivision may enter into a contract with a person for the transfer of a law enforcement dog, horse, or other animal that has been determined by the applicable head of a law enforcement agency or that person's designee to be:
(1)  suitable for transfer, after consulting with the animal's veterinarian, handlers, and other caretakers; and
(2)  surplus to the needs of the state agency or political subdivision because the animal is:
(A)  at the end of the animal's working life; or
(B)  subject to circumstances that justify making the animal available for transfer before the end of the animal's working life, including:
(i)  the death of the animal's handler in the line of duty or as a result of injuries sustained in the line of duty; or
(ii)  the medical retirement of the animal's handler as a result of injuries sustained in the line of duty.
(b)  The head of a state law enforcement agency may execute a contract under this subchapter on behalf of the state agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.213. Transferee

Sec. 614.213.  TRANSFEREE.  (a)  A law enforcement animal determined to be suitable and eligible for transfer under Section 614.212 may be transferred only to a person who is:
(1)  capable of humanely caring for the animal; and
(2)  selected by the applicable head of a law enforcement agency or that person's designee in the following order of priority, as applicable:
(A)  the animal's former handler who medically retired as a result of injuries sustained in the line of duty;
(B)  the parent, child, spouse, or sibling of the animal's former handler if the handler was killed in the line of duty or died from injuries sustained in the line of duty;
(C)  a former handler not described by Paragraph (A);
(D)  a peace officer, county jailer, or telecommunicator other than the animal's handler; or
(E)  another person.
(b)  If more than one person in a category of authorized transferees under Subsection (a)(2) requests to receive the animal, the applicable head of a law enforcement agency or that person's designee shall determine which of the potential transferees would best serve the best interest of the animal and the applicable state agency or political subdivision.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.214. Contract

Sec. 614.214.  CONTRACT.  A contract for a transfer under this subchapter:
(1)  may provide for the transfer without charge to the transferee;
(2)  must require the transferee to:
(A)  humanely care for the animal, including providing food, shelter, and regular and appropriate veterinary care, including medication, to properly provide for the animal's health;
(B)  comply with all state and local laws applicable to keeping domestic animals; and
(C)  notify the applicable state agency or political subdivision if the transferee is no longer able to humanely care for the animal; and
(3)  must require the applicable state agency or political subdivision to take possession of the animal on:
(A)  receipt of the notice under Subdivision (2)(C); or
(B)  a finding by the governing body of the state agency or political subdivision that the transferee is no longer able to humanely care for the animal.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.215. Liability

Sec. 614.215.  LIABILITY.  A state agency or political subdivision that transfers an animal under this subchapter:
(1)  is not liable in a civil action for any damages arising from the transfer, including damages arising from the animal's law enforcement training; and
(2)  is not liable for veterinary expenses of the transferred animal, including expenses associated with care for a condition of the animal that existed before or at the time of transfer, regardless of whether the applicable law enforcement agency, state agency, or political subdivision was aware of the condition.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.216. Effect of Subchapter

Sec. 614.216.  EFFECT OF SUBCHAPTER.  This subchapter does not:
(1)  require an animal to be transferred under this subchapter;
(2)  affect a state agency's or political subdivision's authority to care for retired law enforcement animals; or
(3)  waive sovereign or governmental immunity to suit and from liability of the state agency or political subdivision transferring an animal.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter L. Retirement of Law Enforcement Animal › Section 614.217. Effect of Surplus or Salvage Law

Sec. 614.217.  EFFECT OF SURPLUS OR SALVAGE LAW.  Subchapter D, Chapter 2175, of this code, Subchapter D, Chapter 263, Local Government Code, and other similar laws regarding the disposition of surplus or salvage property do not apply to the transfer of a law enforcement animal under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 36 (S.B. 2100), Sec. 1, eff. May 14, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter M. Accompanying or Filming of Peace Officers › Section 614.231. Definitions

Sec. 614.231.  DEFINITIONS.  In this subchapter:
(1)  "Law enforcement agency" means an agency of this state or a political subdivision of this state that employs peace officers other than game wardens.
(2)  "Reality television program" means a nonfictional television program that features the same live subjects over the course of more than one episode primarily for entertainment purposes, but does not include reporting on a matter of public concern by a journalist as defined by Article 38.11, Code of Criminal Procedure.
Added by Acts 2021, 87th Leg., R.S., Ch. 134 (H.B. 54), Sec. 2, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 614 - Peace Officers and Fire Fighters › Subchapter M. Accompanying or Filming of Peace Officers › Section 614.232. Accompanying and Filming Peace Officers for Reality Television Program Prohibited

Sec. 614.232.  ACCOMPANYING AND FILMING PEACE OFFICERS FOR REALITY TELEVISION PROGRAM PROHIBITED.  A law enforcement agency may not authorize a person to accompany and film a peace officer acting in the line of duty for the purpose of producing a reality television program.
Added by Acts 2021, 87th Leg., R.S., Ch. 134 (H.B. 54), Sec. 2, eff. May 26, 2021.
2023 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 › Section 615.001. Definition

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.
2023 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 › Section 615.002. Administration of Chapter

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.
2023 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 › Section 615.004. Effect of Award

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 or 615.024 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 660 (H.B. 90), Sec. 3, eff. September 1, 2023.
2023 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 › Section 615.005. Assistance Not Assignable; Payments Exempt

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.
2023 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 › Section 615.006. Designation of Custodial Personnel

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.
2023 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 › Section 615.007. Certain Volunteer Fire-Fighting Units Considered Agents of Political Subdivision

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.
2023 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 › Section 615.008. Certain Police Reserve or Auxiliary Units Considered Agents of Political Subdivision

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.
2023 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 B. Payments to Eligible Survivors › Section 615.022. Payment to Survivors

Sec. 615.022.  PAYMENT TO SURVIVORS.  (a)  If there is an eligible surviving spouse, the state shall pay the benefits described by Subsection (d) to the eligible surviving spouse.
(b)  If there is no eligible surviving spouse, the state shall pay the benefits described by Subsection (d) in equal shares to surviving children.
(c)  If there is no eligible surviving spouse or child, the state shall pay the benefits described by Subsection (d) in equal shares to surviving parents.
(d)  An eligible survivor, or eligible survivors in equal shares, are entitled to receive a lump sum payment in the amount provided by this subsection.  The lump sum payment amount payable to an eligible survivor during the 12 months beginning September 1, 2019, is $500,000.  Effective September 1 of each following year, the board of trustees of the Employees Retirement System of Texas by rule shall adjust the amount of the lump sum payment required under this subsection by an amount equal to the percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor for the preceding year.  The amount paid to an eligible survivor or survivors as adjusted under this subsection is calculated based on the date of the decedent's death and not on the date the eligible survivor or survivors file a claim under this chapter.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 718 (H.B. 1278), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1181 (H.B. 3635), Sec. 1, eff. September 1, 2019.
2023 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 B. Payments to Eligible Survivors › Section 615.023. Payment to Surviving Minor Child

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)  $400 each month, if there is one surviving child;
(2)  $600 each month, if there are two surviving children; or
(3)  $800 each month, if there are three or more surviving children.
(b)  A child's entitlement to assistance payable under this section ends on the last day of the month that includes 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 718 (H.B. 1278), Sec. 2, eff. September 1, 2015.
2023 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 B. Payments to Eligible Survivors › Section 615.024. Payment to Survivors of Members of Texas Military Forces

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 under this chapter, if:
(1)  the individual died while on state active duty;
(2)  the Texas Military Department certifies to the Employees Retirement System of Texas that the circumstances of the individual's death entitle an eligible survivor to the payment of assistance under this chapter; and
(3)  the survivor 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)  The Texas Military Department shall adopt rules providing the circumstances under which the death of an individual described by Subsection (b) entitles an eligible survivor to the payment of assistance under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 660 (H.B. 90), Sec. 5, eff. September 1, 2023.
2023 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 C. Administration and Procedure › Section 615.041. Consideration and Determination of Claim; Compelled Compliance

Sec. 615.041.  CONSIDERATION AND DETERMINATION OF CLAIM; COMPELLED COMPLIANCE.  (a)  Not later than the 30th day after the date of the death of an individual listed under Section 615.003 that occurs in the performance of duties in the individual's position as described by Section 615.003 or as a result of an action that occurs while the individual is performing those duties, the individual's employing entity shall furnish to the board of trustees of the Employees Retirement System of Texas proof of the death in the form and with additional evidence and information required by the board.  The employing entity shall furnish the evidence and information required under this subsection regardless of whether the employing entity believes the individual's death satisfies the eligibility requirements established under Section 615.021(a)(1).
(b)  The board of trustees shall consider the proof, evidence, and information provided under Subsection (a), and any additional information required by the rules adopted in accordance with Section 615.002, to determine whether the individual's death satisfies the eligibility requirements established under Section 615.021(a)(1) and justifies the payment of assistance to the individual's eligible survivors under this chapter.
(c)  If the individual's employing entity fails to comply with Subsection (a), the attorney general may use any means authorized by law, including filing suit for a writ of mandamus against the employer, to compel the employer's compliance with this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 50 (S.B. 423), Sec. 1, eff. May 12, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1049 (H.B. 872), Sec. 1, eff. September 1, 2019.
2023 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 C. Administration and Procedure › Section 615.042. Award and Payment of Assistance

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.
2023 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 C. Administration and Procedure › Section 615.043. Denial of Claim

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.
2023 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 C. Administration and Procedure › Section 615.044. Appeals

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.
2023 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 D. Health Insurance Coverage for Eligible Survivors › Section 615.071. Applicability

Sec. 615.071.  APPLICABILITY.  This subchapter applies only to eligible survivors of:
(1)  an individual listed in Section 615.003(1), (6), or (7);
(2)  an individual listed in Section 615.003(10) or (11) who is employed by a political subdivision of the state; or
(3)  an individual who is:
(A)  described by Section 615.003(15); and
(B)  employed as a trainee for a position otherwise described by this section.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 50 (S.B. 423), Sec. 3, eff. May 12, 2011.
2023 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 D. Health Insurance Coverage for Eligible Survivors › Section 615.072. Eligible Survivors

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.
(b-1)  A survivor of an individual listed under Section 615.071 who would have been eligible for health insurance benefits during the life of the individual may not be denied health insurance benefits on the ground that the survivor was enrolled in group health insurance with another employer as of the date of the individual's death.
(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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 50 (S.B. 423), Sec. 4, eff. May 12, 2011.
2023 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 D. Health Insurance Coverage for Eligible Survivors › Section 615.073. Benefit to Surviving Spouse

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 or continue to purchase 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 or continue to purchase 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 purchase or 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 (S.B. 872), Sec. 3, eff. May 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 50 (S.B. 423), Sec. 5, eff. May 12, 2011.
2023 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 D. Health Insurance Coverage for Eligible Survivors › Section 615.074. Benefit to Dependent

Sec. 615.074.  BENEFIT TO DEPENDENT.  (a)  An eligible surviving dependent who is a minor child is entitled to purchase or continue to purchase health insurance coverage until the date the dependent reaches the age of 18 or a later date to the extent required by state or federal law.
(b)  An eligible surviving dependent who is not a minor child is entitled to purchase or continue to purchase 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 (S.B. 872), Sec. 4, eff. May 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 50 (S.B. 423), Sec. 6, eff. May 12, 2011.