HBA-NLM C.S.H.B. 2298 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2298 By: Tillery Appropriations 4/21/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, permanently disabled officers who were injured while on duty as a result of a criminal act are not eligible for benefits outside of Social Security Income disability, insurance, and worker's compensation. The purpose of this bill is to provide payment to certain disabled peace officers from the general revenue account 0469 (Compensation of Victims of Crime). C.S.H.B. 2298 provides that Article 56.37 (Time for Filing) does not apply to a peace officer injured after August 31,1989, and before September 2, 1999, as a result of the criminally injurious conduct of another person while the officer is performing duties as a peace officer. In addition, this bill authorizes those peace officers to file an application by September 1, 2000, if they otherwise meet the requirements of these provisions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority is to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Requires this Act to be known as the Bill Biles Law. SECTION 2. Amends Subchapter B, Chapter 56, Code of Criminal Procedure, by adding Article 56.375, as follows: Art. 56.375. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS. (a) Defines "peace officer." (b) Provides that Article 56.37 does not apply to a peace officer injured after August 31,1989, and before September 2, 1999, as a result of the criminally injurious conduct of another person while the officer is performing duties as a peace officer. Authorizes those peace officers to file an application under this subchapter by September 1, 2000, if they otherwise meet the requirements of this subchapter. (c) Provides that this section expires September 2, 2000. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2298 modifies the original in SECTION 2 by replacing proposed Article 56.542, Chapter 56, Code of Criminal Procedure, with new Article 56.375. The substitute redesignates proposed Article 56.542(a) of the original to Article 56.375(a) in the substitute. The substitute adds a new Subsection (b), providing that Article 56.37 does not apply to a peace officer injured after August 31,1989, and before September 2, 1999, as a result of the criminally injurious conduct of another person while the officer is performing duties as a peace officer. This subsection authorizes those peace officers to file an application under this subchapter by September 1, 2000, if they otherwise meet the requirements of this subchapter. The substitute adds a new Subsection (c), providing that this section expires September 2, 2000. C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(b), Chapter 56, Code of Criminal Procedure. This subsection in the original provided that if a peace officer employed by the state or a local governmental entity in this state sustains an injury as a result of criminally injurious conduct on or after September 1, 1989, in the performance of the officer's duties as a peace officer and presents satisfactory evidences to the attorney general that the officer's condition is a total disability resulting in permanent incapacity for work and that the total disability has persisted for more than 12 months, the officer is entitled to an annual payment equal to the difference between: _any amounts received by the officer on account of the injury or disability from certain sources of income, if those amounts do not exceed the amount otherwise described; and _an amount equal to the officer's average annual salary during the officer's final three years as a peace officer. C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(c), Chapter 56, Code of Criminal Procedure. This subsection in the original provided that the amount of payment under Subsection (b) is subject to an annual cost of living adjustment computed by the attorney general. Requires the attorney general to compute the amount of the cost of living and the amount of an initial payment that is based on an injury suffered between September 1, 1989, and September 1, 1998, according to the formula provided by this section. C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(d), Chapter 56, Code of Criminal Procedure. This subsection in the original provided that a peace officer, in order to receive a payment under this section, must furnish to the attorney general proof that the injury was sustained in the performance of the applicant's duties as a peace officer and is a total disability resulting in permanent incapacity for work; and other information or evidence the attorney general requires. C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(e), Chapter 56, Code of Criminal Procedure. This subsection in the original authorized the attorney general to approve the application without a hearing or to conduct a hearing under Article 56.40 (Hearings). Subjects the decision of the attorney general to judicial review under Article 56.48 (Judicial Review). C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(f), Chapter 56, Code of Criminal Procedure. This subsection in the original authorized the attorney general to appoint a panel of physicians to periodically review each application for assistance under this article to ensure the validity of each application and the necessity of continued assistance to each peace officer. C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(g), Chapter 56, Code of Criminal Procedure. This subsection in the original required the attorney general to notify the comptroller of the attorney general's determination that a claim under this section is valid and justifies payment. This subsection required the comptroller, upon receipt of the notice, to issue a warrant to or in behalf of the claimant in the proper amount from amounts in the compensation to victims of crime fund and provides that payment under this section is payable as soon as possible after the attorney general notifies the comptroller. This subsection required the attorney general and the comptroller, by rule, to adopt a memorandum of understanding to establish procedures under which annual payments continue to a peace officer until continued assistance is no longer necessary. C.S.H.B. 2298 modifies the original in SECTION 2 by deleting proposed Article 56.542(h), Chapter 56, Code of Criminal Procedure. This subsection in the original provided that Article 56.37 (Time for Filing) does not apply to the filing of an application under this article. This subsection provided that other provisions apply to this article to the extent applicable and consistent with this article.