HBA-CCH H.B. 1273 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1273
By: Davis, John
Pensions & Investments
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a peace officer or fire fighter who is injured in the line of
duty receives a disability retirement payment that may not cover all
incurred expenses.  House Bill 1273 provides a one-time payment of $75,000
to a person who sustains a permanent incapacitating injury in the
performance of duty as 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. 

ANALYSIS

House Bill 1273 amends the Government Code to create the peace officer and
fire fighter supplemental payment account that is an account in the general
revenue fund to provide a one-time payment to a peace officer or fire
fighter who is permanently disabled in the line of duty.  The bill provides
that the account consists of gifts, grants, and other revenue required by
law to be credited to the account.  H.B. 1273 entitles a peace officer or
fire fighter employed by the state or a local governmental entity in Texas
to a onetime payment of $75,000 if  the person provides proof to the
Employees Retirement System of Texas (ERS) that the person suffered a total
disability resulting in permanent incapacity for work during the
performance of duties as a peace officer or fire fighter and any other
information or evidence required by ERS.  The bill requires ERS to notify
the comptroller of public accounts of  ERS's determination that a claim is
valid and justifies payment.  The comptroller is then required to issue a
warrant to or on behalf of the claimant in the proper amount from the fund.
The payment is payable as soon as possible after ERS notifies the
comptroller. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.