HBA-DMH C.S.H.B. 253 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 253
By: Longoria
Appropriations
4/20/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the state is required to pay $50,000 to the surviving
spouse or parent of certain public servants killed in the line of duty.
C.S.H.B. 253 increases to $250,000 the amount the state is required to pay
to an eligible surviving spouse, child, or parent of certain law
enforcement officers, firefighters, and other public servants and provides
fee exemptions for a surviving spouse or  child attending a public
institution of higher education. 

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

C.S.H.B. 253 amends the Government Code to increase to $250,000 the amount
the state is required to pay to an eligible surviving spouse, child, or
parent of certain law enforcement officers, firefighters, and other public
servants.  Additionally, the bill modifies the method of payment to
specified surviving family members of a public servant or their guardian or
legal representative by providing for a one-time payment, rather than a
series of monthly payments.  The bill deletes provisions that include  a
surviving dependent sibling as an eligible survivor. 

In addition to such payments, the bill provides that an eligible surviving
spouse or child who enrolls as a fulltime student at any public institution
of higher education in Texas is exempt from tuition and fees at that
institution, and requires such an institution to pay to the students from
its general revenue appropriations the cost of the student's textbooks,
food, and housing under certain conditions until the student receives a
bachelor's degree or earns 200 credit hours, whichever occurs first.  

The change in law made by the Act relating to the death of certain public
servants applies only in relation to a death that occurs on or after
September 1, 2000. 

EFFECTIVE DATE

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 253 differs from the original by deleting provisions that
included a surviving dependent sibling as an eligible survivor of a public
servant and repealing provisions that provided for monthly payments to such
a sibling.  The substitute also repeals law providing for monthly payments
to a minor child or parent and provides for lump sum payments of $250,000
to surviving children regardless of age, or parents under certain
conditions.  The substitute modifies the effective date of the Act.  The
substitute provides that the change in law made by the Act relating to the
death of certain public servants applies only in relation to a death that
occurs on or after September 1, 2000.