HBA-TBM, CCH C.S.H.B. 877 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 877
By: Flores
Appropriations
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Employee Retirement System of Texas (ERS) does not
provide benefits to the surviving spouses and minor children (survivor) of
state peace officers or employees of the institutional division or state
jail division of the Texas Department of Criminal Justice (employees)
killed in the line of duty, who have not yet vested in ERS at the time of
death.  Providing survivor benefits to the beneficiaries of deceased
officers and employees would help to ease the financial burden that
compounds a surviving family's emotional difficulties.  C.S.H.B. 877
provides survivor benefits for the family of state peace officers and
employees killed in the line of duty.   

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. 877 amends the Government Code relating to the benefits provided
to the surviving spouse or minor children of a peace officer or an employee
of the institutional division or state jail division of the Texas
Department of Criminal Justice (employee) killed in the line of duty who
had not qualified for an annuity under an employees' retirement plan.  The
bill requires the state to pay for the deceased officer or employee's
funeral expenses and the greater of monthly annuity payments that the
deceased officer or employee would have received had the officer or
employee survived and retired on the last day of the month in which the
officer or employee died, or the minimum monthly annuity payment the
deceased officer or employee would have received if the officer or employee
had been employed by the state for 10 years, had been paid a salary at the
lowest amount provided by the General Appropriations Act for a peace
officer or employee, and had been eligible to retire under the Employees
Retirement System of Texas.  The bill entitles a surviving spouse to
receive monthly payments until the surviving spouse remarries, becomes
eligible for retirement under an employees' retirement plan, or becomes
eligible for Social Security benefits. If an eligible surviving spouse does
not exist, the state is required to pay the funeral expenses of the
deceased officer or employee to the guardian or legal representative of any
surviving minor children.  These benefits supplement any other benefits
provided under current law.  This Act applies only to a peace officer or
employee killed in the line of duty on or after September 1, 2001. 

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 877 differs from the original by requiring the state to also pay
survivor benefits for an employee of the institutional division or state
jail division of the Texas Department of Criminal Justice who was killed in
the line of duty.  The substitute no longer amends the Tax Code and removes
provisions regarding a bullet tax.