Title GV, Government Code

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 proce…

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 c…

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…

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, th…

Sec. 615.021. ELIGIBLE SURVIVORS. (a) A survivor of an individual listed under Section 615.003 is eligible for the payment of assistance under this chapter if: (1) the listed individual died as a result of a personal injury sustained in the line of duty in the individual's positi…

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 …

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 surv…

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 in…

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 61…

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 is…

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 clai…

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 ap…

Sec. 615.045. RECORDS. (a) Records of individuals listed by Section 615.003 or described by Section 615.024 and of survivors eligible for benefits under this chapter that are in the custody of the Employees Retirement System of Texas, an administering firm as defined by Section 1…

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 w…

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 ind…

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 b…

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…

Sec. 615.075. NOTICE. (a) An employing entity shall provide written notice to an eligible survivor to whom this subchapter may apply of the survivor's rights under this subchapter not later than the 10th day after the date of the decedent's death. Not later than the 150th day aft…

Sec. 615.076. LEVEL OF COVERAGE. (a) An eligible survivor may elect to purchase or continue to purchase coverage at any level of benefits currently offered by the employing entity to dependents of an active employee. (b) An eligible survivor may elect to purchase or continue to p…

Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is entitled to coverage under this subchapter: (1) is entitled to: (A) make payments for the coverage or have payments made on the survivor's behalf at the same time and to the same entity that payments for coverage are made …

Sec. 615.078. CERTAIN PRACTICES NOT PROHIBITED OR AFFECTED. This subchapter does not: (1) prohibit an employing entity from uniformly changing the group health insurance plan or group health coverage plan provided for its employees and employees' dependents; (2) affect the defini…

Sec. 615.079. BENEFITS ADDITIONAL. The benefits provided by this subchapter are in addition to any other benefits provided by this chapter. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept. 1, 1995.

Sec. 615.080. GRACE PERIOD. Health insurance benefits coverage in force on the date of the decedent's death under which a deceased individual listed under Section 615.071 covered one or more other persons may not lapse before the 181st day after the date of the decedent's death f…

Sec. 615.101. DEFINITION. In this subchapter, "governmental entity" includes the state, an agency or institution of the state, or a political subdivision of the state. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept. 1, 1995.

Sec. 615.102. DUTY WEAPON AND BADGE. (a) This section applies only to: (1) an individual listed in Section 615.003(1) who is employed by a political subdivision of the state; (2) a peace officer under Article 2A.001, Code of Criminal Procedure, or other law who is employed by the…

Sec. 615.103. BURIAL WITH UNIFORM. (a) This section applies only to: (1) an individual listed in Section 615.003(1) who is employed by a political subdivision of the state; (2) a peace officer under Article 2A.001, Code of Criminal Procedure, or other law who is employed by the s…

Sec. 615.104. BENEFITS ADDITIONAL. The benefits provided by this subchapter are in addition to any other benefits provided by this chapter. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.13(a), eff. Sept. 1, 1995.

Sec. 615.105. PROVISION OF STATE FLAG. (a) This section applies only to: (1) an individual elected, appointed, or employed as a peace officer by the state or a political subdivision of the state under Article 2A.001, Code of Criminal Procedure, or other law; or (2) an honorably r…

Sec. 615.121. PAYMENT TO SURVIVING SPOUSE. (a) The state shall pay the following benefits to an eligible surviving spouse of a peace officer, a jailer, a county jailer or guard, or an employee of the Texas Department of Criminal Justice, as described by Section 615.003(1), (4), (…

Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an eligible surviving spouse who would be entitled to benefits under Section 615.121 does not exist but one or more eligible surviving minor children of the deceased peace officer or employee of the Texas Department of Crimina…

Sec. 615.123. BENEFITS ADDITIONAL. The benefits provided by this subchapter are in addition to any other benefits provided by this chapter. Added by Acts 2001, 77th Leg., ch. 1438, Sec. 7, eff. Sept. 1, 2001.