HBA-MPA H.B. 195 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 195
By: Longoria
Appropriations
4/14/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas provides $50,000 to the surviving family of certain public
servants killed in the line of duty.  H.B. 195 increases the benefits paid
to such survivors to $250,000 and also gives surviving dependent children
an opportunity to attend an institution of higher learning by exempting
them from payment of tuition and room and board. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 615.022, Government Code, to require the state to
pay an eligible surviving  spouse of certain public servants $250,000,
rather than $50,000. 
   
SECTION 2. Amends Section 615.023, Government Code, as follows:

Sec. 615.023  PAYMENT TO SURVIVING MINOR CHILD.  (a) Requires the state to
pay the guardian or legal representative of an eligible surviving minor
child $500, rather than $200, per month if there is one child, $750, rather
than $300, per month if there are two children, or $1,000, rather than
$400, per month if there are three or more children. 

(b) Provides that a child's entitlement to assistance continues until the
child's 21st birthday or, if the child is enrolled full-time as a student
at a public institution of higher education as defined by Sec. 61.003(8),
Education Code, until the child receives a bachelor's degree, earns 200
credit hours, or ceases to be enrolled as a full-time student, whichever
occurs first.  Makes nonsubstantive changes. 

(c) Makes conforming and nonsubstantive changes.

(d) Created from existing Subsection (c).

(e) Provides that failure to register for a summer semester does not affect
a child's status as a full-time student. 

SECTION 3.  Amends Subchapter B, Chapter 615, Government Code, by adding
Section 615.0235, as follows: 

Sec. 615.0235.  EDUCATION BENEFITS FOR SURVIVING SPOUSE OR MINOR CHILD.
(a) Provides that education benefits apply only to an eligible surviving
spouse or minor child who is enrolled as a full-time student at an
institution of higher education as defined by Section 61.003(8), Education
Code. 

(b) Provides that such student is exempt from tuition and fees at the
institution of higher education until the student receives a bachelor's
degree or 200 credit hours, whichever occurs first. 
 (c) Requires the institution to pay the cost of food and housing until the
student receives a bachelor's degree or 200 course hours, whichever occurs
first, if the student elects and qualifies to reside in housing provided by
the institution of higher education.  Requires the institution to pay the
student a monthly amount equivalent to what the institution would have
spent if the student had  resided in housing provided by the institution,
if space is not available at the institution's housing.  Provides that
these amounts are to be paid from the general revenue appropriated to the
institution and that the institution is not required to make these payments
if the student would not qualify to reside in housing provided by the
institution. 

(d) Requires the institution to pay, from its general revenue
appropriation, the cost of the student's textbooks until the student
receives a bachelor's degree or 200 credit hours, whichever occurs first. 

(e) Provides that education benefits are in addition to any payment made
under Sections 615.022 or 615.023 to an eligible surviving spouse or minor
child. 

SECTION 4. Amends Section 615.024, Government Code, to require the state to
pay an eligible surviving parent $250,000, rather than $50,000, if there is
only one parent, and $125,000 each, rather than $25,000 each, if there are
two parents. 

SECTION 5.  Amends Section 615.025, Government Code, to require the state
to pay an eligible surviving dependent sibling an equal share of $250,000,
divided among all eligible siblings rather than monthly payments up to age
18 based on the number of eligible siblings, as was previously provided.
Redesignates existing subsection (c) as subsection (b). 

SECTION 6. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 7. Emergency clause.