HBA-NLM H.B. 2298 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2298 By: Tillery Appropriations 3/25/1999 Introduced BACKGROUND AND PURPOSE Currently, permanently disabled officers who were injured while on duty as a result of a criminal act, are not eligible for benefits outside of Social Security Income disability, insurance, and worker's compensation. The purpose of this bill is to provide payment to certain disabled peace officers from the general revenue account 0469 (Compensation of Victims of Crime). H.B. 2298 provides that a peace officer is entitled to an annual payment if the officer employed by the state or a local governmental entity in this state sustains an injury as a result of criminally injurious conduct on or after September 1, 1989, in the performance of the officer's duties as a peace officer, and presents satisfactory evidences to the attorney general that the officer's condition is a total disability resulting in permanent incapacity for work and that the total disability has persisted for more than 12 months. This bill also establishes a formula for calculating the benefits and subjects the payments to an annual cost of living adjustment computed by the attorney general. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the attorney general and the comptroller in SECTION 2 (Article 56.542, Code of Criminal Procedure) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Requires this Act to be known as the Bill Biles Law. SECTION 2. Amends Subchapter B, Chapter 56, Code of Criminal Procedure, by adding Article 56.542, as follows: Art. 56.542. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS. (a) Defines "peace officer." (b) Provides that if a peace officer employed by the state or a local governmental entity in this state sustains an injury as a result of criminally injurious conduct on or after September 1, 1989, in the performance of the officer's duties as a peace officer and presents satisfactory evidences to the attorney general that the officer's condition is a total disability resulting in permanent incapacity for work and that the total disability has persisted for more than 12 months, the officer is entitled to an annual payment equal to the difference between: _any amounts received by the officer on account of the injury or disability from certain sources of income, if those amounts do not exceed the amount otherwise described; and _an amount equal to the officer's average annual salary during the officer's final three years as a peace officer. (c) Provides that the amount of payment under Subsection (b) is subject to an annual cost of living adjustment computed by the attorney general. Requires the attorney general to compute the amount of the cost of living and the amount of an initial payment that is based on an injury suffered between September 1, 1989, and September 1, 1998, according to the formula provided by this section. (d) Provides that a peace officer, in order to receive a payment under this section, must furnish to the attorney general: _proof that the injury was sustained in the performance of the applicant's duties as a peace officer and is a total disability resulting in permanent incapacity for work; and _other information or evidence the attorney general requires. (e) Authorizes the attorney general to approve the application without a hearing or to conduct a hearing under Article 56.40 (Hearings). Subjects the decision of the attorney general to judicial review under Article 56.48 (Judicial Review). (f) Authorizes the attorney general to appoint a panel of physicians to periodically review each application for assistance under this article to ensure the validity of each application and the necessity of continued assistance to each peace officer. (g) Requires the attorney general to notify the comptroller of the attorney general's determination that a claim under this section is valid and justifies payment. Requires the comptroller, upon receipt of the notice, to issue a warrant to or in behalf of the claimant in the proper amount from amounts in the compensation to victims of crime fund and provides that payment under this section is payable as soon as possible after the attorney general notifies the comptroller. Requires the attorney general and the comptroller, by rule, to adopt a memorandum of understanding to establish procedures under which annual payments continue to a peace officer until continued assistance is no longer necessary. (h) Provides that Article 56.37 (Time for Filing) does not apply to the filing of an application under this article. Provides that other provisions apply to this article to the extent applicable and consistent with this article. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.