PART 4. TEXAS MILITARY DEPARTMENT
CHAPTER 138. HAZARDOUS PROFESSION DEATH BENEFITS
The Texas Military Department (Department) adopts new Texas Administrative Code, Title 37, Part 4, Chapter 138. Specifically, the Department adopts new rules §138.1 regarding Applicability, §138.2 regarding Eligibility Determination, and §138.3 regarding Filing the Claim. New §138.1 is adopted with nonsubstantive formatting changes to the proposed text as published in the October 20, 2023, Texas Register (48 TexReg 6194), and will be republished. New §138.2 and §138.3 are adopted without changes and will not be republished.
The Department received no comments in response to the proposed new rules.
The new rules are adopted under Texas Government Code §615.024(c) that provides the Department shall adopt rules providing the circumstances under which the death of an individual described in §615.024(b) entitles an eligible survivor to payment of assistance under Government Code Chapter 615. The new rules establish procedures for confirming eligibility for payment of survivor benefits, verifying to whom benefits are to be paid, and how benefits will be processed under Chapter 615 claim process.
§138.1.Applicability.
(a) This rule applies to a member of the Texas Military Forces whose death occurs on or after September 1, 2023. For purposes of this rule, a death that occurs before September 1, 2023, is governed by the law in effect on the date the death occurred, and the former law is continued in effect for that purpose.
(b) A survivor of an individual who is a member of the Texas Military Forces is eligible to receive a lump sum payment under Texas Government Code Section 615.022 and monthly assistance under Section 615.023, as applicable, if:
(1) the individual died while on state active duty;
(2) the Texas Military Department certifies to the Employees Retirement System of Texas (ERS) that the circumstances of the individual's death entitle an eligible survivor to the payment of assistance under Chapter 615 of the Texas Government Code; and
(3) the survivor is:
(A) a beneficiary designated by the individual on the individual's United States Department of Defense Form DD-93; or
(B) a beneficiary designated by the individual on the Texas Military Department Record of Emergency Data form; or
(4) if there is no beneficiary described by Paragraph (3)(a) or (3)(b) of this section:
(A) the surviving spouse of the decedent;
(B) a surviving child of the decedent if there is no surviving spouse; or
(C) the surviving parent of the decedent if there is no surviving spouse or child.
(c) For purposes of this rule, a death on state active duty means the individual died because of a personal injury sustained in the line of duty in connection with the performance of military or emergency service for this state at the call of the governor or the governor's designee.
(1) "Personal injury" means an injury resulting from an external force, an activity, or a medical condition caused by or resulting from:
(A) a line-of-duty accident; or
(B) a medical condition caused by line-of-duty work under hazardous conditions.
(2) "Line of duty" means an action the individual is required or authorized by rule, condition of employment, or law to perform. The term includes, but is not limited to:
(A) an action by the individual at a social, ceremonial, athletic, or other function to which the individual is assigned by the individual's employer; and
(B) an action performed as part of a training program the individual is required or authorized by rule, condition of employment, or law to undertake.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2024.
TRD-202400060
Shelia Bailey Taylor
Director of State Administration
Texas Military Department
Effective date: January 28, 2024
Proposal publication date: October 20, 2023
For further information, please call: (512) 782-3390
CHAPTER 421. STANDARDS FOR CERTIFICATION
The Texas Commission on Fire Protection (Commission) adopts amendments to 37 Texas Administrative Code Chapter 421, Standards for Certification, concerning §421.1 Procedures for Meetings, §421.3, Minimum Standards Set by the Commission, and §421.17 Requirement to Maintain Certification.
The purpose of the proposed amendments to rule §421.1 is to provide information regarding the appointment of advisory committees as mentioned in 37 Texas Administrative Code, Chapter 463, Advisory Committees, Practice and Procedures. Proposed amendments to §421.3 include the following functional descriptions: Plans Examiner, Fire and Safety Educator I, Fire and Safety Educator II, and Fire Marshal. Proposed amendments to §421.17 outlines new guidelines for expired certifications from one year to greater than one year but no longer than five years.
Chapter 421, Standards for Certification, concerning §421.1 Procedures for Meetings, §421.3, Minimum Standards Set by the Commission, and §421.17 Requirement to Maintain Certification, is adopted without changes to the text as published in the December 1, 2023, issue of the Texas Register (48 TexReg 7013). These rules will not be republished.
No comments were received from the public regarding the adoption of the new rule.
The rule is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 8, 2024.
TRD-202400062
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Effective date: January 28, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-3812