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(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):
(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 proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 9, 2023
TRD-202303761 Shelia Bailey Taylor
Director of State Administration
Texas Military Department
Earliest possible date of adoption: November 19, 2023
For further
information, please call: (512) 782-3390
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