NEY GENERAL
June 16, 1967
Thomas S. Bishop Opinion No. M- 93
Major Qeneral, TexAFWG
Adjutant General of Texas Re: Questions relative to the
Austin, Texas construction of House Bill
108, enacted by the 60th
Dear General Bishop: Legislature.
In a recent letter to this office you requested an
opinion In regard to the above referenced matter. We quote
from your letter as follows:
"1 * Does a surviving child of a guards-
man, who is killed while performing State duty,
commence receiving the child's compensation,
authorized under Section lc .of HB 108,at the
same time the surviving spouse starts receiving
the $120. per month plus 12 l/2$ of the basic
pay of the guardsman or Is this compensation
only payable to the child In the event of the
death of remarriage of the surviving spouse?
n2. If a guardsman Is injured, while
performing State duty and Is unaware of his
entitlements under HB 108,and at a later date
becomes aware of his benefits and files a claim,
will his benefits commence with the date of his
filing or will they commence with the date of
injury?"
The applicable portions of House Bill 108,Acts 60th
Legislature, 1967 (amending Article 5783,Sec. 10, Vernon's Clvi
Statutes) read as follows:
"Section 10. DISABLEDMEN. (a) Every
member of the Military Forces of this state who
shall be wounded, disabled or Injured, or who
shall contract any disease or Illness, In line
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I
Thomas S. Bishop, page 2 (M-93)
of duty while in the service of this state in
case of riot, tumult, breach of the peace, re-
sistance to process, Invasion, insurrection, or
imminent danger thereof, or whenever called upon
in aid of the civil authorities, or when partlci-
pating in any training formation or activity
under order of the commanding officer of his
unit, or while traveling to or from his place
of duty In such Instances, shall be entitled
to and shall receive, or be reimbursed for,
hospitalization, rehospitalization, and medl-
cal and surgical care In a hospital and at
his home appropriate for the treatment of such
wounding, disability, injury, disease or ill-
ness, and necessary transportation Incident
thereto 80 long as such wounding, disability,
injury, disease or illness exists, and shall re-
ceive the same pay and allowance whether in
money or in kind, to which he was entitled ,at
the time when the injure was Incurred or the
disease or illness contracted, during the period
of his disability but not for more than a total
f twelve (12) months after the end of his tour
:f duty.
“(b) A member of the Military Forces of
the state who Incurs a permanent disability while
performing a military duty as provided In Sub-
eectlon (a) of this section is entitled to re-
ceive a compensation based on a percentage of
total disability. In addition to this compen-
sation the disabled person shall be entitled to
and shall receive or be reimbursed for hospltali-
zatlon, rehospltalixatlon, and medical and surgl-
cal care In a hospital or at his home as appro-
priate for the treatment of such wounding, dls-
ability, Injury, disease or illness, and necessary
transportation incident thereto for the duration
of his dlsablement. The Adjutant General of
Texaa shall appoint at least five persons, Including
at least one officer of the Medical Corps, to a
board of officers which shall determine the percent-
age of total disability and award compensation for
the disability. A person who Incurs a permanent
disability as provided In this subsection 3.8 en-
titled to receive a compensation set by the board
of officers of up to $120 per month plus 12 l/2
percent of the basic pay of the grade or rank
held by that person at the time the disability was
Incurred. The board of officers shall review each
award of compensation annually on a date set by
the Adjutant General of Texas to determine whether
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Thomas S. Bishop, page 3 (M-93)
each award of compensation should be continued,
Increased, reduced, or eliminated. Compensation
under this subsection may not be awarded or paid
until the provisions of Subsection (a) have been
complied with.
"(c) If a member of the Military Forces of
the state dies as a result of injuries or disease
Incurred as provided In Subsection (a) of this
section, his estate shall be entitled to any re-
imbursement for which the deceased would have been
entitled and to his accrued pay and allowances and
compensation or reimbursement for actual funeral
expenses not to exceed the sum of Five Hundred
Dollars ($500). His surviving spouse is entitled
to receive a compensation of 120 per month lus
12 l/2 percent of the basic pzy established sor
the member of State Military Forces until the
surviving spouse dies or remarries. If the sur-
viving spouse remarries and there are surviving
children, the children will receive compensation
as follows:
In answer to your first question, a surviving child of
a guardsman who Is survived by his spouse, and who Is killed while
performing State duty, Is entitled to the compensation provided In
the Act only in the event that the surviving spouse subsequently
dies or remarries.
In answer to your second question, the following language
contained In House Bill 108 is controlling:
.and shall receive the same pay and
allowance whether in money or In kind, t,o which
he was entitled at the time when the injury was
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. ,J
Thomas S. Bishop, page 4 (M-93)
incurred or the disease or Illness contracted,
during the period of his disability but not for
more than a total of twelve 12) months after the
end of his tour of duty." (&nphasls added.)
The Injured or disabled guardsman Is entitled to re-
ceive the benefits provided in the Act commencing with the
date of the Injury or disability.
SUMMARY
Pursuant to H.B. 108, 60th Legislature, a
surviving child of a guardsman who Is killed
while performing State duty Is entitled to the
compensation provided In the Act only In the
event that the spouse of the guardsman does not
survive or In the event that a spouse who does
survive subsequently dies or remarries.
An Injured or disabled guardsman is en-
titled to receive the benefits provided In the
Act commencing with the date of the injury or
d,lsabllity.
/7
@J$jjgg~~~
Att ney G&era1 of Texas
Prepared by Lewis E. Berry, Jr?
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
W. V. Geppert, Co-Chairman
Kerns Taylor
John Banks
Roger Tyler
Paul Martln
STAFF LEGALASSISTANT
A. J. Carubbi, Jr.
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