(a) The Department will utilize the investigative procedures established in Army Regulation 600-8-4, Line of Duty Policy, Procedures, and Investigations, to verify the line of duty death of an individual in the Texas Military Forces, for purposes of confirming survivor eligibility for benefit payments under Chapter 615 of the Texas Government Code.
(b) In a determination of whether the survivor of a decedent listed under Section 615.003 is eligible for benefits under Chapter 615, any reasonable uncertainty arising from the circumstances of the individual's death shall be resolved in favor of the payment of benefits to the survivor.

Source Note: The provisions of this §138.2 adopted to be effective January 28, 2024, 49 TexReg 281