Sec. 615.024.  PAYMENT TO SURVIVORS OF MEMBERS OF TEXAS MILITARY FORCES.  (a)  In this section, "state active duty," "Texas military forces," and "Texas National Guard" have the meanings assigned by Section 437.001.
(b)  Notwithstanding Section 615.003 or 615.021, a survivor of an individual who is a member of the Texas military forces is eligible to receive a lump sum payment described by Section 615.022 and monthly assistance described by Section 615.023, as applicable, which are the exclusive benefits available under this chapter, if:
(1)  the individual died while on state active duty;
(2)  the Texas Military Department certifies to the Employees Retirement System of Texas that the circumstances of the individual's death entitle an eligible survivor to the payment of assistance under this chapter; and
(3)  the survivor is:
(A)  if the individual is a member of the Texas National Guard, a beneficiary designated by the individual on the individual's United States Department of Defense Form DD-93; or 
(B)  if the individual is not a member of the Texas National Guard or there is no beneficiary described by Paragraph (A):
(i)  the surviving spouse of the individual;
(ii)  a surviving child of the individual, if there is no surviving spouse; or 
(iii)  the surviving parent of the individual, if there is no surviving spouse or child.
(c)  The Texas Military Department shall adopt rules providing the circumstances under which the death of an individual described by Subsection (b) entitles an eligible survivor to the payment of assistance under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 660 (H.B. 90), Sec. 5, eff. September 1, 2023.