(a) In this article, “state active duty,” “Texas military forces,” and “Texas National Guard” have the meanings assigned by § 437.001, Government Code.
(b) The attorney general shall award a lump sum payment in accordance with Subsection (c) to a claimant on behalf of an individual who is a victim of border crime and a member of the Texas military forces if:
(1) the individual died on or after March 6, 2021, but before September 1, 2023, while on state active duty;
(2) the individual’s death was in connection with operations initiated to address criminal activity in the border region; and
(3) the claimant 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.

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Terms Used In Texas Code of Criminal Procedure 56B.109

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(c) For purposes of Subsection (b), the lump sum payment amount payable to an eligible claimant is:
(1) if there is a claimant described by Subsection (b)(3)(A) or (B)(i), $500,000 paid to the claimant; or
(2) if there is no claimant described by Subsection (b)(3)(A) or (B)(i), $500,000, in equal shares:
(A) paid to each claimant described by Subsection (b)(3)(B)(ii); or
(B) paid to each claimant described by Subsection (b)(3)(B)(iii) if there is no claimant described by Subsection (b)(3)(B)(ii).
(d) This article may not be construed to limit the assistance or compensation a claimant may otherwise receive under this chapter.
(e) For purposes of this article, a beneficiary designated by an individual on the individual’s United States Department of Defense Form DD-93 is a “claimant.”