For purposes of this subchapter, the following terms shall have the following meanings:
- (1) A peace officer eligible to receive payments under Tex. Code Crim. Proc. Art. 56.542 is defined as an individual elected, appointed, or employed to serve as a peace officer for a government entity under Tex. Code Crim. Proc. Art. 2.12 or other law, or is a former peace officer, who suffers personal injury as a result of criminally injurious conduct while performing duties as a peace officer.
- (2) The terms "total disability" and "permanent incapacity for work" are defined to be such disability as permanently incapacitates a peace officer from performing the usual and customary duties of a peace officer. Agency Comment: We recognize that these terms are similar to the term "total and permanent disability"as used in Art. 56.42. We differentiate the meanings in these two articles, because Art. 56.542 is a disability program, intended to benefit a peace officer who has a permanent disability to be a peace officer; whereas, Art. 56.42 is a reimbursement program, intended to reimburse a victim who, because of a permanent disability cannot engage in any substantial, gainful employment, and he or she will not likely improve throughout his or her lifetime.
Source Note:The provisions of this §61.702 adopted to be effective December 15, 2002, 27 TexReg 11513.