1. (a) Any one of the following will be sufficient evidence of total disability resulting in permanent incapacity for work:

   1. (1) a determination of total and permanent disability by the Texas Workers' Compensation Commission;
   2. (2) a determination of total and permanent disability by a Pension Board created pursuant to Tex. Rev. Civ. Stat. Art. 6243d-1;
   3. (3) a determination of total and permanent disability by another governmental agency authorized to make such determination; or
   4. (4) a determination of total and permanent disability by an independent medical examination made at the request of the OAG.
2. (b) A peace officer shall be subject at all times to re-examination by the OAG and shall submit himself or herself to such further examination as the OAG may require. If any peace officer shall refuse to submit himself or herself to any such examination, the OAG may within its discretion, stop making annual payments. If a peace officer whose total disability has resulted in a permanent incapacity for work in the opinion of the OAG, recovers so that he or she is able to perform the usual and customary duties of a peace officer, the OAG may stop annual payments.

Source Note:The provisions of this §61.704 adopted to be effective December 15, 2002, 27 TexReg 11513.