1. (a) An adult survivor or a person with authority to act on behalf of a survivor may initiate an application for benefits under Tex. Gov't Code Chapter 615, except that for benefits payable to survivors of members of Texas military forces under Tex. Gov't Code § 615.024, the system will make a determination regarding the payment of benefits based on information provided by the Texas Military Department, and the documentation requirements generally applicable to applications for benefits, as described in this chapter, will not apply to members of Texas military forces.
2. (b) The executive director or the executive director's designee, in his or her sole discretion, may waive any of the documentation requirements set forth in this chapter and may require any additional information, including sworn affidavits, necessary to establish the validity of a claim. The system may accept a certified copy by email, fax, or other electronic submission.

3. (c) The following documents must accompany an application for benefits:

   1. (1) a sworn statement, on a form prescribed by the system, that provides information related to eligibility for benefits and is executed by each survivor who is applying to receive a lump sum or the survivor's legal representative;
   2. (2) a certified copy of the death certificate;
   3. (3) a certified copy of the autopsy report, if an autopsy has been performed;

   4. (4) for a surviving spouse:

      1. (A) a copy of a marriage license or an equivalent government record showing a formal marriage between the survivor and the decedent;
      2. (B) a declaration of informal marriage, if one was filed; or

      3. (C) for an informal marriage without a declaration, documentation that proves the survivor and the decedent:

         1. (i) intended to have a present, immediate, and permanent marital relationship and did in fact agree to be married;
         2. (ii) at the time of the decedent's death, had been living together in Texas as spouses; and
         3. (iii) consistently represented to others that they were married (with occasional introductions as spouses being insufficient).
   5. (5) a certified copy of the birth certificate for each surviving child;
   6. (6) copies of official reports regarding the death;

   7. (7) a sworn statement from the employer or the employer's authorized representative that includes the decedent's official job description as an attachment and describes:

      1. (A) the circumstances surrounding the fatality, including the type of work being performed at the time of death, if the decedent was on duty at the time of death, and other duty-related information that is relevant to the claim;
      2. (B) the specific position held by the decedent at the time of death;
      3. (C) the dates of the decedent's employment;
      4. (D) contact information for the decedent's next of kin and other emergency contact information in the employer's possession; and
      5. (E) a description of the sources of information used to prepare the sworn statement.
   8. (8) for a surviving parent who applies for benefits, a certified copy of the decedent's birth certificate;

   9. (9) documentation from the appropriate authority which demonstrates:

      1. (A) if the decedent was a law enforcement officer as described in Tex. Gov't Code §615.003(1), that the decedent was a commissioned peace officer certified by the Texas Commission on Law Enforcement;
      2. (B) if the decedent was a fire protection professional as described in Tex. Gov't Code §615.003(10) or §615.003(11), that the decedent was certified by the Texas Commission on Fire Protection;
      3. (C) if the decedent was a member of an organized volunteer fire department as described in Tex. Gov't Code §615.003(12), that the decedent was a member of an organized volunteer fire department that conducted a minimum of two drills each month, with each drill being at least two hours long, and the decedent rendered fire-fighting services without remuneration;
      4. (D) if the decedent was a probation officer as described in Tex. Gov't Code §615.003(2), that the decedent had the qualifications and duties described in Tex. Gov't Code § 76.002 and § 76.005;
      5. (E) if the decedent was a parole officer as described in Tex. Gov't Code §615.003(3), that the decedent was a parole officer with the qualifications and duties described in Tex. Gov't Code § 508.001 and § 508.113;
      6. (F) if the decedent was a jailer or guard as described in Tex. Gov't Code §615.003(7), that the decedent was appointed by the sheriff and performed a security, custodial, or supervisory function over the admittance, confinement, or discharge of prisoners and that the decedent was certified by the Texas Commission on Law Enforcement;
      7. (G) if the decedent was an individual who performed emergency medical services or operated an ambulance as described in Tex. Gov't Code §615.003(13), that the decedent was certified as at least an "emergency care attendant"; or
      8. (H) if the decedent was a chaplain as described in Tex. Gov't Code §615.003(14), that the decedent was employed or formally designated as a chaplain by a specified fire department or law enforcement agency or by the Texas Department of Criminal Justice.
   10. (10) for the decedent's non-biological children, a copy of a transcript of the federal income tax return for the decedent for the year preceding the year of the decedent's death; and
   11. (11) copies of documents submitted in connection with a claim for workers' compensation benefits and decisions related to the claim, if requested by the system.

4. (d) For a survivor who is a minor child:

   1. (1) monthly payments will be paid to the duly qualified or appointed guardian of the child or if no guardian exists, another legal representative of the child; and
   2. (2) lump-sum payments will be paid to a duly appointed guardian of the child's estate or a management trust created under Estates Code Chapter 1301.
5. (e) Proof of the appointment of a guardian of a child's estate or the creation of a management trust will not be required before the system provides notice of the approval of an application for a lump-sum payment to a minor child, but payment may not be remitted until all steps necessary for the appointment of the guardian or the creation of the management trust are completed. Guardianship and trust documents must reflect that the court was aware of the approximate amount of the lump-sum benefit when making the decision to appoint a guardian or create a management trust.

Source Note:The provisions of this §75.1 adopted to be effective September 21, 1981, 6 TexReg 3427; amended to be effective September 12, 1985, 10 TexReg 3324; amended to be effective April 20, 1994, 19 TexReg 2551; amended to be effective September 15, 1997, 22 TexReg 9006; amended to be effective March 18, 2002, 27 TexReg 2058; amended to be effective December 31, 2003, 28 TexReg 11611; amended to be effective May 29, 2005, 30 TexReg 3021; amended to be effective December 26, 2013, 38 TexReg 9373; amended to be effective September 8, 2020, 45 TexReg 6238; amended to be effective April 5, 2026, 51 TexReg 2069.