1. (a) A person is eligible to have the person's name on the Memorial Monument if the person was killed in the line of duty and was:

   1. (1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2.12, Code of Criminal Procedure, or other law;
   2. (2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2.122, Code of Criminal Procedure;
   3. (3) a corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state; or
   4. (4) a Texas peace officer who, in historical perspective, would be eligible under any of the preceding criteria.

2. (b) A person identified in subsection (a) of this section is eligible for inclusion on the Memorial Monument if:

   1. (1) the fatal incident was a direct result of a line of duty, on or off duty incident;
   2. (2) the fatal incident was an indirect result but directly attributed to a line of duty, on or off duty incident;
   3. (3) the fatal incident was a direct result of a felonious assault on the officer, perpetrated because of the officer's status, regardless of duty status; or
   4. (4) the Employees Retirement System of Texas authorizes benefits to the eligible survivors of the person as provided by Chapter 615, Government Code.
3. (c) The effective date of this section is May 1, 2018.

Source Note:The provisions of this §229.1 adopted to be effective May 1, 2018, 43 TexReg 1882.