Texas § GV.844.303 - CERTIFICATION OF DISABILITY

§ GV.844.303. CERTIFICATION OF DISABILITY

CERTIFICATION OF DISABILITY. (a) Except as provided by Section 844.302 (c) and Subsection (c) of this section, as soon as practicable after an application for disability retirement is filed, the medical board shall evaluate the medical and other pertinent information concerning the member's application. (b) The medical board shall issue a certification of disability and submit it to the board of trustees, if the medical board finds: (1) in the case of a member described by Section 844.302 (a), that: (A) the member is mentally or physically incapacitated for any gainful occupation; (B) the incapacity is the direct result of injuries sustained during membership by external and violent means as a direct and proximate result of the performance of duty; and (C) the incapacity is likely to be permanent; or (2) in the case of a member described by Section 844.302 (b), that: (A) the member is mentally or physically incapacitated for any gainful occupation; and (B) the incapacity is likely to be permanent. (c) The board of trustees may establish a procedure for summary disposition of disability retirement applications without medical board review under facts and circumstances that the board has determined cause a review by the medical board to be unnecessary. The board may delegate to the director the authority and discretion to make determinations under the summary disposition procedure and, if appropriate, to issue a certification of disability described by Subsection (b) or refer the matter to the medical board. The director is not authorized under this section to make a finding that an applicant is not permanently incapacitated. (d) The board of trustees may define terms and standards to be applied by the medical board in making its determinations and shall establish such other rules as the board considers necessary to administer this subchapter. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 491, Sec. 22, eff. June 12, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.303 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 460, Sec. 16, eff. Jan. 1, 1992; Acts 1999, 76th Leg., ch. 427, Sec. 36, eff. Dec. 31, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587 ), Sec. 44, eff. January 1, 2008.