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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for custodial officer service in the |
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Employees Retirement System of Texas of juvenile justice officers |
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employed by the Texas Juvenile Justice Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 811.001(8), Government Code, is amended |
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to read as follows: |
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(8) "Custodial officer" means, subject to Section |
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811.0011, a member of the retirement system who is employed by the |
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Board of Pardons and Paroles or the Texas Department of Criminal |
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Justice as a parole officer or caseworker or who is employed by the |
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correctional institutions division of the Texas Department of |
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Criminal Justice and certified by the department as having a normal |
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job assignment that requires frequent or infrequent regularly |
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planned contact with, and in close proximity to, inmates or |
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defendants of the correctional institutions division without the |
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protection of bars, doors, security screens, or similar devices and |
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includes assignments normally involving supervision or the |
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potential for supervision of inmates in inmate housing areas, |
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educational or recreational facilities, industrial shops, |
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kitchens, laundries, medical areas, agricultural shops or fields, |
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or in other areas on or away from property of the department. The |
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term includes a member who transfers from the Texas Department of |
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Criminal Justice to the managed health care unit of The University |
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of Texas Medical Branch or the Texas Tech University Health |
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Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the |
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73rd Legislature, 1993, elects at the time of transfer to retain |
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membership in the retirement system, and is certified by the |
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managed health care unit or the health sciences center as having a |
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normal job assignment described by this subdivision. |
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SECTION 2. Subchapter A, Chapter 811, Government Code, is |
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amended by adding Section 811.0011 to read as follows: |
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Sec. 811.0011. OPTIONAL ALTERNATIVE DEFINITION OF |
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CUSTODIAL OFFICER. (a) For purposes of this section, "juvenile |
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justice officer" means a member of the retirement system who is |
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employed by the Texas Juvenile Justice Department and certified by |
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that department as holding a position as a juvenile correctional |
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officer, caseworker, or other position the primary duties of which |
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include the custodial supervision of or other close, regularly |
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planned contact with youth in the custody of that department. |
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(b) The board of trustees by rule may adopt an alternative |
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definition of "custodial officer" that includes juvenile justice |
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officers for purposes of allowing juvenile justice officers to |
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participate in the law enforcement and custodial officer |
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supplemental retirement fund if the board determines, after |
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conducting an actuarial valuation, that: |
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(1) the amortization period for the unfunded actuarial |
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liabilities of the retirement system and the law enforcement and |
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custodial officer supplemental retirement fund does not exceed 30 |
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years by one or more years; and |
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(2) approving juvenile justice officers for |
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participation in the law enforcement and custodial officer |
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supplemental retirement fund would not reduce or negatively impact |
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current benefits paid to members of the retirement system and law |
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enforcement and custodial officer supplemental retirement fund. |
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(c) Notwithstanding Section 813.506, if the board of |
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trustees adopts a rule under Subsection (b), the board, after |
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consulting with the Texas Juvenile Justice Board, by rule shall |
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adopt standards for determining eligibility of a juvenile justice |
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officer for service credit as a custodial officer, based on the need |
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to encourage early retirement of persons whose duties are hazardous |
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and require them to have routine contact with youth in the custody |
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of the Texas Juvenile Justice Department on a regular basis. The |
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board shall determine a juvenile justice officer's eligibility to |
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receive credit as a custodial officer. A determination by the board |
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may not be appealed by an employee. |
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(d) The board of trustees shall provide notice to the Texas |
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Juvenile Justice Department of the adoption of a rule under |
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Subsection (b), and the department, after receiving notice, shall: |
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(1) certify to the retirement system, in the manner |
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prescribed by the retirement system, the name of each person |
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employed by the department in the position of juvenile justice |
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officer and any other information the system determines is |
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necessary to credit service and finance benefits under this |
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subtitle; and |
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(2) beginning with the first pay period that occurs |
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after the board provides notice under this subsection, begin making |
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deductions and collecting the contributions for the law enforcement |
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and custodial officer supplemental retirement fund as provided by |
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Section 815.402(h). |
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(e) If the board of trustees adopts a rule under Subsection |
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(b), the board shall ensure that service credit established by a |
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juvenile justice officer before the date of the rule's adoption is |
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considered service credit established as a custodial officer for |
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purposes of determining the officer's eligibility for benefits |
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under the law enforcement and custodial officer supplemental |
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retirement fund. |
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SECTION 3. This Act takes effect September 1, 2023. |