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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to provide one-time or ongoing benefit enhancements to eligible |
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annuitants of the Teacher Retirement System of Texas, including a |
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one-time transfer of funds for that purpose. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 51-h to read as follows: |
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Sec. 51-h. (a) The legislature by general law may provide |
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for a one-time or ongoing benefit enhancement to eligible |
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annuitants of the Teacher Retirement System of Texas only as |
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authorized by this section. |
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(b) The legislature may enact a general law to provide a |
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one-time or ongoing benefit enhancement as described in Subsection |
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(a) and direct the comptroller of public accounts to transfer funds |
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to the Teacher Retirement System of Texas for the payment of any |
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benefit enhancement only if the retirement system is actuarially |
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sound as defined by general law. |
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(c) The legislature may not provide a one-time or ongoing |
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benefit enhancement to eligible annuitants of the Teacher |
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Retirement of Texas without an accompanying appropriation of funds |
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that is sufficient to fully pay for the benefit enhancement, as |
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determined by the retirement system. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, adding Section 51-h to Article III of this |
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constitution. |
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(b) As soon as practicable after the effective date of the |
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amendment adding Section 51-h to Article III of this constitution, |
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the comptroller of public accounts shall transfer from the general |
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revenue fund the amount of $3.45 billion to the Teacher Retirement |
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System of Texas for the two-year period beginning September 1, 2023 |
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for the purpose of providing one-time contributions, legacy |
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payments, and benefit enhancements to the system's annuitants as |
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provided by the enabling legislation enacted in anticipation of the |
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adoption of the proposed constitutional amendment and only if the |
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amortization period of the system's unfunded actuarial liabilities |
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complies with any period prescribed by law, including any enabling |
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legislation. The transfer made under this temporary provision is |
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not an appropriation of state tax revenues for the purposes of |
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Section 22, Article VIII, of this constitution. |
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(c) The funds described in Subsection (b) are deemed |
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available to the system as of September 1, 2023, regardless of the |
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date the comptroller actually transfers the funds to the system. |
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(d) This temporary provision expires January 1, 2025. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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legislature to provide one-time or ongoing benefit enhancements to |
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eligible annuitants of the Teacher Retirement System of Texas, |
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including a one-time transfer of $3.45 billion to the retirement |
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system for that purpose." |