89R661 JCG-D
 
  By: Wilson H.B. No. 245
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the treatment of military service credit in the
  Employees Retirement System of Texas as law enforcement or
  custodial officer service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 813, Government Code, is
  amended by adding Section 813.3035 to read as follows:
         Sec. 813.3035.  MILITARY SERVICE CREDITABLE AS LAW
  ENFORCEMENT OR CUSTODIAL OFFICER SERVICE. (a) Military service is
  creditable as law enforcement or custodial officer service only if:
               (1)  either:
                     (A)  the member was not a member of the retirement
  system at any time before the military service for which credit as a
  law enforcement or custodial officer is sought; or
                     (B)  the member's employment immediately
  preceding the military service for which credit as a law
  enforcement or custodial officer is sought was in a position for
  which the service was creditable as law enforcement or custodial
  officer service; and
               (2)  the member otherwise has credit in the retirement
  system for membership service that is:
                     (A)  attributable to the member's first
  employment occurring after the military service for which credit as
  a law enforcement or custodial officer is sought; and
                     (B)  creditable as law enforcement or custodial
  officer service.
         (b)  The board of trustees shall adopt rules necessary to
  implement this section, including a rule defining "immediately" for
  purposes of Subsection (a)(1)(B).
         SECTION 2.  Subchapter A-1, Chapter 820, Government Code, is
  amended by adding Section 820.023 to read as follows:
         Sec. 820.023.  MILITARY SERVICE CREDITABLE AS LAW
  ENFORCEMENT OR CUSTODIAL OFFICER SERVICE. (a) Military service is
  creditable as law enforcement or custodial officer service under
  this chapter only if:
               (1)  either:
                     (A)  the member was not a member of the retirement
  system at any time before the military service for which credit as a
  law enforcement or custodial officer is sought; or
                     (B)  the member's employment immediately
  preceding the military service for which credit as a law
  enforcement or custodial officer is sought was in a position for
  which the service was creditable as law enforcement or custodial
  officer service; and
               (2)  the member otherwise has credit in the retirement
  system for membership service that is:
                     (A)  attributable to the member's first
  employment occurring after the military service for which credit as
  a law enforcement or custodial officer is sought; and
                     (B)  creditable as law enforcement or custodial
  officer service.
         (b)  The board of trustees shall adopt rules necessary to
  implement this section, including a rule defining "immediately" for
  purposes of Subsection (a)(1)(B).
         SECTION 3.  This Act takes effect September 1, 2025.