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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 87(R)

House Bill 3207

House Author:  Herrero et al.

Effective:  Vetoed

Senate Sponsor:  Menéndez et al.


            House Bill 3207 amends the Government Code to prohibit the Teacher Retirement System of Texas from withholding a monthly benefit payment from a retiree due to a resumption of service if the retiree is employed in a Texas public educational institution in a position in an area subject to a disaster declaration under the Texas Disaster Act of 1975 while the declaration is in effect.

            Governor's reason for veto: "The Teacher Retirement System of Texas relies on a sophisticated set of rules to ensure that current and former teachers' pension funds are protected, and a key component of that is an "Employment After Retirement" policy that triggers penalties if a retired school employee returns to service in violation of the rules. House Bill 3207 would dismantle that careful architecture, eliminating penalties for violations in any area subject to any disaster declaration. The desire to help both retirees and school children is laudable, but the bill lacks the necessary safeguards. Not every disaster merits the same response, and disaster declarations often must remain in place for an extended period of time in order to ensure the availability of federal assistance long after immediate personnel needs have been met. In order to protect the pension fund, the exception contemplated by House Bill 3207 needs to be tailored to actual needs."