By:  Cuellar, H.                                       H.B. No. 270
       73R535 SOS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a fund administered by the Employees Retirement System
    1-3  of Texas for certified communications officers of the Department of
    1-4  Public Safety.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter D, Chapter 815, Government Code, is
    1-7  amended by adding Section 815.3171 to read as follows:
    1-8        Sec. 815.3171.  CERTIFIED COMMUNICATIONS OFFICER SUPPLEMENTAL
    1-9  RETIREMENT FUND.  (a)  The certified communications officer
   1-10  supplemental retirement fund is created outside the state treasury.
   1-11        (b)  The comptroller of public accounts shall deposit in the
   1-12  fund fees credited to the fund as provided by Article 102.011(i),
   1-13  Code of Criminal Procedure, any appropriations made by the
   1-14  legislature to the fund, and proceeds from investment of the fund.
   1-15        (c)  The retirement system may use money from the fund only
   1-16  to pay supplemental retirement and death benefits to certified
   1-17  communications officers for service as law enforcement officers as
   1-18  provided by this subtitle and to pay for the administration of the
   1-19  fund.
   1-20        (d)  Money appropriated to pay benefits from the fund as
   1-21  provided by this subtitle may not be diverted or used to pay any
   1-22  other benefits.
   1-23        SECTION 2.  Section 811.001, Government Code, is amended by
   1-24  amending Subdivisions (6) and (9) and adding Subdivision (18) to
    2-1  read as follows:
    2-2              (6)  "Combined retirement annuity" means the amount
    2-3  payable on retirement for service credited as a member of the
    2-4  employee class of membership plus any supplemental amount payable
    2-5  from the law enforcement and custodial officer supplemental
    2-6  retirement fund or from the certified communications officer
    2-7  supplemental retirement fund.
    2-8              (9)  "Law enforcement officer" means a member of the
    2-9  retirement system who:
   2-10                    (A)  has been commissioned as a law enforcement
   2-11  officer by the Department of Public Safety, the Texas Alcoholic
   2-12  Beverage Commission, the State Purchasing and General Services
   2-13  Commission<,> Capitol Area Security Force, or the Parks and
   2-14  Wildlife Department and who is recognized as a commissioned law
   2-15  enforcement officer by the Commission on Law Enforcement Officer
   2-16  Standards and Education; or
   2-17                    (B)  is a certified communications officer.
   2-18              (18)  "Certified communications officer" means an
   2-19  employee of the Communications Service and Headquarters
   2-20  Communications Bureau of the Department of Public Safety who is
   2-21  certified by the Commission on Law Enforcement Officer Standards
   2-22  and Education and whose duties require:
   2-23                    (A)  training in the use of deadly force,
   2-24  proficiency with a shotgun of a type required to be maintained on
   2-25  the premises of the facility at which the officer works, and
   2-26  operation of a complex law enforcement telecommunications system
   2-27  through which information is received from and disseminated to
    3-1  local, state, and national criminal justice agencies; or
    3-2                    (B)  the planning, supervision, maintenance, and
    3-3  coordination of operations of a regional law enforcement
    3-4  telecommunications network, and the coordination and supervision of
    3-5  communication activities at disasters or other emergencies
    3-6  involving threats to life.
    3-7        SECTION 3.  Section 814.104(b), Government Code, is amended
    3-8  to read as follows:
    3-9        (b)  A member who is at least 55 years old and who has at
   3-10  least 10 years of service credit as a commissioned peace officer
   3-11  engaged in criminal law enforcement activities of the Department of
   3-12  Public Safety, the Texas Alcoholic Beverage Commission, the State
   3-13  Purchasing and General Services Commission Capitol Area Security
   3-14  Force, or the Parks and Wildlife Department, as a certified
   3-15  communications officer, or as a custodial officer, is eligible to
   3-16  retire and receive a service retirement annuity.
   3-17        SECTION 4.  Section 814.107, Government Code, is amended to
   3-18  read as follows:
   3-19        Sec. 814.107.  Service Retirement Benefits for Certain Peace
   3-20  Officers.  (a)  A member who has at least 20 years of service
   3-21  credit as a law enforcement or custodial officer is eligible to
   3-22  retire regardless of age and receive a standard service retirement
   3-23  annuity in an amount and to be funded as provided by this section.
   3-24        (b)  The standard service retirement annuity payable for at
   3-25  least 20 years of service credit as a law enforcement or custodial
   3-26  officer is an amount computed on the basis of the member's average
   3-27  monthly compensation for that service for the 36 highest months of
    4-1  compensation, times a percentage derived from the following table:
    4-2           Years of Law Enforcement or         Percentage of Average
    4-3        Custodial Officer Service Credit        Monthly Compensation
    4-4              at least 20 but less than 21          50 percent
    4-5              at least 21 but less than 22          52 percent
    4-6              at least 22 but less than 23          54 percent
    4-7              at least 23 but less than 24          56 percent
    4-8              at least 24 but less than 25          58 percent
    4-9              at least 25 but less than 26          60 percent
   4-10              at least 26 but less than 27          62 percent
   4-11              at least 27 but less than 28          64 percent
   4-12              at least 28 but less than 29          66 percent
   4-13              at least 29 but less than 30          68 percent
   4-14              at least 30 but less than 31          70 percent
   4-15              at least 31 but less than 32          71 percent
   4-16              at least 32 but less than 33          72 percent
   4-17              at least 33 but less than 34          73 percent
   4-18              at least 34 but less than 35          74 percent
   4-19              at least 35 but less than 36          75 percent
   4-20              at least 36 but less than 37          76 percent
   4-21              at least 37 but less than 38          77 percent
   4-22              at least 38 but less than 39          78 percent
   4-23              at least 39 but less than 40          79 percent
   4-24              40 or more                            80 percent
   4-25        (c)  The standard combined service retirement annuity that is
   4-26  payable under this section is based on retirement at the age of 50
   4-27  or older.
    5-1        (d)  A law enforcement or custodial officer who is not a
    5-2  certified communications officer and who retires before attaining
    5-3  the age of 50 is entitled to an annuity that is actuarially reduced
    5-4  from the annuity available at the age of 50 to the earlier
    5-5  retirement age and is payable from the law enforcement and
    5-6  custodial officer supplemental retirement fund.
    5-7        (e)  A certified communications officer who retires before
    5-8  attaining the age of 50 is entitled to an annuity that is
    5-9  actuarially reduced from the annuity available at the age of 50 to
   5-10  the earlier retirement age and is payable from the certified
   5-11  communications officer supplemental retirement fund.
   5-12        (f) <(d)>  A member who retires under this section retires
   5-13  simultaneously from the employee class of membership.  Benefits for
   5-14  service in the employee class of membership become payable from the
   5-15  trust fund established by Section 815.310 at the age of 50 under
   5-16  the computation provided by Section 814.105.  Optional retirement
   5-17  annuities provided by Section 814.108 are available to a member
   5-18  eligible to receive a service retirement annuity under this
   5-19  section, but the same optional plan and designee must be selected
   5-20  for the portion of the annuity payable from the law enforcement and
   5-21  custodial officer supplemental retirement fund or from the
   5-22  certified communications officer supplemental retirement fund and
   5-23  the portion payable from the trust fund established by Section
   5-24  815.310.
   5-25        (g) <(e)>  The amount payable from the law enforcement and
   5-26  custodial officer supplemental retirement fund is reducible by the
   5-27  amount paid from the trust fund established by Section 815.310 for
    6-1  service as a law enforcement or custodial officer.
    6-2        (h)  The amount payable from the certified communications
    6-3  officer supplemental retirement fund is reducible by the amount
    6-4  paid from the trust fund established by Section 815.310 for service
    6-5  as a law enforcement officer.
    6-6        (i)  The total combined amount of an annuity under this
    6-7  section may not be less than the authorized benefit under
    6-8  Subsection (b) subtracted by any amount necessary because of
    6-9  selection of an optional annuity, because of retirement before the
   6-10  age of 50, or as provided by Subsection (j) <(f)>.
   6-11        (j) <(f)>  The standard combined service retirement annuity
   6-12  payable for at least 20 years of service credit as a law
   6-13  enforcement or custodial officer may not exceed 80 percent of the
   6-14  higher of the average compensation computed under Section 814.105
   6-15  or the average compensation computed under Subsection (b).
   6-16        (k) <(g)>  For purposes of this section, service as a law
   6-17  enforcement or custodial officer is creditable as provided by rule
   6-18  of the board of trustees or on a month-to-month basis, whichever is
   6-19  greater.
   6-20        (l) <(h)>  If Section 815.405 is held to be invalid by a
   6-21  court of competent jurisdiction and the decision becomes final, an
   6-22  annuity may not be paid under this section.
   6-23        SECTION 5.  Section 814.207(d), Government Code, is amended
   6-24  to read as follows:
   6-25        (d)  The portion of the annuity under this section payable
   6-26  from the law enforcement and custodial officer supplemental
   6-27  retirement fund or from the certified communications officer
    7-1  supplemental retirement fund is the amount remaining after
    7-2  deduction of any amount payable under Section 814.206 except the
    7-3  portion of an amount that exceeds the minimum payments provided by
    7-4  Section 814.206(b) and that is made for service other than as a law
    7-5  enforcement or custodial officer.
    7-6        SECTION 6.  Section 815.208(c), Government Code, is amended
    7-7  to read as follows:
    7-8        (c)  The board of trustees shall make payments from the law
    7-9  enforcement and custodial officer supplemental retirement fund and
   7-10  from the certified communications officer supplemental retirement
   7-11  fund for services rendered by the actuary for the law enforcement
   7-12  and custodial officer supplemental retirement fund or the certified
   7-13  communications officer supplemental retirement fund, as
   7-14  appropriate, <that fund> and approved by the board.
   7-15        SECTION 7.  Section 815.301(a), Government Code, is amended
   7-16  to read as follows:
   7-17        (a)  The board of trustees shall:
   7-18              (1)  invest the assets of the retirement system, other
   7-19  than assets of the law enforcement and custodial officer
   7-20  supplemental retirement fund and of the certified communications
   7-21  officer supplemental retirement fund, as a single fund without
   7-22  distinction as to their source; and
   7-23              (2)  hold securities purchased with the assets
   7-24  described by Subsection (a)(1) collectively for the proportionate
   7-25  benefit of all accounts in the trust fund that are listed in
   7-26  Section 815.310(b).
   7-27        SECTION 8.  Section 815.308(b), Government Code, is amended
    8-1  to read as follows:
    8-2        (b)  The amount of cash on hand may not exceed 10 percent of
    8-3  the total amount in the funds of the retirement system on deposit
    8-4  with the state treasurer, excluding the assets of the law
    8-5  enforcement and custodial officer supplemental retirement fund and
    8-6  the certified communications officer supplemental retirement fund.
    8-7        SECTION 9.  Section 815.309, Government Code, is amended to
    8-8  read as follows:
    8-9        Sec. 815.309.  Crediting System Assets.  All assets of the
   8-10  retirement system, except assets of the law enforcement and
   8-11  custodial officer supplemental retirement fund and the certified
   8-12  communications officer supplemental retirement fund, shall be
   8-13  credited to the trust fund established by Section 815.310.
   8-14        SECTION 10.  Sections 815.403(a), (b), and (e), Government
   8-15  Code, are amended to read as follows:
   8-16        (a)  During each fiscal year, the state shall contribute to
   8-17  the retirement system:
   8-18              (1)  an amount equal to 7.4 percent of the total
   8-19  compensation of all members of the retirement system for that year;
   8-20              (2)  money to pay lump-sum death benefits for retirees
   8-21  under Section 814.501;
   8-22              (3)  money necessary for the administration and payment
   8-23  of benefits from the law enforcement and custodial officer
   8-24  supplemental retirement fund;
   8-25              (4)  money necessary for the administration and payment
   8-26  of benefits from the certified communications officer supplemental
   8-27  retirement fund; and
    9-1              (5) <(4)>  money for service credit not previously
    9-2  established, as provided by Section 813.202(e) or 813.302(d).
    9-3        (b)  Before November 2 of each even-numbered year, the
    9-4  retirement system shall certify to the Legislative Budget Board and
    9-5  to the budget division of the governor's office for review:
    9-6              (1)  an estimate of the amount necessary to pay the
    9-7  state's contribution under Subsections (a)(1), (a)(2), and (a)(4)
    9-8  for the following biennium;
    9-9              (2)  the estimated amount, based on actuarial
   9-10  valuations, of appropriated funds required in addition to other
   9-11  available money to finance all benefits provided from the law
   9-12  enforcement and custodial officer supplemental retirement fund and
   9-13  from the certified communications officer supplemental retirement
   9-14  fund for the following biennium;
   9-15              (3)  the estimated amount, based on actuarial
   9-16  valuations, of appropriated funds required for the following
   9-17  biennium to fully finance, within a period of not more than 36
   9-18  years after September 1, 1979, liabilities of the law enforcement
   9-19  and custodial officer supplemental retirement fund accrued because
   9-20  of service performed before September 1, 1979; and
   9-21              (4)  as a separate item, an estimate of the amount
   9-22  required to administer the law enforcement and custodial officer
   9-23  supplemental retirement fund and the certified communications
   9-24  officer supplemental retirement fund for the following biennium.
   9-25        (e)  All money allocated and appropriated by the state to the
   9-26  retirement system for benefits provided by the retirement system,
   9-27  except money for the payment of lump-sum death benefits and for the
   10-1  payment of benefits from the law enforcement and custodial officer
   10-2  supplemental retirement fund and from the certified communications
   10-3  officer supplemental retirement fund, shall be paid, based on the
   10-4  annual estimate of the retirement system, in monthly installments
   10-5  to the state accumulation fund.  The money required for state
   10-6  contributions and membership fees shall be from respective funds
   10-7  appropriated to pay the compensation of the member for whose
   10-8  benefit the contribution or fee is paid.  If the total of the
   10-9  estimated required payments is not equal to the total of the actual
  10-10  payments required for a fiscal year, the retirement system shall
  10-11  certify to the state comptroller of public accounts and the state
  10-12  treasurer at the end of that year the amount required for necessary
  10-13  adjustments, and the state treasurer shall make the required
  10-14  adjustments.
  10-15        SECTION 11.  Article 102.011, Code of Criminal Procedure, is
  10-16  amended by amending Subsections (f) and (h) and adding Subsection
  10-17  (i) to read as follows:
  10-18        (f)  The custodian of a municipal or county treasury who
  10-19  receives fees imposed under this article for services performed by
  10-20  peace officers employed by the state shall forward the fees to the
  10-21  comptroller of public accounts by the last day of the month
  10-22  following each calendar quarter after first depositing the amounts
  10-23  required by Subsection (i) of this article and then deducting
  10-24  four-fifths of the amount of the remainder of the fees <each fee>
  10-25  received for a service performed under Subsection (a)(1) or (a)(2)
  10-26  of this article, in a manner directed by the comptroller.  The
  10-27  municipality or county may retain all interest earned on those
   11-1  funds.
   11-2        (h)  Except as provided by Subsection (i) of this article,
   11-3  the <The> comptroller of public accounts shall credit fees received
   11-4  under Subsection (f) of this article to the general revenue fund.
   11-5        (i)  The custodian of a municipal or county treasury who
   11-6  receives fees imposed under Subsection (a)(2) of this article for
   11-7  services of peace officers shall, regardless of whether the
   11-8  services are performed by peace officers employed by this state,
   11-9  deposit $1 of each fee received in a separate interest-bearing
  11-10  account.  The custodians shall keep records of the amount of fees
  11-11  in the account that are on deposit with them and shall on or before
  11-12  the last day of the month following each calendar quarter remit to
  11-13  the comptroller of public accounts fees deposited as provided by
  11-14  this subsection during the preceding quarter.  The comptroller
  11-15  shall deposit fees received under this subsection in the certified
  11-16  communications officer supplemental retirement fund.
  11-17        SECTION 12.  (a)  Article 102.011(i), Code of Criminal
  11-18  Procedure, as added by this Act, applies only to a fee that is
  11-19  imposed on or after September 1, 1993.
  11-20        (b)  This Act takes effect September 1, 1993, except Sections
  11-21  1-10 take effect January 1, 1994.
  11-22        (c)  Sections 1-10 of this Act apply only to retirement or
  11-23  deaths that occur on or after January 1, 1994.
  11-24        SECTION 13.  The importance of this legislation and the
  11-25  crowded condition of the calendars in both houses create an
  11-26  emergency and an imperative public necessity that the
  11-27  constitutional rule requiring bills to be read on three several
   12-1  days in each house be suspended, and this rule is hereby suspended.