By Junell H.B. No. 1531
Substitute the following for H.B. No. 1531:
By Junell C.S.H.B. No. 1531
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the law enforcement and custodial officer supplemental
1-3 retirement fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 815.317(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) The retirement system shall deposit in the law
1-8 enforcement and custodial officer supplemental retirement fund
1-9 state contributions and other <payments made as provided by Section
1-10 815.405, any> appropriations made by the legislature to the fund<,
1-11 money collected under Section 2(1), Chapter 88, General Laws, Acts
1-12 of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a 2,
1-13 Vernon's Texas Civil Statutes),> and proceeds from investment of
1-14 the fund.
1-15 SECTION 2. Section 815.403, Government Code, is amended by
1-16 amending Subsections (a) and (b) and by adding Subsection (g) to
1-17 read as follows:
1-18 (a) During each fiscal year, the state shall contribute to
1-19 the retirement system:
1-20 (1) an amount equal to 7.4 percent of the total
1-21 compensation of all members of the retirement system for that year;
1-22 (2) money to pay lump-sum death benefits for retirees
1-23 under Section 814.501;
1-24 (3) an amount for the law enforcement and custodial
2-1 officer supplemental retirement fund equal to 2.13 percent of the
2-2 aggregate state compensation of all custodial and law enforcement
2-3 officers for that year;
2-4 (4) money necessary for the administration <and
2-5 payment> of <benefits from> the law enforcement and custodial
2-6 officer supplemental retirement fund; and
2-7 (5) <(4)> money for service credit not previously
2-8 established, as provided by Section 813.202(e) or 813.302(d).
2-9 (b) Before November 2 of each even-numbered year, the
2-10 retirement system shall certify to the Legislative Budget Board and
2-11 to the budget division of the governor's office for review:
2-12 (1) an estimate of the amount necessary to pay the
2-13 state's contribution under Subsections (a)(1), (a)(2), (a)(3), and
2-14 (a)(5) <(a)(4)> for the following biennium;
2-15 <(2) the estimated amount, based on actuarial
2-16 valuations, of appropriated funds required in addition to other
2-17 available money to finance all benefits provided from the law
2-18 enforcement and custodial officer supplemental retirement fund for
2-19 the following biennium;>
2-20 <(3) the estimated amount, based on actuarial
2-21 valuations, of appropriated funds required for the following
2-22 biennium to fully finance, within a period of not more than 36
2-23 years after September 1, 1979, liabilities of the law enforcement
2-24 and custodial officer supplemental retirement fund accrued because
2-25 of service performed before September 1, 1979;> and
2-26 (2) <(4)> as a separate item, an estimate of the
2-27 amount required to administer the law enforcement and custodial
3-1 officer supplemental retirement fund for the following biennium.
3-2 (g) The contributions from the state to the law enforcement
3-3 and custodial officer supplemental retirement fund may be made only
3-4 from the general revenue fund.
3-5 SECTION 3. Section 815.505, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
3-8 CUSTODIAL OFFICERS. Not later than the 12th day of the month
3-9 following the month in which a person begins or ceases employment
3-10 as a law enforcement officer or custodial officer <As of the last
3-11 day of each fiscal year>, the <Department of> Public Safety
3-12 Commission, the Texas Alcoholic Beverage Commission, the Parks and
3-13 Wildlife Commission <Department>, or <the State Purchasing and
3-14 General Services Commission, and> the Texas Board <Department> of
3-15 Criminal Justice, as applicable, <Corrections> shall certify to the
3-16 retirement system, in the manner prescribed by the system, the name
3-17 of the employee and such other information as the system determines
3-18 is necessary for the crediting of service and financing of benefits
3-19 under this subtitle <the names of employees and the amount of
3-20 service each employee performed as a law enforcement officer or
3-21 custodial officer during that fiscal year>.
3-22 SECTION 4. Subsection (c), Section 141, Uniform Act
3-23 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-24 Statutes), is amended to read as follows:
3-25 (c) The fee for compulsory inspection of a motor vehicle
3-26 other than a moped, to be made under this Section, shall be Ten
3-27 Dollars and Fifty Cents ($10.50). The fee for compulsory
4-1 inspection of a moped, to be made under this Section, shall be Five
4-2 Dollars and Seventy-five Cents ($5.75). Five Dollars and Fifty
4-3 Cents ($5.50) of each fee shall be paid to the Department and
4-4 shall, except as provided by <Section 815.405, Government Code, or>
4-5 Section 382.0622, Health and Safety Code, be deposited <placed> in
4-6 the Motor Vehicle Inspection Fund for the purpose of paying the
4-7 expense of the administration of this law, after the deduction of
4-8 Two Dollars and Twenty-five Cents ($2.25) of each fee, which shall
4-9 be deposited by the Department in the general revenue fund. The
4-10 Department may require each official inspection station to make an
4-11 advance payment of Five Dollars and Fifty Cents ($5.50) for each
4-12 inspection certificate furnished to it. No<, and the money so
4-13 received shall, except as provided by Section 815.405, Government
4-14 Code, be placed in the Motor Vehicle Inspection Fund, and no>
4-15 further payment to the Department shall be required upon issuance
4-16 of the certificate. If such advance payment has been made, the
4-17 Department shall refund to the inspection station the amount of
4-18 Five Dollars and Fifty Cents ($5.50) for each unissued certificate
4-19 which the inspection station returns to the Department in
4-20 accordance with rules and regulations promulgated by the
4-21 Department. The Texas Natural Resource Conservation Commission
4-22 shall refund to the Department Two Dollars ($2.00) for each unused
4-23 certificate returned to the Department by inspection stations
4-24 licensed by the Department. An inspection station may waive the
4-25 fee otherwise due from the owner of a vehicle inspected under this
4-26 Section if the inspection station has rendered in advance to the
4-27 Department the payment of Five Dollars and Fifty Cents ($5.50) for
5-1 the certificate applied to a vehicle with respect to which the
5-2 owner's fee has been so waived.
5-3 SECTION 5. Section 10(c-4), Chapter 88, General Laws, Acts
5-4 of the 41st Legislature, 2nd Called Session, 1929 (Article
5-5 6675a-10, Vernon's Texas Civil Statutes), is amended to read as
5-6 follows:
5-7 (c-4) On Monday of each week each County Tax Collector shall
5-8 submit to the State Department of Highways and Public
5-9 Transportation a carbon copy of the receipt issued for payment of
5-10 each fee received in the preceding week for registration of a log
5-11 loader vehicle under Section 2(l) of this Act and all<. On Monday
5-12 of each week the County Tax Collector shall send to the Employees
5-13 Retirement System of Texas an amount equal to four percent (4%)> of
5-14 the registration fees collected under Section 2(l) of this Act <and
5-15 shall remit the remaining ninety-six percent (96%) to the
5-16 Department. Money sent to the retirement system under this
5-17 subsection shall be deposited in the law enforcement and custodial
5-18 officer supplemental retirement fund>.
5-19 SECTION 6. Section 813.506(d), Government Code, is repealed.
5-20 SECTION 7. Section 815.405, Government Code, is repealed.
5-21 SECTION 8. Before October 1, 1995, the Public Safety
5-22 Commission, the Texas Alcoholic Beverage Commission, the Parks and
5-23 Wildlife Commission, and the Texas Board of Criminal Justice shall
5-24 certify to the Employees Retirement System of Texas, in the manner
5-25 prescribed by the retirement system, the name of each person
5-26 employed on September 1, 1995, by the particular agency as a law
5-27 enforcement officer, as defined by Section 811.001, Government
6-1 Code, or a custodial officer, as defined by that section, and such
6-2 other information as the system determines is necessary for the
6-3 crediting of service and financing of benefits under Subtitle B,
6-4 Title 8, Government Code.
6-5 SECTION 9. The Legislative Budget Board shall perform a
6-6 study of the law enforcement and custodial officer supplemental
6-7 retirement fund and the program supported by that fund. The study
6-8 shall include an examination of the membership in the program,
6-9 including its potential for growth, and an examination of
6-10 appropriate methods of financing the program. The board shall
6-11 include its findings and recommendations as a result of the study
6-12 in a report to the 74th Legislature.
6-13 SECTION 10. This Act takes effect September 1, 1993, except
6-14 Sections 2, 3, and 6, which take effect September 1, 1995.
6-15 SECTION 11. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended.