By: Junell H.B. No. 1531
73R5307 GCH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contributions to the law enforcement and custodial
1-3 officer supplemental 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 <payments made as provided by Section 815.405,> any appropriations
1-10 made by the legislature to the fund<, money collected under Section
1-11 2(l), Chapter 88, General Laws, Acts of the 41st Legislature, 2nd
1-12 Called Session, 1929 (Article 6675a-2, Vernon's Texas Civil
1-13 Statutes),> and proceeds from investment of the fund.
1-14 SECTION 2. Section 815.403, Government Code, is amended by
1-15 amending Subsections (a) and (b) and by adding Subsection (g) to
1-16 read as follows:
1-17 (a) During each fiscal year, the state shall contribute to
1-18 the retirement system:
1-19 (1) an amount equal to 7.4 percent of the total
1-20 compensation of all members of the retirement system for that year;
1-21 (2) money to pay lump-sum death benefits for retirees
1-22 under Section 814.501;
1-23 (3) an amount for the law enforcement and custodial
1-24 officer supplemental retirement fund, determined as provided by
2-1 Section 815.4031 and computed on the aggregate state compensation
2-2 of all custodial and law enforcement officers for that year;
2-3 (4) money necessary for the administration <and
2-4 payment> of <benefits from> the law enforcement and custodial
2-5 officer supplemental retirement fund; and
2-6 (5) <(4)> money for service credit not previously
2-7 established, as provided by Section 813.202(e) or 813.302(d).
2-8 (b) Before November 2 of each even-numbered year, the
2-9 retirement system shall certify to the Legislative Budget Board and
2-10 to the budget division of the governor's office for review:
2-11 (1) an estimate of the amount necessary to pay the
2-12 state's contributions under Subsections (a)(1), (a)(2), (a)(3), and
2-13 (a)(5) <(a)(4)> for the following biennium;
2-14 <(2) the estimated amount, based on actuarial
2-15 valuations, of appropriated funds required in addition to other
2-16 available money to finance all benefits provided from the law
2-17 enforcement and custodial officer supplemental retirement fund for
2-18 the following biennium;>
2-19 <(3) the estimated amount, based on actuarial
2-20 valuations, of appropriated funds required for the following
2-21 biennium to fully finance, within a period of not more than 36
2-22 years after September 1, 1979, liabilities of the law enforcement
2-23 and custodial officer supplemental retirement fund accrued because
2-24 of service performed before September 1, 1979;> and
2-25 (2) <(4)> as a separate item, an estimate of the
2-26 amount required to administer the law enforcement and custodial
2-27 officer supplemental retirement fund for the following biennium.
3-1 (g) The contributions from the state to the law enforcement
3-2 and custodial officer supplemental retirement fund shall be charged
3-3 on a proportional basis to the funds from which the compensation of
3-4 the custodial and law enforcement officers is paid.
3-5 SECTION 3. Subchapter E, Chapter 815, Government Code, is
3-6 amended by adding Section 815.4031 to read as follows:
3-7 Sec. 815.4031. DETERMINATION OF STATE CONTRIBUTIONS TO
3-8 SUPPLEMENTAL RETIREMENT FUND. (a) The rate of state contributions
3-9 to the law enforcement and custodial officer supplemental
3-10 retirement fund under Section 815.403(a)(3) is set for a particular
3-11 biennium that begins on or after September 1, 1995, in the General
3-12 Appropriations Act in accordance with this section. The rate must
3-13 be expressed as a percentage of the aggregate state compensation of
3-14 all law enforcement officers and custodial officers for a fiscal
3-15 year.
3-16 (b) After considering estimates and reports submitted by the
3-17 retirement system, the Legislative Budget Board shall adopt the
3-18 rate of state contributions to the law enforcement and custodial
3-19 officer supplemental retirement fund for the following biennium and
3-20 include the adopted rate, and an estimate of the amounts needed to
3-21 pay the state's contributions at that rate, in the general
3-22 appropriations bill submitted to the legislature. The rate of
3-23 state contributions is subject to the requirements of Article XVI,
3-24 Section 67, of the Texas Constitution.
3-25 (c) The General Appropriations Act shall include the rate,
3-26 and a sufficient appropriation to pay the state's contributions at
3-27 that rate, adopted by the Legislative Budget Board under Subsection
4-1 (b) unless the board determines that:
4-2 (1) legislation or other developments have or will
4-3 materially affect the actuarial liabilities of the retirement
4-4 system; and
4-5 (2) the board did not consider the legislation or
4-6 developments when it adopted the rates.
4-7 (d)(1) This subsection applies only if the events described
4-8 by Subsections (c)(1) and (2) occur.
4-9 (2) The General Appropriations Act shall include the
4-10 rate of state contributions, and a sufficient appropriation to pay
4-11 the state's contributions at that rate, considering the events
4-12 described by Subsections (c)(1) and (2).
4-13 (3) The Legislative Budget Board, the actuary of the
4-14 State Pension Review Board, and the board of trustees shall assist
4-15 the legislature in determining a rate under this section and the
4-16 appropriations for the rate.
4-17 SECTION 4. Section 815.405, Government Code, is amended to
4-18 read as follows:
4-19 Sec. 815.405. CONTRIBUTIONS TO LAW ENFORCEMENT AND CUSTODIAL
4-20 OFFICER SUPPLEMENTAL RETIREMENT FUND. (a) The rate of state
4-21 contributions <The Department of Public Safety shall transfer
4-22 monthly> to the law enforcement and custodial officer supplemental
4-23 retirement fund under Section 815.403(a)(3) is set for a particular
4-24 biennium in the General Appropriations Act in accordance with
4-25 Section 815.4031 <$2.25 of the motor vehicle inspection fee for
4-26 each vehicle inspected as required under Section 141(c) of the
4-27 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
5-1 Texas Civil Statutes), and $3.75 for each vehicle inspected as
5-2 required by Section 141(c-1) of that Act>.
5-3 (b) In addition to the contributions determined as provided
5-4 by this section, the legislature may appropriate to the retirement
5-5 system and the law enforcement and custodial officer supplemental
5-6 retirement fund amounts authorized by Section 815.403(b)(2) or by
5-7 other law.
5-8 SECTION 5. Section 815.505, Government Code, is amended to
5-9 read as follows:
5-10 Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
5-11 CUSTODIAL OFFICERS. Not later than the 12th day of the month
5-12 following the month in which a person begins or ceases employment
5-13 as a law enforcement officer or custodial officer <As of the last
5-14 day of each fiscal year>, the Department of Public Safety, the
5-15 Texas Alcoholic Beverage Commission, the Parks and Wildlife
5-16 Department, or the institutional division of <the State Purchasing
5-17 and General Services Commission, and> the Texas Department of
5-18 Criminal Justice, as applicable, <Corrections> shall certify to the
5-19 retirement system, in the manner prescribed by the system, the name
5-20 of the employee and such other information as the system determines
5-21 is necessary for the crediting of service and financing of benefits
5-22 under this subtitle <the names of employees and the amount of
5-23 service each employee performed as a law enforcement officer or
5-24 custodial officer during that fiscal year>.
5-25 SECTION 6. Subsection (c), Section 141, Uniform Act
5-26 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
5-27 Statutes), is amended to read as follows:
6-1 (c) The fee for compulsory inspection of a motor vehicle
6-2 other than a moped, to be made under this Section, shall be Ten
6-3 Dollars and Fifty Cents ($10.50). The fee for compulsory
6-4 inspection of a moped, to be made under this Section, shall be Five
6-5 Dollars and Seventy-five Cents ($5.75). Five Dollars and Fifty
6-6 Cents ($5.50) of each fee shall be paid to the Department and
6-7 shall, except as provided by <Section 815.405, Government Code, or>
6-8 Section 382.0622, Health and Safety Code, be deposited <placed> in
6-9 the Motor Vehicle Inspection Fund for the purpose of paying the
6-10 expense of the administration of this law, after the deduction of
6-11 Two Dollars and Twenty-five Cents ($2.25) of each fee, which shall
6-12 be deposited by the Department in the general revenue fund. The
6-13 Department may require each official inspection station to make an
6-14 advance payment of Five Dollars and Fifty Cents ($5.50) for each
6-15 inspection certificate furnished to it. No<, and the money so
6-16 received shall, except as provided by Section 815.405, Government
6-17 Code, be placed in the Motor Vehicle Inspection Fund, and no>
6-18 further payment to the Department shall be required upon issuance
6-19 of the certificate. If such advance payment has been made, the
6-20 Department shall refund to the inspection station the amount of
6-21 Five Dollars and Fifty Cents ($5.50) for each unissued certificate
6-22 which the inspection station returns to the Department in
6-23 accordance with rules and regulations promulgated by the
6-24 Department. The Texas Natural Resource Conservation Commission
6-25 shall refund to the Department Two Dollars ($2.00) for each unused
6-26 certificate returned to the Department by inspection stations
6-27 licensed by the Department. An inspection station may waive the
7-1 fee otherwise due from the owner of a vehicle inspected under this
7-2 Section if the inspection station has rendered in advance to the
7-3 Department the payment of Five Dollars and Fifty Cents ($5.50) for
7-4 the certificate applied to a vehicle with respect to which the
7-5 owner's fee has been so waived.
7-6 SECTION 7. Section 10(c-4), Chapter 88, General Laws, Acts
7-7 of the 41st Legislature, 2nd Called Session, 1929 (Article
7-8 6675a-10, Vernon's Texas Civil Statutes), is amended to read as
7-9 follows:
7-10 (c-4) On Monday of each week each County Tax Collector shall
7-11 submit to the State Department of Highways and Public
7-12 Transportation a carbon copy of the receipt issued for payment of
7-13 each fee received in the preceding week for registration of a log
7-14 loader vehicle under Section 2(l) of this Act and all<. On Monday
7-15 of each week the County Tax Collector shall send to the Employees
7-16 Retirement System of Texas an amount equal to four percent (4%)> of
7-17 the registration fees collected under Section 2(l) of this Act <and
7-18 shall remit the remaining ninety-six percent (96%) to the
7-19 Department. Money sent to the retirement system under this
7-20 subsection shall be deposited in the law enforcement and custodial
7-21 officer supplemental retirement fund>.
7-22 SECTION 8. Section 813.506(d), Government Code, is repealed.
7-23 SECTION 9. Before October 1, 1995, the Department of Public
7-24 Safety, the Texas Alcoholic Beverage Commission, the Parks and
7-25 Wildlife Department, and the institutional division of the Texas
7-26 Department of Criminal Justice shall certify to the Employees
7-27 Retirement System of Texas, in the manner prescribed by the
8-1 retirement system, the name of each person employed on September 1,
8-2 1995, by the particular agency as a law enforcement officer, as
8-3 defined by Section 811.001, Government Code, or a custodial
8-4 officer, as defined by that section, and such other information as
8-5 the system determines is necessary for the crediting of service and
8-6 financing of benefits under Subtitle B, Title 8, Government Code.
8-7 SECTION 10. This Act takes effect September 1, 1993, except
8-8 Sections 5 and 8, which take effect September 1, 1995.
8-9 SECTION 11. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.