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.