BILL ANALYSIS



H.B. 2008
By: Clemons
April 6, 1995
Committee Report (Unamended)


BACKGROUND

District judges are allowed, and have been for many years, to be a
member of both the Judicial Retirement System and the County and
District Retirement System.  Until 1991, prosecuting attorneys were
prohibited by existing statutes from dual membership; only
membership in the Judicial Retirement System was allowed.  In 1991,
the Legislature passed H.B. 1985 which permitted dual membership
for prosecuting attorneys.

The Act contained a retroactive provision that allowed current
prosecuting attorneys to buy back the service time they had
previously been denied.  Unfortunately, the bill made no such
provision for any previous prosecuting attorney who still worked
for the county but whose service ended before the effective date of
H.B. 1985.  In other words, current prosecuting attorneys were
allowed to buy back service time, but former prosecuting attorneys
were not.  It is estimated that there are only a very few
individuals affected by this oversight.

PURPOSE

This bill permit those former prosecuting attorneys who are still
a member of the county retirement system to purchase the previous
service time they are currently prohibited from buying back.  The
county commissioners court would have the option of offering the
individual the opportunity to buy back that time.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Subchapter G, Chapter 843, Government Code,
V.T.C.S., by adding Section 843.602, Subsections (a) - (d), as
follows:

     (a) allows any county commissioners court to authorize the
establishment of credit for current service in the county
retirement system for any former prosecuting attorney.

     (b) requires a member claiming credit under this provision to
deposit with the retirement system, for the number of months of
service, an amount equal to the amount of deposits that a member
earning the same compensation from the county during the same
period was required to make.

     (c) provides for the member to receive current service credit
if the county deposits within the proper time frame, an amount
equal to the amount deposited under subsection (b).

     (d) provides a definition of prosecuting attorney.

SECTION 2: Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 2008 was considered in a public hearing held on April 3, 1995.

Rep. Billy Clemons testified as the bill's author.

The following persons testified for the bill:
     Gerald Goodwin representing himself

The bill was reported favorably without amendment with the
recommendation that it do pass and be printed and be sent to the
Committee on Local & Consent Calendars by a record vote of 5 ayes,
0 nays, 0 pnv & 4 absent.


Committee on Pensions & Investments