BILL ANALYSIS


                                                        H.B. 2008
                                              By: Clemons (Nixon)
                                                    State Affairs
                                                          5-16-95
                              Senate Committee Report (Unamended)
BACKGROUND

District judges are allowed to be members of both the Judicial
Retirement System, and the County and District Retirement System. 
Until 1991, prosecuting attorneys were prohibited 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.  However, 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

As proposed, H.B. 2008 authorizes the county commissioners court to
authorize former county prosecuting attorneys who are still members
of the county retirement system to establish credit for current
service in the county retirement system for certain previous
service.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 843G, Government Code, by adding Section
843.602, as follows:

     Sec. 843.602.  CERTAIN CURRENT SERVICE AS PROSECUTING
     ATTORNEY.  (a) Authorizes the commissioners court of a county
     that has adopted an order under Section 842.201(b) to
     authorize the establishment of credit for current service in
     the county retirement system (system) for service performed as
     a county prosecuting attorney before the effective date of the
     order by a member whose service had ceased before that date.
     
     (b) Requires a member claiming credit to deposit with the
       system, before the 91st day after the effective date of an
       order, for the total number of months of service claimed, an
       amount equal to the deposits that a member earning the same
       compensation from the county during the same period was
       required to make to the system.
       
       (c) Requires the system to grant the member current service
       credit if the county deposits with the system an amount
       equal to the deposit under Subsection (b), within the period
       required for member deposits.
       
       (d) Defines "prosecuting attorney."
SECTION 2. Emergency clause.
           Effective date: upon passage.