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.