BILL ANALYSIS


                                                          S.B. 91
                                                       By: Leedom
                                                    State Affairs
                                                           2-6-95
                                     Committee Report (Unamended)

BACKGROUND

Under current law relating to the Employees Retirement System, by
definition an "occupational disability," if induced by a disease,
must result from a specific act or occurrence determinable at a
definite time and place and be the direct result of an inherent
risk or hazard peculiar to a duty that arising from and in the
course of state employment.

PURPOSE

As proposed, S.B. 91 changes the definition of the causes of an
"occupational death or disability" to include diseases resulting
from duties performed in the course of state employment without
regard to a specific act or occurrence determinable by a definite
time and place.

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 Subdivision (12), Section 811.001, Government
Code, to redefine "occupational death or disability."

SECTION 2. (a) Entitles a disability retiree of the Employees
Retirement System of Texas (ERS), whose claim of an occupational
disability was denied by the retirement system before the effective
date of this Act, to an administrative hearing to determine whether
the person's disability would have been occupational under
Subdivision (12), Section 811.001, Government Code, as amended by
this Act. Requires a request for a hearing to be filed with the
retirement system before January 1, 1997.

     (b) Requires the ERS to mail to each disability retiree, whose
     claim of an occupational disability was denied by the
     retirement system in the two years preceding the effective
     date of this Act, a notice of the right to a hearing.
     
     (c) Requires the retirement system, if ERS determines that the
     retiree's disability would have been occupational, to
     recompute the retiree's annuity as an occupational disability
     retirement annuity of the same type as the annuity originally
     selected by the retiree. Provides that the annuity becomes
     payable after the redetermination is made of the nature of the
     disability.
     
     (d) Provides that a person whose annuity is recomputed under
     this section is considered a retiree because of occupational
     disability for purposes of all programs administered by ERS.
     
     SECTION 3.     Emergency clause.
           Effective date: upon passage.