1-1  By:  Junell (Senate Sponsor - Montford)                H.B. No. 384
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 12, 1995, reported favorably, as amended, by the
    1-5  following vote:  Yeas 11, Nays 0; May 12, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Nixon
    1-7  Amend House Bill 384, by striking SECTION 5 of the bill, and
    1-8  renumbering the remaining SECTIONs accordingly.
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to service creditable in and eligibility for service
   1-12  retirement from the Employees Retirement System of Texas.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 814.104(b), Government Code, is amended
   1-15  to read as follows:
   1-16        (b)  A member who is at least 55 years old and who has at
   1-17  least 10 years of service credit as a commissioned peace officer
   1-18  engaged in criminal law enforcement activities of the Department of
   1-19  Public Safety, the Texas Alcoholic Beverage Commission, the State
   1-20  Purchasing and General Services Commission Capitol Area Security
   1-21  Force, or the Parks and Wildlife Department, as an employee of the
   1-22  Railroad Commission of Texas who is licensed by the Commission on
   1-23  Law Enforcement Officer Standards and Education and has served at
   1-24  least five years as an investigator for the oil field theft
   1-25  detection division, or as a custodial officer, is eligible to
   1-26  retire and receive a service retirement annuity.
   1-27        SECTION 2.  Section 813.001, Government Code, is amended to
   1-28  read as follows:
   1-29        Sec. 813.001.  TYPES OF CREDITABLE SERVICE.  The types of
   1-30  service creditable in the retirement system are membership service,
   1-31  <and> military service, and equivalent membership service.
   1-32        SECTION 3.  Section 813.401, Government Code, is amended to
   1-33  read as follows:
   1-34        Sec. 813.401.  SERVICE CREDITABLE IN ELECTED CLASS.  Service
   1-35  creditable in the elected class of membership is:
   1-36              (1)  membership service in an office included in that
   1-37  class; <and>
   1-38              (2)  military service established as provided by
   1-39  Subchapter D; and
   1-40              (3)  equivalent membership service specifically made
   1-41  creditable in that class.
   1-42        SECTION 4.  Section 813.404, Government Code, is amended to
   1-43  read as follows:
   1-44        Sec. 813.404.  CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY
   1-45  ESTABLISHED.  For each month of membership, <or> military, or
   1-46  equivalent membership service not previously credited in the
   1-47  retirement system, a member claiming credit in the elected class
   1-48  shall pay a contribution in an amount equal to the greater of:
   1-49              (1)  eight percent of the monthly salary paid to
   1-50  members of the legislature at the time the credit is established;
   1-51  or
   1-52              (2)  six percent of the monthly state salary paid to a
   1-53  person who holds, at the time the credit is established, the office
   1-54  for which credit is sought.
   1-55        SECTION 5.  Subchapter E, Chapter 813, Government Code, is
   1-56  amended by adding Section 813.406 to read as follows:
   1-57        Sec. 813.406.  COUNTY SERVICE.  (a)  A member of the elected
   1-58  class of membership who meets a service requirement provided by
   1-59  Section 814.102 for retirement at an attained age may establish
   1-60  equivalent membership service credit in that class for service
   1-61  performed as an elected officer of a county in this state.
   1-62        (b)  In addition to the contribution required by Section
   1-63  813.404, a member establishing service credit under this section
   1-64  must pay interest computed on the basis of the state fiscal year at
   1-65  an annual rate of 10 percent of the contribution from the time the
   1-66  service was performed to the date of deposit.
   1-67        (c)  A member may not establish more than 24 months of
   1-68  service credit under this section.  Credit may not be established
    2-1  under this section if the same service is credited in another
    2-2  public retirement system.
    2-3        (d)  The retirement system may require members applying for
    2-4  credit under this section to submit any information the system
    2-5  considers necessary to enable it to determine the amount of service
    2-6  or amounts of required contributions.
    2-7        SECTION 6.  This Act takes effect September 1, 1995.
    2-8        SECTION 7.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.
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