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.
2-13 * * * * *