By Hartnett                                           H.B. No. 1913
       74R4533 GCH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to assignment of benefits payable by the Employees
    1-3  Retirement System of Texas or the Teacher Retirement System of
    1-4  Texas.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 811.005, Government Code, is amended to
    1-7  read as follows:
    1-8        Sec. 811.005.  EXEMPTION FROM EXECUTION.  All retirement
    1-9  annuity payments, optional benefit payments, member contributions,
   1-10  money in the various retirement system funds, and rights accrued or
   1-11  accruing under this subtitle to any person are exempt from
   1-12  garnishment, attachment, state and local taxation, levies, sales,
   1-13  and any other process, and are unassignable except as provided by
   1-14  Section 813.103 or 814.006.
   1-15        SECTION 2.  Subchapter A, Chapter 814, Government Code, is
   1-16  amended by adding Section 814.006 to read as follows:
   1-17        Sec. 814.006.  ASSIGNMENT OF BENEFITS OF CERTAIN MEDICAID
   1-18  RECIPIENTS.  (a)  An annuitant who is a resident of a nursing
   1-19  facility and is receiving benefits under the state Medicaid program
   1-20  administered under Chapter 32, Human Resources Code, may, on a form
   1-21  prescribed by and filed with the retirement system, assign to the
   1-22  Texas Department of Human Resources all or a portion of any
   1-23  benefits from the retirement system to which the person is
   1-24  entitled.  A person may revoke an assignment in the same manner as
    2-1  the original assignment was made, unless the original assignment by
    2-2  its terms was made irrevocable.
    2-3        (b)  An assignment or a revocation of an assignment applies
    2-4  only to benefits that become payable on or after the date the
    2-5  document is filed.
    2-6        (c)  The retirement system and the Texas Department of Human
    2-7  Resources may adopt joint rules for the administration of this
    2-8  section.  The retirement system shall notify members at the time of
    2-9  retirement of the availability of assignments under this section.
   2-10        SECTION 3.  Section 821.005, Government Code, is amended to
   2-11  read as follows:
   2-12        Sec. 821.005.  Exemption From Execution.  All retirement
   2-13  allowances, annuities, refunded contributions, optional benefits,
   2-14  money in the various retirement system accounts, and rights accrued
   2-15  or accruing under this subtitle to any person are exempt from
   2-16  garnishment, attachment, state and municipal taxation, sale, levy,
   2-17  and any other process, and are unassignable except as provided by
   2-18  Section 824.006.
   2-19        SECTION 4.  Subchapter A, Chapter 824, Government Code, is
   2-20  amended by adding Section 824.006 to read as follows:
   2-21        Sec. 824.006.  ASSIGNMENT OF BENEFITS OF CERTAIN MEDICAID
   2-22  RECIPIENTS.  (a)  An annuitant who is a resident of a nursing
   2-23  facility and is receiving benefits under the state Medicaid program
   2-24  administered under Chapter 32, Human Resources Code, may, on a form
   2-25  prescribed by and filed with the retirement system, assign to the
   2-26  Texas Department of Human Resources all or a portion of any
   2-27  benefits from the retirement system to which the person is
    3-1  entitled.  A person may revoke an assignment in the same manner as
    3-2  the original assignment was made, unless the original assignment by
    3-3  its terms was made irrevocable.
    3-4        (b)  An assignment or a revocation of an assignment applies
    3-5  only to benefits that become payable on or after the date the
    3-6  document is filed.
    3-7        (c)  The retirement system and the Texas Department of Human
    3-8  Resources may adopt joint rules for the administration of this
    3-9  section.  The retirement system shall notify members at the time of
   3-10  retirement of the availability of assignments under this section.
   3-11        SECTION 5.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended,
   3-16  and that this Act take effect and be in force from and after its
   3-17  passage, and it is so enacted.