By Goolsby                                      H.B. No. 2468

      75R8796 GCH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to benefits from the Employees Retirement System of Texas

 1-3     for law enforcement officers commissioned by the Texas Lottery

 1-4     Commission.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 811.001(9), Government Code, is amended

 1-7     to read as follows:

 1-8                 (9)  "Law enforcement officer" means a member of the

 1-9     retirement system who has been commissioned as a law enforcement

1-10     officer by the Department of Public Safety, the Texas Alcoholic

1-11     Beverage Commission, the Texas Lottery Commission [the State

1-12     Purchasing and General Services Commission, Capitol Area Security

1-13     Force], the State Board of Pharmacy, or the Parks and Wildlife

1-14     Department and who is recognized as a commissioned law enforcement

1-15     officer by the Commission on Law Enforcement Officer Standards and

1-16     Education.

1-17           SECTION 2.  Section 814.104(b), Government Code, is amended

1-18     to read as follows:

1-19           (b)  A member who is at least 55 years old and who has at

1-20     least 10 years of service credit as a commissioned peace officer

1-21     engaged in criminal law enforcement activities of the Department of

1-22     Public Safety, the Texas Alcoholic Beverage Commission, the Texas

1-23     Lottery Commission [the State Purchasing and General Services

1-24     Commission Capitol Area Security Force], the State Board of

 2-1     Pharmacy, or the Parks and Wildlife Department, as an employee of

 2-2     the Railroad Commission of Texas who is licensed by the Commission

 2-3     on Law Enforcement Officer Standards and Education and has served

 2-4     at least five years as an investigator for the oil field theft

 2-5     detection division, or as a custodial officer, is eligible to

 2-6     retire and receive a service retirement annuity.

 2-7           SECTION 3.  Section 815.505, Government Code, is amended to

 2-8     read as follows:

 2-9           Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND

2-10     CUSTODIAL OFFICERS.  Not later than the 12th day of the month

2-11     following the month in which a person begins or ceases employment

2-12     as a law enforcement officer or custodial officer, the Public

2-13     Safety Commission, the Texas Alcoholic Beverage Commission, the

2-14     Parks and Wildlife Commission, the State Board of Pharmacy, the

2-15     Texas Lottery Commission, or the Texas Board of Criminal Justice,

2-16     as  applicable, shall certify to the retirement system, in the

2-17     manner prescribed by the system, the name of the employee and such

2-18     other information as the system determines is necessary for the

2-19     crediting of service and financing of benefits under this subtitle.

2-20           SECTION 4.  (a)  Before October 1, 1997, the Texas Lottery

2-21     Commission shall certify to the Employees Retirement System of

2-22     Texas, in the manner prescribed by the retirement system, the name

2-23     of each person employed by the commission on September 1, 1997, as

2-24     a law enforcement officer as defined by Section 811.001, Government

2-25     Code, as amended by this Act, and such other information as the

2-26     system determines is necessary for the crediting of service and

2-27     financing of benefits under Subtitle B, Title 8, Government Code.

 3-1           (b)  The deletion made by this Act of references to the State

 3-2     Purchasing and General Services Commission Capitol Area Security

 3-3     Force is intended to reflect the current law under which that unit

 3-4     is commissioned and supervised by the Department of Public Safety.

 3-5     Service credit established by a member of the Capitol Area Security

 3-6     Force during its commissioning and supervision by the State

 3-7     Purchasing and General Services Commission  or a predecessor or

 3-8     successor agency remains credited unless canceled as provided by

 3-9     Subtitle B, Title 8, Government Code.

3-10           SECTION 5.  This Act takes effect September 1, 1997.

3-11           SECTION 6.  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.