By:  Sibley, Ellis                            S.B. No. 222

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to retirement benefits payable for service as a district

 1-2     or criminal district attorney or county attorney performing the

 1-3     duties of a district attorney.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 814, Government Code, is

 1-6     amended by adding Section 814.1031 to read as follows:

 1-7           Sec. 814.1031.  SERVICE RETIREMENT BENEFITS FOR SERVICE AS

 1-8     DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY WITH

 1-9     DISTRICT ATTORNEY DUTIES.  (a)  Notwithstanding Section 814.103 and

1-10     except as provided by Subsection (b), the standard service

1-11     retirement annuity for service performed as a district or criminal

1-12     district attorney or county attorney performing the duties of a

1-13     district attorney is an amount equal to the number of years of

1-14     service credit in that position, multiplied by a percentage of the

1-15     state salary, as adjusted from time to time, being paid a district

1-16     judge.  The percentage is derived from the following schedule:

1-17           Amount of service                                  Percentage

1-18           less than 12 years                                2.0 percent

1-19           at least 12 but less than 14 years                2.2 percent

1-20           at least 14 but less than 16 years                2.4 percent

1-21           at least 16 but less than 18 years                2.6 percent

1-22           at least 18 but less than 20 years                2.8 percent

1-23           20 years or more                                  3.0 percent

 2-1           (b)  The standard service retirement annuity for service

 2-2     performed as a district or criminal district attorney or county

 2-3     attorney performing the duties of a district attorney may not

 2-4     exceed at any time 100 percent of the state salary being paid a

 2-5     district judge.

 2-6           SECTION 2.  Subsection (a), Section 812.002, Government Code,

 2-7     is amended to read as follows:

 2-8           (a)  Membership in the elected class of the retirement system

 2-9     is limited to:

2-10                 (1)  persons who hold state offices that are normally

2-11     filled by statewide election and that are not included in the

2-12     coverage of the Judicial Retirement System of Texas Plan One or the

2-13     Judicial Retirement System of Texas Plan Two;

2-14                 (2)  members of the legislature; and

2-15                 (3)  district and criminal district attorneys and

2-16     county attorneys performing the duties of a district attorney, to

2-17     the extent that they receive salaries from the state general

2-18     revenue fund.

2-19           SECTION 3.  Subsection (a), Section 814.108, Government Code,

2-20     is amended to read as follows:

2-21           (a)  Instead of the standard service retirement annuity

2-22     payable under Section 814.103, 814.1031, or 814.105, the standard

2-23     combined service retirement annuity payable under Section 814.107,

2-24     or an annuity actuarially reduced because of age under Section

2-25     814.107, a retiring member may elect to receive an optional service

 3-1     retirement annuity under this section.

 3-2           SECTION 4.  The change in law made by this Act to Subsection

 3-3     (a), Section 812.002, Government Code, is intended to clarify the

 3-4     law that was in effect and being administered immediately before

 3-5     the effective date of this Act.

 3-6           SECTION 5.  This Act takes effect September 1, 1997.

 3-7           SECTION 6.  The importance of this legislation and the

 3-8     crowded condition of the calendars in both houses create an

 3-9     emergency and an imperative public necessity that the

3-10     constitutional rule requiring bills to be read on three several

3-11     days in each house be suspended, and this rule is hereby suspended.