1-1           By:  Sibley, Ellis                               S.B. No. 222

 1-2           (In the Senate - Filed January 16, 1997; January 21, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     February 17, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0;

 1-6     February 17, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 222                   By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to retirement benefits payable for service as a district

1-11     or criminal district attorney or county attorney performing the

1-12     duties of a district attorney.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subchapter B, Chapter 814, Government Code, is

1-15     amended by adding Section 814.1031 to read as follows:

1-16           Sec. 814.1031.  SERVICE RETIREMENT BENEFITS FOR SERVICE AS

1-17     DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY ATTORNEY WITH

1-18     DISTRICT ATTORNEY DUTIES.  (a)  Notwithstanding Section 814.103 and

1-19     except as provided by Subsection (b), the standard service

1-20     retirement annuity for service performed as a district or criminal

1-21     district attorney or county attorney performing the duties of a

1-22     district attorney is an amount equal to the number of years of

1-23     service credit in that position, multiplied by a percentage of the

1-24     state salary, as adjusted from time to time, being paid a district

1-25     judge.  The percentage is derived from the following schedule:

1-26           Amount of service                                  Percentage

1-27           less than 12 years                                2.0 percent

1-28           at least 12 but less than 14 years                2.2 percent

1-29           at least 14 but less than 16 years                2.4 percent

1-30           at least 16 but less than 18 years                2.6 percent

1-31           at least 18 but less than 20 years                2.8 percent

1-32           20 years or more                                  3.0 percent

1-33           (b)  The standard service retirement annuity for service

1-34     performed as a district or criminal district attorney or county

1-35     attorney performing the duties of a district attorney may not

1-36     exceed at any time 100 percent of the state salary being paid a

1-37     district judge.

1-38           SECTION 2.  Subsection (a), Section 812.002, Government Code,

1-39     is amended to read as follows:

1-40           (a)  Membership in the elected class of the retirement system

1-41     is limited to:

1-42                 (1)  persons who hold state offices that are normally

1-43     filled by statewide election and that are not included in the

1-44     coverage of the Judicial Retirement System of Texas Plan One or the

1-45     Judicial Retirement System of Texas Plan Two;

1-46                 (2)  members of the legislature; and

1-47                 (3)  district and criminal district attorneys and

1-48     county attorneys performing the duties of a district attorney, to

1-49     the extent that they receive salaries from the state general

1-50     revenue fund.

1-51           SECTION 3.  Subsection (a), Section 814.108, Government Code,

1-52     is amended to read as follows:

1-53           (a)  Instead of the standard service retirement annuity

1-54     payable under Section 814.103, 814.1031, or 814.105, the standard

1-55     combined service retirement annuity payable under Section 814.107,

1-56     or an annuity actuarially reduced because of age under Section

1-57     814.107, a retiring member may elect to receive an optional service

1-58     retirement annuity under this section.

1-59           SECTION 4.  The change in law made by this Act to Subsection

1-60     (a), Section 812.002, Government Code, is intended to clarify the

1-61     law that was in effect and being administered immediately before

1-62     the effective date of this Act.

1-63           SECTION 5.  This Act takes effect September 1, 1997.

1-64           SECTION 6.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.

 2-5                                  * * * * *