By:  Barrientos                               S.B. No. 458

         97S0036/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to credit in the Employees Retirement System of Texas for

 1-2     military service.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (b), Section 813.302, Government Code,

 1-5     is amended to read as follows:

 1-6           (b)  A member eligible to establish military service credit

 1-7     is one who:

 1-8                 (1)  [does not receive and is not eligible to receive

 1-9     federal retirement payments based on 20 years or more of active

1-10     federal military duty or its equivalent;]

1-11                 [(2)]  has been released from military duty under

1-12     honorable conditions [not dishonorable]; and

1-13                 (2) [(3)]  has credit in the retirement system for

1-14     membership service performed after the member's date of release

1-15     from active military duty.

1-16           SECTION 2.  The importance of this legislation and the

1-17     crowded condition of the calendars in both houses create an

1-18     emergency and an imperative public necessity that the

1-19     constitutional rule requiring bills to be read on three several

1-20     days in each house be suspended, and this rule is hereby suspended,

1-21     and that this Act take effect and be in force from and after its

1-22     passage, and it is so enacted.