By:  Barrientos                                        S.B. No. 538

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to eligibility and benefits under public retirement

 1-2     systems for employees of certain municipalities.

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

 1-4           SECTION 1.  Sections 2 and 3, Chapter 451, Acts of the 72nd

 1-5     Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas

 1-6     Civil Statutes), are amended to read as follows:

 1-7           Sec. 2.  DEFINITIONS.  The following words and phrases have

 1-8     the meanings assigned by this section unless a different meaning is

 1-9     plainly required by the context:

1-10                 (1)  "Accumulated deposits" means the amount standing

1-11     to the credit of a member derived from the deposits required to be

1-12     made by the member to the retirement system improved annually by

1-13     interest credited at a rate determined by the retirement board from

1-14     time to time upon the advice of the retirement board's actuary and

1-15     credited as of December 31 to amounts standing to the credit of the

1-16     member on January 1 of the same calendar year.

1-17                 (2)  "Actual retirement date" means the last day of the

1-18     month during which a member retires.

1-19                 (3)  "Actuarial equivalent" means any benefit of equal

1-20     present value when computed on the basis of actuarial tables

1-21     adopted by the retirement board from time to time upon the advice

1-22     of the retirement board's actuary.  The actuarial tables adopted

1-23     for this purpose shall be tables that are acceptable to the

1-24     Internal Revenue Service and be clearly identified by resolution

 2-1     adopted by the retirement board.

 2-2                 (4)  "Actuary" means the technical advisor of the

 2-3     retirement board regarding the operations which are based on

 2-4     mortality, service, and compensation experience.

 2-5                 (5)  "Agency of the municipality" means any agency or

 2-6     instrumentality of the city, or governmental or publicly owned

 2-7     legal entity created by the municipality, subsequent to the

 2-8     effective date of this Act, to perform or provide a public service

 2-9     or function and which entity is not a hospital authority and

2-10     employs one or more employees to provide services and/or accomplish

2-11     its public purpose.

2-12                 (6)  "Approved medical leave of absence" means any

2-13     absence authorized in writing by the member's employer for the

2-14     purpose of enabling the member to obtain medical care or treatment

2-15     or to recover from any sickness or injury.

2-16                 (7)  "Authorized leave of absence" means military leave

2-17     of absence, including a period of not more than 90 days after the

2-18     date of release from active military duty, or any other leave of

2-19     absence during which a member is otherwise authorized by law to

2-20     continue making contributions to the system.  The term does not

2-21     include an approved medical leave of absence.

2-22                 (8)  "Average final compensation" means the average

2-23     monthly compensation, as defined and limited by Subdivision (12) of

2-24     this section, less overtime, incentive, and terminal pay, plus, (i)

2-25     amounts picked up by the employer pursuant to Section 10(e) of this

2-26     Act, and (ii) amounts not otherwise included in the member's

2-27     taxable income by reason of either an election under a "cafeteria"

 3-1     plan as described in Section 125 of the code or deferrals under a

 3-2     plan of deferred compensation within the scope of Section 457 of

 3-3     the code, to the extent not in excess of $12,500 for persons who

 3-4     first become members after 1995 that is earned by a member during,

 3-5     as applicable:

 3-6                       (A)  if the member has 120 months or more of

 3-7     membership service, the 36 months of membership service which

 3-8     yielded the highest average during the last 120 months of

 3-9     membership service;

3-10                       (B)  if the member has less than 120 months of

3-11     membership service, but has at least 36 months of membership

3-12     service, then the average during the 36 months which yield the

3-13     highest average; or

3-14                       (C)  if the member does not have 36 months of

3-15     membership service, then the average during the member's months of

3-16     membership service.

3-17                 (9)  "Beneficiary" means the member's designated

3-18     beneficiary.  If there is no effective beneficiary designation on

3-19     the date of the member's death, or if the designated beneficiary

3-20     predeceases the member (or dies in or as a result of the same event

3-21     that caused the member's death and does not survive the member by

3-22     48 hours), the member's spouse or, if the member does not have a

3-23     spouse, the member's estate shall be the beneficiary.

3-24                 (10)  "Board" means the boards of directors of an

3-25     employer that is not a municipality as described in Section 1 of

3-26     this Act.

3-27                 (11)  "Code" means the United States Internal Revenue

 4-1     Code of 1986 (26 U.S.C. Section 1 et seq.) and its successors.

 4-2                 (12)  "Compensation" means, with respect to any member,

 4-3     such member's wages, within the meaning of Section 3401(a) of the

 4-4     code (for purposes of income tax withholding at the source) but

 4-5     determined without regard to any rules that limit the remuneration

 4-6     included in wages based on the nature or location of the employment

 4-7     or the services performed (such as the exception for agricultural

 4-8     labor in Section 3401(a)(2) of the code).  Compensation in excess

 4-9     of $12,500 per month for any employee who first becomes a member in

4-10     a year commencing after 1995 shall be disregarded.  The $12,500

4-11     limitation shall be adjusted for cost of living increases as

4-12     provided under Section 401(a)(17) of the code.  [In applying the

4-13     limitations, the family group of a highly compensated employee who

4-14     is one of the 10 employees of the employer paid the highest

4-15     compensation during the year shall be treated as a single employee,

4-16     except that, for this purpose, family members shall include only

4-17     the affected highly compensated employee's spouse and lineal

4-18     descendants who have not attained age 19 before the close of the

4-19     year.  If, as a result of the application of such rules, the

4-20     adjusted $12,500 limitation is exceeded, the limitation shall be

4-21     prorated among the affected family members' compensation prior to

4-22     the application of the limitation or the limitation shall be

4-23     adjusted in accordance with any other method permitted by Internal

4-24     Revenue Service guidelines.]

4-25                 (13)  "Consumer price index" means the Consumer Price

4-26     Index for Urban Wage Earners and Clerical Workers (United States

4-27     City Average, All Items) published monthly by the Bureau of Labor

 5-1     Statistics, United States Department of Labor, or its successor in

 5-2     function.

 5-3                 (14)  "Creditable service" means the total of prior

 5-4     service and membership service.

 5-5                 (15)  "Current service annuity" means a series of equal

 5-6     monthly payments payable for the member's life after retirement for

 5-7     membership service from funds of the retirement system equal to

 5-8     one-twelfth of the product of 2.6 [2.3] percent of a member's

 5-9     average final compensation multiplied by the number of months of

5-10     membership service.  [However, if payments commence before the

5-11     member's normal retirement date, the amount of the monthly payments

5-12     to which the member would otherwise be entitled shall be reduced as

5-13     provided by Section 7(e) of this Act.]

5-14                 (16)  "Deposits" means the amounts required to be paid

5-15     by members in accordance with the provisions of this Act.

5-16                 (17)  "Designated beneficiary" means any person, trust,

5-17     or estate properly designated in writing by a member to receive

5-18     benefits from the system in the event of the member's death.  If

5-19     the member is married, an individual other than the member's spouse

5-20     may be the designated beneficiary only if the spouse consents to

5-21     such designation in the form and manner prescribed by the

5-22     retirement board.

5-23                 (18)  "Disability retirement" means the termination of

5-24     employment of a member because of disability with a disability

5-25     retirement allowance as provided in Section 8 of this Act.

5-26                 (19)  "Employer" means the city or municipality

5-27     described in Section 1 of this Act, a hospital authority as defined

 6-1     in Subdivision (24) of this section or the retirement board defined

 6-2     in Subdivision (43) [(42)] of this section, or an agency of the

 6-3     municipality as defined in Subdivision (5) of this section.

 6-4                 (20)  "Fund" means the trust fund containing the

 6-5     aggregate of the assets of Fund No. 1 and Fund No. 2.

 6-6                 (21)  "Fund No. 1" means the fund in which shall be

 6-7     kept all accumulated deposits of members who have not withdrawn

 6-8     from the system.

 6-9                 (22)  "Fund No. 2" means the fund in which shall be

6-10     kept all money contributed by the city on behalf of city employees,

6-11     all money contributed by a hospital authority on behalf of hospital

6-12     authority employees, and all money contributed by the retirement

6-13     board on behalf of retirement board employees, interest earned

6-14     thereon, and all accumulations and earnings of the system.

6-15                 (23)  "Governing body" means the city council of the

6-16     municipality described in Section 1 and its successors as

6-17     constituted from time to time.

6-18                 (24)  "Hospital authority" means a municipal hospital

6-19     authority created after September 1, 1992, under Chapter 262,

6-20     Health and Safety Code, and its subsequent amendments, by a city

6-21     governed by this Act.

6-22                 (25)  "Investment consultant" means the person or

6-23     entity that monitors the investment performance of the system and

6-24     provides such other services as requested by the retirement board.

6-25                 (26)  "Investment manager" means the persons or

6-26     entities that have the power to manage, acquire, or dispose of

6-27     assets of Fund No. 1 or Fund No. 2 on behalf of the retirement

 7-1     system and that acknowledge fiduciary responsibility to the system

 7-2     in writing.  An investment manager must be a person, firm, or

 7-3     corporation registered as an investment adviser under the

 7-4     Investment Advisers Act of 1940, a bank, or an insurance company

 7-5     qualified to manage, acquire or dispose of assets under the laws of

 7-6     more than one state including the State of Texas and must otherwise

 7-7     meet the requirements of Section 802.204, Government Code, and its

 7-8     subsequent amendments.

 7-9                 (27)  "Life annuity" means a series of equal monthly

7-10     payments, payable after retirement for a member's life, consisting

7-11     of a combination of prior service pension and current service

7-12     annuity to which the member is entitled.

7-13                 (28)  "Life annuity (modified cash refund)" means a

7-14     life annuity providing that, in the event of death of the retired

7-15     member before that member has received payments under the life

7-16     annuity totaling the amount of that member's accumulated deposits

7-17     at the date of retirement, the excess of such accumulated deposits

7-18     over the payments made shall be paid in one lump sum to the

7-19     member's designated beneficiary.

7-20                 (29)  "Malfeasance" means (A) willful misconduct or (B)

7-21     the knowingly improper performance of any act, duty or

7-22     responsibility under this Act, including non-performance; which

7-23     interrupts or interferes with the administration, operation and

7-24     management of the retirement system or any person's duties under

7-25     this Act.

7-26                 (30)  "Member" means any:

7-27                       (A)  regular full-time employee of an employer;

 8-1     and

 8-2                       (B)  former regular full-time employee who has

 8-3     not withdrawn the member's accumulated deposits from the system.

 8-4           In any case of doubt regarding the eligibility of any

 8-5     employee to become or remain a member of the retirement system, the

 8-6     decision of the retirement board is final.

 8-7                 (31)  "Membership service" means the period of time on

 8-8     or after January 1, 1941, during which a person is or was employed

 8-9     as a regular full-time employee or is or was on an authorized leave

8-10     of absence and who is eligible for participation in the system and

8-11     pays into and keeps on deposit the amounts of money prescribed to

8-12     be paid by the member into the system.  The term includes redeemed

8-13     membership service.

8-14                 (32)  "Normal retirement age" means attainment of age

8-15     62.

8-16                 (33)  "Normal retirement date" means the earlier of the

8-17     date on which the member has completed 25 years of creditable

8-18     service or has reached normal retirement age.

8-19                 (34)  "Prior service" means service as an employee of

8-20     the city rendered prior to January 1, 1941, for which a pension

8-21     credit is allowable under prior law governing the retirement system

8-22     of that city and includes redeemed prior service.

8-23                 (35)  "Prior service pension" means a series of equal

8-24     monthly payments payable from funds of the retirement system for a

8-25     member's life after retirement for prior service equal to

8-26     one-twelfth of the product of 2.6 [2.3] percent of the member's

8-27     average monthly earnings during a period of five years preceding

 9-1     January 1, 1941, multiplied by the number of months of prior

 9-2     service. On retirement at an age other than normal retirement age,

 9-3     the monthly prior service pension herein prescribed shall be the

 9-4     actuarial equivalent thereof at the member's actual retirement

 9-5     date, based on the schedule or schedules of payments approved by

 9-6     the actuary and adopted by the retirement board and in effect on

 9-7     the member's actual retirement date.

 9-8                 (36)  "Qualified domestic relations order" has the

 9-9     meaning assigned by Section 804.001, Government Code, and its

9-10     subsequent amendments.

9-11                 (37)  "Redeemed membership service" means membership

9-12     service reinstated in accordance with Section 5(e) of this Act.

9-13                 (38)  "Redeemed prior service" means prior service

9-14     reinstated in accordance with Section 5(e) of this Act.

9-15                 (39)  "Regular full-time employee" means an individual

9-16     who is employed by the city, a hospital authority, or the board;

9-17     who is not a commissioned civil service police officer or fire

9-18     fighter, a fire or police cadet employed under civil service

9-19     procedures, the mayor, or a member of the governing body; who is

9-20     classified in the annual budget of an employer for employment for

9-21     the full calendar year; and who works 30 hours or more in a normal

9-22     40-hour work week. The term does not include an individual whose

9-23     position is classified as seasonal or temporary by the employer,

9-24     even if the individual works 30 hours or more in a normal 40-hour

9-25     work week in which the individual is employed.

9-26                 (40)  "Retired member" means a person who because of

9-27     creditable service is qualified to receive and who has retired and

 10-1    is eligible to continue receiving a retirement allowance as

 10-2    provided by this Act.

 10-3                (41)  "Retirement" means the termination of employment

 10-4    of a member after the member becomes entitled to receive a

 10-5    retirement allowance in accordance with the provisions of this Act.

 10-6                (42) [(41)]  "Retirement allowance" means the life

 10-7    annuity (modified cash refund) to which a member may be entitled

 10-8    under this Act, including annuities payable on disability

 10-9    retirement or on early retirement.

10-10                (43) [(42)]  "Retirement board" means the board of

10-11    trustees of the retirement and pensioning system herein created for

10-12    the purpose of administering the retirement system.

10-13                (44) [(43)]  "Retirement system," "retirement and

10-14    pensioning system," "pension system," or "system" means the

10-15    retirement and pensioning system created by this Act for a city

10-16    governed by this Act.

10-17                (45) [(44)]  "Year of creditable service" means a

10-18    12-month period of creditable service determined in accordance with

10-19    uniform and nondiscriminatory rules established by the retirement

10-20    board.

10-21          Sec. 3.  ESTABLISHMENT AND APPLICABILITY.  Subject

10-22    [(a)  Except as provided by Subsection (b) of this section and

10-23    subject] to the authority granted the retirement board in Section

10-24    7(d) of this Act, members who retired, and the beneficiaries of

10-25    members who died, prior to September 1, 1997 [1993], shall continue

10-26    to receive the same retirement allowances or benefits they were

10-27    entitled to receive [receiving] prior to that date, together with

 11-1    any cost of living adjustments authorized and paid in accordance

 11-2    with this Act.

 11-3          [(b)  Members who retired during the calendar years 1962 and

 11-4    1963 shall continue to receive a benefit in accordance with their

 11-5    election, if any, and the retirement allowances computed in the

 11-6    manner prescribed by an applicable city ordinance in effect as of

 11-7    January 1, 1962, or in the manner in which said allowances would

 11-8    have been computed under applicable city ordinances existing

 11-9    immediately prior to the enactments of January 1, 1962, together

11-10    with any cost of living adjustments authorized and paid in

11-11    accordance with this Act.]

11-12          SECTION 2.  Section 6, Chapter 451, Acts of the 72nd

11-13    Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas

11-14    Civil Statutes), is amended by amending Subsection (c) and adding

11-15    Subsections (d) through (g) to read as follows:

11-16          (c)  At any time before a member's actual retirement date, a

11-17    member may establish creditable service for uniformed [military]

11-18    service performed that is creditable as provided under this

11-19    subsection according to the following conditions, limitations, and

11-20    restrictions:

11-21                (1)  Uniformed [Military] service creditable in the

11-22    retirement system is any service required to be credited by the

11-23    Uniformed Services Employment and Reemployment Rights Act of 1994

11-24    (38 U.S.C. Section 4301 et seq.), as amended, and certain active

11-25    federal duty service in the armed forces of the United States

11-26    performed before the commencement of employment with the employer,

11-27    other than service as a student at a service academy, as a member

 12-1    of the reserves, or any continuous active military service lasting

 12-2    less than 90 days.  To be creditable, the uniformed [military]

 12-3    service must have been performed before the beginning of the

 12-4    member's most recent period of membership in the retirement system

 12-5    or its predecessor system.

 12-6                (2)  A member is not eligible to establish uniformed

 12-7    [military] service credit unless the member was released from

 12-8    active military duty under conditions other than dishonorable.

 12-9                (3)  A member may not establish creditable service in

12-10    the retirement system for uniformed [military] service for more

12-11    than the greater of the creditable service required under the

12-12    Uniformed Services Employment and Reemployment Rights Act of 1994

12-13    (38 U.S.C. Section 4301 et seq.), as amended, or 48 [24] months of

12-14    creditable service in the retirement system for uniformed

12-15    [military] service under this subsection.

12-16                (4)  A member may establish creditable service under

12-17    this subsection by contributing to the retirement system a single

12-18    payment equal to 25 percent of the estimated cost of the additional

12-19    projected retirement benefits the member will be entitled to

12-20    receive.  The retirement board will determine the required

12-21    contribution based on a procedure recommended by the actuary and

12-22    approved by the retirement board, provided, however,

12-23    notwithstanding the amount determined under the preceding sentence,

12-24    such contribution may not exceed the amount required under the

12-25    Uniformed Services Employment and Reemployment Rights Act of 1994

12-26    (38 U.S.C. Section 4301 et seq.), as amended, in the case of a

12-27    member who makes such contributions within the time prescribed by

 13-1    such act.

 13-2                (5)  After the member makes the deposit required by

 13-3    this subsection, the retirement system shall grant the member one

 13-4    month of creditable service for each month of creditable uniformed

 13-5    [military] service established under this subsection.

 13-6          (d)  At any time before the actual retirement date of a

 13-7    member who was not at any time a highly compensated employee within

 13-8    the meaning of Section 414(q) of the code, a member may be

 13-9    considered to qualify for unreduced retirement benefits at the age

13-10    of 55 or, if the member is more than 55 years of age, at the time

13-11    of the purchase of additional service credit by an employer.  The

13-12    incremental cost of eligibility under this subsection shall be

13-13    purchased by the employer at the full actuarial cost of the

13-14    additional creditable service as determined by the retirement board

13-15    acting on the advice of the actuary.

13-16          (e)  At any time before a member's actual retirement date,

13-17    the member may purchase noncontributory service credit equal in

13-18    amount to the period the member:

13-19                (1)  was on verifiable workers' compensation leave due

13-20    to an injury sustained in the course and scope of employment by an

13-21    employer;

13-22                (2)  was on an authorized leave of absence from an

13-23    employer; or

13-24                (3)  performed service for an employer in a position

13-25    the service for which is not otherwise creditable in the retirement

13-26    system.

13-27          (f)  The full actuarial cost of noncontributory creditable

 14-1    service purchased as provided by Subsection (e) of this section is

 14-2    payable by the member purchasing the credit.

 14-3          (g)  In this section, "noncontributory creditable service"

 14-4    means creditable service for which an employer contribution is not

 14-5    made.

 14-6          SECTION 3.  Subsections (a) and (e), Section 7, Chapter 451,

 14-7    Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n,

 14-8    Vernon's Texas Civil Statutes), are amended to read as follows:

 14-9          (a)  Except as provided by Subsection (b) of this section, a

14-10    member who retires on or after the member's normal retirement date

14-11    and applies in writing for a retirement allowance shall receive a

14-12    life annuity (modified cash refund) beginning on the last day of

14-13    the month after the month in which the member retired.  Unless

14-14    Subsection (e) of this section or Section 8 of this Act applies, a

14-15    member whose employment by the employer terminates before the

14-16    member's normal retirement date is entitled to a distribution of

14-17    the member's accumulated deposits in a single lump sum.  On

14-18    receiving that distribution, a member is not entitled to any other

14-19    benefit under this Act.  If a member has at least five years of

14-20    creditable service and does not withdraw the member's accumulated

14-21    deposits, the member is entitled to a life annuity (modified cash

14-22    refund) beginning on the first day of the month after the month in

14-23    which the member's normal retirement date occurs.  If a member has

14-24    [at least] 20 years of creditable service and does not withdraw the

14-25    member's accumulated deposits, the member is [also] entitled to a

14-26    [elect an early] retirement benefit on attaining age 55.

14-27          (e)  Any member shall be eligible for early retirement if the

 15-1    member attains the age of 55 years and completes at least 20 years

 15-2    of creditable service.  Such member shall be entitled to a benefit

 15-3    equal to a life annuity (modified cash refund) [reduced at the rate

 15-4    of five-twelfths of one percent for each month the member was

 15-5    retired before the member's normal retirement date].  A member who

 15-6    takes early retirement shall begin receiving the benefits provided

 15-7    by this subsection beginning on the last day of the month after the

 15-8    month in which the member retired.

 15-9          SECTION 4.  Section 9, Chapter 451, Acts of the 72nd

15-10    Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas

15-11    Civil Statutes), is amended by amending Subsections (a), (i), and

15-12    (j) and adding Subsection (p) to read as follows:

15-13          (a)  Notwithstanding any other provisions of this Act, the

15-14    annual benefit provided with respect to any member may not exceed

15-15    [the lesser of:]

15-16                [(1)]  $90,000[; or]

15-17                [(2)  100 percent of the member's compensation averaged

15-18    over the three consecutive calendar years during which the member

15-19    had the greatest aggregate compensation from the employer].

15-20          (i)  If a member has less than ten years of creditable

15-21    service at the time the member begins to receive benefits under the

15-22    Act, the $90,000 limitation, as adjusted, shall be reduced by

15-23    multiplying the limitation by a fraction in which the numerator is

15-24    the number of years of creditable service and the denominator is

15-25    10; provided, however, that the fraction may not be less than

15-26    one-tenth.  If the employee has less than 10 years of employment

15-27    with the employer, the [100 percent limitation of Subsection (a)(2)

 16-1    and the] $10,000 limitation of Subsection (h) shall be reduced in

 16-2    the same manner as provided in the preceding sentence, except the

 16-3    numerator shall be the number of years of employment with the

 16-4    employer rather than the number of years of creditable service.

 16-5          (j)  If a member is or has been a member in one or more

 16-6    defined contribution plans maintained by the employer, the sum of

 16-7    the defined benefit plan fraction and the defined contribution plan

 16-8    fraction for any year for which Section 415(e) of the code is in

 16-9    effect may not exceed 1.0, as determined in accordance with Section

16-10    415(e) of the code.

16-11          (p)  A retired member who resumes regular full-time

16-12    employment with an employer automatically resumes membership as an

16-13    active contributing member, and the retirement board shall

16-14    terminate the person's retirement allowance.  When the person again

16-15    retires, the retirement system shall compute the benefit based on

16-16    service before and after the initial retirement.  The resulting

16-17    benefit is reduced actuarially to reflect the value of the benefits

16-18    received before the resumption of full-time employment.

16-19          SECTION 5.  Subsection (f), Section 12, Chapter 451, Acts of

16-20    the 72nd Legislature, Regular Session, 1991 (Article 6243n,

16-21    Vernon's Texas Civil Statutes), is repealed.

16-22          SECTION 6.  (a)  A retirement allowance being paid to a

16-23    member of the retirement system created by Chapter 451, Acts of the

16-24    72nd Legislature, Regular Session, 1991 (Article 6243n, Vernon's

16-25    Texas Civil Statutes), who retired before October 1, 1997, or to a

16-26    beneficiary of such a member of that system, is changed beginning

16-27    with the payments due at the end of October, 1997.

 17-1          (b)  This change is made to reflect the change in the benefit

 17-2    multiplier to 2.6 percent effective October, 1997.  The amount of

 17-3    the change for a member or a beneficiary of a member is equal to

 17-4    the percentage multiplied by the retirement allowance otherwise

 17-5    due.  The percentage is equal to 13.04 percent.

 17-6          SECTION 7.  Subsection (d), Section 6, Chapter 451, Acts of

 17-7    the 72nd Legislature, Regular Session, 1991 (Article 6243n,

 17-8    Vernon's Texas Civil Statutes), as added by this Act, takes effect

 17-9    on the date the Internal Revenue Service issues the next favorable

17-10    determination letter regarding the qualification of the retirement

17-11    system created by Chapter 451, Acts of the 72nd Legislature,

17-12    Regular Session, 1991 (Article 6243n, Vernon's Texas Civil

17-13    Statutes).

17-14          SECTION 8.  Except as provided by Section 7 of this Act, this

17-15    Act takes effect October 1, 1997.

17-16          SECTION 9.  The importance of this legislation and the

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

17-18    emergency and an imperative public necessity that the

17-19    constitutional rule requiring bills to be read on three several

17-20    days in each house be suspended, and this rule is hereby suspended.