HBA-SEB H.B. 1404 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1404
By: McReynolds
Pensions and Investments
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Employees Retirement System of Texas (ERS) separately
designates commissioned law enforcement officers from other members of ERS.
The separate designation entitles a law enforcement officer to greater
retirement benefits.  This category, however, does not include a law
enforcement officer who has been commissioned by either the Texas
Department of Insurance or the state fire marshall.  The Texas Department
of Insurance employs 13 commissioned law enforcement officers, and the
state fire marshall's office employs 44 such officers.  H.B. 1404 includes
these officers in ERS's definition of "law enforcement officer" and
entitles them to the applicable retirement benefits. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 811.001(9), Government Code, to include within
the definition of "law enforcement officer" a member of the Employees
Retirement System of Texas (member, ERS) who has been commissioned as a law
enforcement officer by the Texas Department of Insurance or the state fire
marshall. 

SECTION 2.  Amends Section 814.104(b), Government Code, to include a member
commissioned by the Texas Department of Insurance or the state fire
marshall as a person who is eligible to retire and receive a service
retirement annuity if the member is at least 55 years old and has at least
10 years of service credit as a commissioned peace officer. 

SECTION 3.  Amends Section 815.505, Government Code, to make a conforming
change. 

SECTION 4.  Requires the Texas Department of Insurance and the state fire
marshall, before October 1, 1999, to certify to the retirement system, in
the manner prescribed by ERS, the name of each person employed by the
department or officer, as applicable, on September 1, 1999, as a law
enforcement officer as defined by Section 811.001, Government Code, as
amended by this Act, and such other information as the system determines is
necessary for the crediting of service and financing of benefits under
Subtitle B, Title 8, Government Code (Employees Retirement System of
Texas). 

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.