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.