76R13442 GJH-D                           
         By Uher, Gallego                                      H.B. No. 2437
         Substitute the following for H.B. No. 2437:
         By Williams                                       C.S.H.B. No. 2437
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disability retirement benefits for certain peace
 1-3     officers under the Employees Retirement System of Texas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 814.207(b), (c), and (e), Government
 1-6     Code, are amended to read as follows:
 1-7           (b)  Except as provided by Subsection (c) or (e), an
 1-8     occupational disability retirement annuity under this section is an
 1-9     amount, but not more than 100 percent, computed on the basis of the
1-10     officer's monthly compensation at the time of the disabling injury
1-11     or disease, times a percentage derived by application of Section
1-12     814.107(b).
1-13           (c)  A disability retirement annuity under this section is
1-14     not reducible because of age and may not be less than 70 [50]
1-15     percent of the [officer's] monthly compensation being paid to an
1-16     officer in the same classification as the officer, as adjusted from
1-17     time to time until the retired officer attains the age of 55,
1-18     regardless of the amount of service credited to the officer in the
1-19     employee class.
1-20           (e)  If a retiring member or retiree under this section
1-21     presents evidence satisfactory to the retirement system that the
1-22     person's condition makes the person incapable of gainful occupation
1-23     and is considered a total disability under federal social security
1-24     law, the retirement system shall increase the person's occupational
 2-1     disability retirement annuity to 100 percent of the [officer's]
 2-2     monthly compensation being paid to an officer in the same
 2-3     classification as the officer, as adjusted from time to time until
 2-4     the retired officer attains the age of 55 [at the time of the
 2-5     disabling injury or disease].
 2-6           SECTION 2.  (a)  The Employees Retirement System of Texas
 2-7     shall recompute an annuity that first became payable before
 2-8     September 1, 1999, as though Section 814.207(c), Government Code,
 2-9     as amended by this Act, was in effect on the date the annuity first
2-10     became payable.
2-11           (b)  The first payment of the recomputed annuity is payable
2-12     on the first payment date occurring on or after the effective date
2-13     of this Act.
2-14           SECTION 3.  This Act takes effect September 1, 1999.
2-15           SECTION 4.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.