By:  Fraser, Sibley, Duncan                           S.B. No. 1144
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to retirement benefits payable for service as a district
 1-2     or criminal district attorney or a county attorney performing the
 1-3     duties of a district attorney.
 1-5           SECTION 1.  Subchapter B, Chapter 814, Government Code, is
 1-6     amended by adding Section 814.1031 to read as follows:
 1-9     PERFORMING DISTRICT ATTORNEY DUTIES.  (a)  Notwithstanding Section
1-10     814.103 and except as provided by Subsection (b), the standard
1-11     service retirement annuity payable for at least 20 years service
1-12     credit as a district or criminal district attorney or a county
1-13     attorney performing the duties of a district attorney is an amount
1-14     equal to the number of years of service credit in that position,
1-15     multiplied by a percentage of the state salary, as adjusted from
1-16     time to time, being paid a district judge.  The percentage is the
1-17     sum of the percentage used to compute a standard service retirement
1-18     annuity under Section 814.103 plus .5 percent.
1-19           (b)  A standard service retirement annuity described by this
1-20     section may not exceed at any time 100 percent of the state salary
1-21     being paid a district judge.
1-22           SECTION 2.  Subsection (a), Section 812.002, Government Code,
1-23     is amended to read as follows:
1-24           (a)  Membership in the elected class of the retirement system
 2-1     is limited to:
 2-2                 (1)  persons who hold state offices that are normally
 2-3     filled by statewide election and that are not included in the
 2-4     coverage of the Judicial Retirement System of Texas Plan One or the
 2-5     Judicial Retirement System of Texas Plan Two;
 2-6                 (2)  members of the legislature; and
 2-7                 (3)  district and criminal district attorneys and
 2-8     county attorneys performing the duties of a district attorney, to
 2-9     the extent that they receive salaries from the state general
2-10     revenue fund.
2-11           SECTION 3.  Subsection (a), Section 814.108, Government Code,
2-12     is amended to read as follows:
2-13           (a)  Instead of the standard service retirement annuity
2-14     payable under Section 814.103, 814.1031, or 814.105, the standard
2-15     combined service retirement annuity payable under Section 814.107,
2-16     or an annuity actuarially reduced because of age under Section
2-17     814.107, a retiring member may elect to receive an optional service
2-18     retirement annuity under this section.
2-19           SECTION 4.  The Employees Retirement System of Texas shall
2-20     recompute each annuity that is being paid on August 31, 1999, and
2-21     that is based on the service of a district or criminal district
2-22     attorney or a county attorney performing the duties of a district
2-23     attorney, as if Section 814.1031, Government Code, as added by this
2-24     Act, had been in effect on the date of the retirement or death for
2-25     which the annuity is payable.  An annuity as recomputed under this
2-26     section becomes payable on the first payment that becomes due on or
 3-1     after the effective date of this Act.
 3-2           SECTION 5.  The change in law made by this Act to Subsection
 3-3     (a), Section 812.002, Government Code, is intended to clarify the
 3-4     law in effect and being administered immediately before the
 3-5     effective date of this Act.
 3-6           SECTION 6.  This Act takes effect September 1, 1999.
 3-7           SECTION 7.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.