76R16153 GCH-D                          
         By Fraser, et al.                                     S.B. No. 1144
         Substitute the following for S.B. No. 1144:
         By Greenberg                                      C.S.S.B. No. 1144
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to retirement benefits payable for service as a district
 1-3     or criminal district attorney or a county attorney performing the
 1-4     duties of a district attorney.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter B, Chapter 814, Government Code, is
 1-7     amended by adding Section 814.1031 to read as follows:
 1-8           Sec. 814.1031.  SERVICE RETIREMENT BENEFITS FOR CERTAIN
 1-9     SERVICE AS DISTRICT OR CRIMINAL DISTRICT ATTORNEY OR COUNTY
1-10     ATTORNEY PERFORMING DISTRICT ATTORNEY DUTIES.  Notwithstanding
1-11     Section 814.103, the standard service retirement annuity payable
1-12     for at least 20 years service credit as a district or criminal
1-13     district attorney or a county attorney performing the duties of a
1-14     district attorney by a person who first received credit for the
1-15     service before September 1, 1985, is an amount equal to the greater
1-16     of 60 percent of the state salary, as adjusted from time to time,
1-17     being paid a district judge or the amount computed under Section
1-18     814.103.
1-19           SECTION 2.  Subsection (a), Section 812.002, Government Code,
1-20     is amended to read as follows:
1-21           (a)  Membership in the elected class of the retirement system
1-22     is limited to:
1-23                 (1)  persons who hold state offices that are normally
 2-1     filled by statewide election and that are not included in the
 2-2     coverage of the Judicial Retirement System of Texas Plan One or the
 2-3     Judicial Retirement System of Texas Plan Two;
 2-4                 (2)  members of the legislature; and
 2-5                 (3)  district and criminal district attorneys and
 2-6     county attorneys performing the duties of a district attorney, to
 2-7     the extent that they receive salaries from the state general
 2-8     revenue fund.
 2-9           SECTION 3.  Subsection (a), Section 814.108, Government Code,
2-10     is amended to read as follows:
2-11           (a)  Instead of the standard service retirement annuity
2-12     payable under Section 814.103, 814.1031, or 814.105, the standard
2-13     combined service retirement annuity payable under Section 814.107,
2-14     or an annuity actuarially reduced because of age under Section
2-15     814.107, a retiring member may elect to receive an optional service
2-16     retirement annuity under this section.
2-17           SECTION 4.  The Employees Retirement System of Texas shall
2-18     recompute each annuity that is being paid on August 31, 1999, and
2-19     that is based on the service of a district or criminal district
2-20     attorney or a county attorney performing the duties of a district
2-21     attorney who had service credit for that service in the retirement
2-22     system before September 1, 1985, as if Section 814.1031, Government
2-23     Code, as added by this Act, had been in effect on the date of the
2-24     retirement or death for which the annuity is payable.  An annuity
2-25     as recomputed under this section becomes payable on the first
2-26     payment that becomes due on or after the effective date of this
2-27     Act.
 3-1           SECTION 5.  The change in law made by this Act to Subsection
 3-2     (a), Section 812.002, Government Code, is intended to clarify the
 3-3     law in effect and being administered immediately before the
 3-4     effective date of this Act.
 3-5           SECTION 6.  This Act takes effect September 1, 1999.
 3-6           SECTION 7.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.