By Fraser, et al.                                     S.B. No. 1144
         76R5762 GCH-F                           
                                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.
 1-6           SECTION 1.  Subchapter B, Chapter 814, Government Code, is
 1-7     amended by adding Section 814.1031 to read as follows:
1-10     PERFORMING DISTRICT ATTORNEY DUTIES.  (a)  Notwithstanding Section
1-11     814.103 and except as provided by Subsection (b), the standard
1-12     service retirement annuity for service performed as a district or
1-13     criminal district attorney or a county attorney performing the
1-14     duties of a district attorney is an amount equal to the number of
1-15     years of service credit in that position, multiplied by a
1-16     percentage of the state salary, as adjusted from time to time,
1-17     being paid a district judge.  The percentage is derived from the
1-18     following schedule:
1-19           Amount of service                          Percentage  
1-20           less than 12 years                         2.25 percent
1-21           at least 12 but less than 16 years         2.5 percent 
1-22           at least 16 but less than 20 years         2.75 percent
1-23           20 years or more                           3.0 percent 
1-24           (b)  A standard service retirement annuity described by this
 2-1     section may not exceed at any time 100 percent of the state salary
 2-2     being paid a district judge.
 2-3           SECTION 2.  Section 812.002(a), Government Code, is amended
 2-4     to read as follows:
 2-5           (a)  Membership in the elected class of the retirement system
 2-6     is limited to:
 2-7                 (1)  persons who hold state offices that are normally
 2-8     filled by statewide election and that are not included in the
 2-9     coverage of the Judicial Retirement System of Texas Plan One or the
2-10     Judicial Retirement System of Texas Plan Two;
2-11                 (2)  members of the legislature; and
2-12                 (3)  district and criminal district attorneys and
2-13     county attorneys performing the duties of a district attorney, to
2-14     the extent that they receive salaries from the state general
2-15     revenue fund.
2-16           SECTION 3.  Section 814.108(a), Government Code, is amended
2-17     to read as follows:
2-18           (a)  Instead of the standard service retirement annuity
2-19     payable under Section 814.103, 814.1031, or 814.105, the standard
2-20     combined service retirement annuity payable under Section 814.107,
2-21     or an annuity actuarially reduced because of age under Section
2-22     814.107, a retiring member may elect to receive an optional service
2-23     retirement annuity under this section.
2-24           SECTION 4.  The Employees Retirement System of Texas shall
2-25     recompute each annuity that is being paid on August 31, 1999, and
2-26     that is based on the service of a district or criminal district
2-27     attorney or a county attorney performing the duties of a district
 3-1     attorney, as if Section 814.1031, Government Code, as added by this
 3-2     Act, had been in effect on the date of the retirement or death for
 3-3     which the annuity is payable.  An annuity as recomputed under this
 3-4     section becomes payable on the first payment that becomes due on or
 3-5     after the effective date of this Act.
 3-6           SECTION 5.  The change in law made by this Act to Section
 3-7     812.002(a), Government Code, is intended to clarify the law in
 3-8     effect and being administered immediately before the effective date
 3-9     of this Act.
3-10           SECTION 6.  This Act takes effect September 1, 1999.
3-11           SECTION 7.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.