AN ACT
 1-1     relating to the application of the proportionate retirement program
 1-2     to certain public retirement systems under which employees may be
 1-3     transferred.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (f), Section 803.101, Government Code,
 1-6     is amended to read as follows:
 1-7           (f)  The governing body of a public retirement system in this
 1-8     state for municipal employees that is a qualified plan under
 1-9     Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C.
1-10     Section 401) may elect to participate in the proportionate
1-11     retirement program by adopting a resolution to that effect.  A
1-12     resolution may not be adopted under this subsection without the
1-13     approval of the governing body of the municipality that finances
1-14     the retirement system.  The governing body of the retirement system
1-15     shall notify all other participating retirement systems of the
1-16     election.  The effective date of participation in the proportionate
1-17     retirement program by a retirement system for which an election is
1-18     made under this subsection is the first day of the third month
1-19     after the month in which notice is given under this subsection. An
1-20     election under this subsection does not require the approval of the
1-21     participants in the public retirement system making the election.
1-22           SECTION 2.  Section 803.003, Government Code, is amended to
1-23     read as follows:
1-24           Sec. 803.003.  CONSTRUCTION OF CHAPTER.  (a)  The provisions
 2-1     of this chapter are exceptions to the other laws governing
 2-2     retirement systems to which this chapter applies and prevail over
 2-3     those laws to the extent of explicit conflict, but this chapter
 2-4     must be construed strictly as against those laws.
 2-5           (b)  Notwithstanding any other law, a person who is
 2-6     involuntarily transferred to a position included in the coverage of
 2-7     a retirement system governed by Chapter 101, Acts of the 43rd
 2-8     Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's
 2-9     Texas Civil Statutes), from a position included in a retirement
2-10     system operated by a municipality that does not participate in a
2-11     statewide retirement system governed by Chapter 101, Acts of the
2-12     43rd Legislature, 1st Called Session, 1933 (Article 6243b, Vernon's
2-13     Texas Civil Statutes), may make an irrevocable election at the time
2-14     of the transfer to continue membership in the municipal retirement
2-15     system.  An involuntary transfer is determined by the employment
2-16     rules that apply to the person immediately before the time of the
2-17     involuntary transfer.
2-18           SECTION 3.  This Act takes effect September 1, 1999.
2-19           SECTION 4.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1664 passed the Senate on
         April 22, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendment on May 25, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1664 passed the House, with
         amendment, on May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor