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