By Gallego H.B. No. 437
77R2733 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to retirement benefits for law enforcement officers
1-3 employed and commissioned by institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 811.001, Government Code, is amended by
1-6 amending Subdivision (9) and adding Subdivision (19) to read as
1-7 follows:
1-8 (9) "Law enforcement officer" means a member of the
1-9 retirement system who has been commissioned as a law enforcement
1-10 officer by the Department of Public Safety, the Texas Alcoholic
1-11 Beverage Commission, the State Board of Pharmacy, an institution of
1-12 higher education, or the Parks and Wildlife Department and who is
1-13 recognized as a commissioned law enforcement officer by the
1-14 Commission on Law Enforcement Officer Standards and Education.
1-15 (19) "Institution of higher education" has the meaning
1-16 assigned by Section 61.003, Education Code.
1-17 SECTION 2. Section 812.003(a), Government Code, is amended
1-18 to read as follows:
1-19 (a) Except as provided by Subsection (b), membership in the
1-20 employee class of the retirement system includes:
1-21 (1) all employees and appointed officers of every
1-22 department, commission, board, agency, or institution of the state
1-23 except:
1-24 (A) [(1)] independent contractors and their
2-1 employees performing work for the state;
2-2 (B) [(2)] persons disqualified from membership
2-3 under Section 812.201; and
2-4 (C) [(3)] persons disqualified from membership
2-5 under Section 812.004; and
2-6 (2) all law enforcement officers commissioned and
2-7 employed by an institution of higher education except persons
2-8 disqualified from membership under Section 812.201 or 812.004.
2-9 SECTION 3. Section 814.104(b), Government Code, is amended
2-10 to read as follows:
2-11 (b) A member who is at least 55 years old and who has at
2-12 least 10 years of service credit as a commissioned peace officer
2-13 engaged in criminal law enforcement activities of the Department of
2-14 Public Safety, the Texas Alcoholic Beverage Commission, the State
2-15 Board of Pharmacy, an institution of higher education, or the Parks
2-16 and Wildlife Department, as an employee of the Railroad Commission
2-17 of Texas who is licensed by the Commission on Law Enforcement
2-18 Officer Standards and Education and has served at least five years
2-19 as an investigator for the oil field theft detection division, or
2-20 as a custodial officer, is eligible to retire and receive a service
2-21 retirement annuity.
2-22 SECTION 4. Section 815.505, Government Code, is amended to
2-23 read as follows:
2-24 Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
2-25 CUSTODIAL OFFICERS. Not later than the 12th day of the month
2-26 following the month in which a person begins or ceases employment
2-27 as a law enforcement officer or custodial officer, the Public
3-1 Safety Commission, the Texas Alcoholic Beverage Commission, the
3-2 Parks and Wildlife Commission, the State Board of Pharmacy, an
3-3 institution of higher education, the Board of Pardons and Paroles,
3-4 or the Texas Board of Criminal Justice, as applicable, shall
3-5 certify to the retirement system, in the manner prescribed by the
3-6 system, the name of the employee and such other information as the
3-7 system determines is necessary for the crediting of service and
3-8 financing of benefits under this subtitle.
3-9 SECTION 5. Section 821.001(6), Government Code, is amended
3-10 to read as follows:
3-11 (6) "Employee" means a person who is employed, as
3-12 determined by the retirement system, on other than a temporary
3-13 basis by an employer for at least one-half time at a regular rate
3-14 of pay comparable to that of other persons employed in similar
3-15 positions. This term does not include a person employed as a law
3-16 enforcement officer by an institution of higher education, as
3-17 defined by Section 61.003, Education Code.
3-18 SECTION 6. Section 822.002, Government Code, is amended by
3-19 adding Subsection (c) to read as follows:
3-20 (c) A person commissioned and employed as a law enforcement
3-21 officer by an institution of higher education, as defined by
3-22 Section 61.003, Education Code, is not a member of the retirement
3-23 system.
3-24 SECTION 7. (a) All persons who were commissioned and
3-25 employed on August 31, 2001, as law enforcement officers by an
3-26 institution of higher education, as defined by Section 61.003,
3-27 Education Code, who were contributing members of the Teacher
4-1 Retirement System of Texas on that date, and who remain in
4-2 employment described by this subsection on September 1, 2001,
4-3 become members of the Employees Retirement System of Texas on the
4-4 latter date.
4-5 (b) Service credit in the Teacher Retirement System of Texas
4-6 as a commissioned law enforcement officer by a person whose
4-7 retirement system membership is transferred under this section will
4-8 be considered as if it were service credit in the Employees
4-9 Retirement System of Texas for the purpose of determining
4-10 eligibility for benefits from the latter system.
4-11 (c) At the time of the retirement or death of a person whose
4-12 membership is transferred under this section, the Teacher
4-13 Retirement System of Texas and the Employees Retirement System of
4-14 Texas shall make a computation and transfer of money in the manner
4-15 provided by Section 805.008, Government Code, and the person's
4-16 service credit as a law enforcement officer described by this
4-17 section in the Teacher Retirement System of Texas will be
4-18 transferred to the Employees Retirement System of Texas.
4-19 SECTION 8. Before October 1, 2001, each institution of
4-20 higher education, as defined by Section 61.003, Education Code,
4-21 shall certify to the Employees Retirement System of Texas, in the
4-22 manner prescribed by the retirement system, the name of each person
4-23 employed by the institution on September 1, 2001, as a law
4-24 enforcement officer, as defined by Section 811.001, Government
4-25 Code, as amended by this Act, and such other information as the
4-26 system determines is necessary for the crediting of service and
4-27 financing of benefits under Subtitle B, Title 8, Government Code.
5-1 SECTION 9. This Act takes effect September 1, 2001.