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.