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79R2127 MCK-D

By:  Hegar                                                        H.B. No. 2976



A BILL TO BE ENTITLED

AN ACT

relating to the benefits and compensation of retired state 
employees who return to state employment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 659.042, Government Code, is amended to 
read as follows: 
	Sec. 659.042.  EXCLUSIONS.  The following are not entitled 
to longevity pay under this subchapter:
		(1)  a member of the legislature;                                             
		(2)  an individual who holds a statewide office that is 
normally filled by vote of the people;
		(3)  an independent contractor or an employee of an 
independent contractor; 
		(4)  a temporary employee;                                                    
		(5)  an officer or employee of a public junior college; 
[or]
		(6)  an academic employee of a state institution of 
higher education; or
		(7)  a state employee who receives an annuity based 
wholly or partly on service as a state officer or state employee in 
a public retirement system, as defined by Section 802.001, that was 
credited to the state employee.
	SECTION 2.  Section 659.126, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  An eligible state employee who receives an annuity based 
wholly or partly on service as a state officer or state employee in 
a public retirement system, as defined by Section 802.001, that was 
credited to the state employee is ineligible to receive benefit 
replacement pay.
	SECTION 3.  Section 661.152, Government Code, is amended by 
adding Subsection (l) to read as follows:
	(l)  For purposes of computing vacation leave under 
Subsection (d) for a state employee who receives an annuity based 
wholly or partly on service as a state officer or state employee in 
a public retirement system, as defined by Section 802.001, that was 
credited to the state employee, years of total state employment 
includes only the length of state employment after the date the 
state employee retired.
	SECTION 4.  This Act takes effect September 1, 2005.