79R13558 SGA-F


By:  Madden, McCall, Laubenberg                                   H.B. No. 3200

Substitute the following for H.B. No. 3200:                                   

By:  Eiland                                                   C.S.H.B. No. 3200



A BILL TO BE ENTITLED

AN ACT

relating to single employer benefit plans.                                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 810.001, Government Code, is amended by 
adding Subsection (j) to read as follows:
	(j)  A single governmental employer is not considered to be 
permitting a person who is a public employee, officer, or retiree of 
that employer to be receiving benefits from more than one system or 
program of retirement for the same service if:
		(1)  the employer participates in the Texas Municipal 
Retirement System or the Texas County and District Retirement 
System and also sponsors one or more supplemental plans:
			(A)  funded by the employer, the employee, or a 
combination of the employer and the employee; and
			(B)  established before January 1, 2005; and                          
		(2)  the amount of the combined benefits paid to the 
person by the Texas Municipal Retirement System or the Texas County 
and District Retirement System and all of the supplemental plans 
described by Subdivision (1) is in compliance with Section 415, 
Internal Revenue Code of 1986.
	SECTION 2.  All acts and proceedings of a political entity to 
establish, finance, or administer a supplemental plan established 
before January 1, 2005, that occurred before the effective date of 
this Act and that would have been authorized by Section 810.001, 
Government Code, as amended by this Act, are validated as of the 
dates the acts and proceedings occurred.  The acts and proceedings 
may not be held invalid because they were not performed in 
accordance with law.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.