79R9868 SGA-D

By:  Uresti                                                       H.B. No. 3236



A BILL TO BE ENTITLED

AN ACT

relating to certain members of the Employees Retirement System of 
Texas who retire and return to state employment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 814.1051, Government Code, is amended by 
adding Subsections (e-1) and (e-2) to read as follows:
	(e-1)  A member who receives the lump-sum payment under 
Subsection (a) and plans to return to work as a state employee:
		(1)  may not resume work as a state employee before the 
six-month anniversary of the date on which the member's retirement 
became effective; and
		(2)  must agree to continue state employment for at 
least two years after the resumption of that employment.
	(e-2)  The board of trustees may require that a member who 
violates Subsection (e-1) attend a hearing to determine whether the 
member must refund the amount of the lump-sum payment to the 
retirement system.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to a member of the Employees Retirement System of Texas who 
retires on or after the effective date of this Act.
	(b)  A member of the Employees Retirement System of Texas who 
retires before the effective date of this Act is governed by the law 
as it existed immediately before the effective date of this Act, and 
that law is continued in effect for that purpose.
	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.