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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of hours certain employees must work to be |
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eligible to participate in the Texas Municipal Retirement System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 851.001(8), Government Code, is amended |
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to read as follows: |
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(8) "Employee" means a person, including a person |
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serving a period of probationary employment, who receives |
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compensation from and is certified by a municipality as being |
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regularly engaged in the performance of duties of: |
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(A) an appointive office or position that |
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normally requires services from the person for not less than 1,000 |
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hours a year or the number of hours required by an ordinance adopted |
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under Section 851.0011; or |
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(B) an elective office that normally requires |
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services from the person for not less than 1,000 hours a year, in a |
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municipality that began participating in the retirement system |
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after December 31, 1981, or that has adopted a membership |
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requirement under Section 852.107. |
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SECTION 2. Subchapter A, Chapter 851, Government Code, is |
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amended by adding Section 851.0011 to read as follows: |
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Sec. 851.0011. OPTIONAL ALTERNATIVE DEFINITION OF EMPLOYEE. (a) The |
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governing body of a participating municipality by ordinance may |
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adopt an alternative definition of "employee" for purposes of this |
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subtitle that increases the number of hours a person in an |
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appointive office or position is normally required to serve under |
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Section 851.001(8)(A) from not less than 1,000 hours a year to not |
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less than 1,500 hours a year. |
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(b) An ordinance under this section: |
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(1) must designate the effective date of the |
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ordinance; and |
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(2) applies only to an employee of a participating |
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municipality who is hired on or after the effective date of the |
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ordinance. |
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(c) The participating municipality must provide notice and |
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a copy of the ordinance to the retirement system at least 30 days |
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before the effective date of the ordinance. Failure to do so pushes |
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back the effective date of the ordinance until the 30 day notice |
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requirement is fulfilled. |
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SECTION 3. This Act takes effect September 1, 2013. |