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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation and benefits for commissioned peace |
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officers employed by the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.009, Government Code, is amended to |
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read as follows: |
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Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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OFFICERS. (a) The attorney general may employ and commission peace |
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officers as investigators for the limited purpose of assisting the |
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attorney general in carrying out the duties of that office relating |
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to prosecution assistance and crime prevention. |
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(b) The attorney general shall ensure that an investigator |
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employed as authorized under Subsection (a) is compensated |
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according to Schedule C of the position classification salary |
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schedule prescribed by the General Appropriations Act. |
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SECTION 2. Section 659.301(5), Government Code, is amended |
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to read as follows: |
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(5) "State employee" means an individual who: |
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(A) is a commissioned law enforcement officer of |
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the Department of Public Safety, the Texas Facilities Commission, |
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the Texas Alcoholic Beverage Commission, [or] the Texas Department |
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of Criminal Justice, or the attorney general; |
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(B) is a commissioned security officer of the |
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comptroller; |
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(C) is a law enforcement officer commissioned by |
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the Parks and Wildlife Commission; |
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(D) is a commissioned peace officer of an |
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institution of higher education; |
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(E) is an employee or official of the Board of |
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Pardons and Paroles or the parole division of the Texas Department |
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of Criminal Justice if the employee or official has routine direct |
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contact with inmates of any penal or correctional institution or |
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with administratively released prisoners subject to the board's |
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jurisdiction; |
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(F) has been certified to the Employees |
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Retirement System of Texas under Section 815.505 as having begun |
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employment as a law enforcement officer or custodial officer, |
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unless the individual has been certified to the system as having |
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ceased employment as a law enforcement officer or custodial |
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officer; or |
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(G) before May 29, 1987, received hazardous duty |
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pay based on the terms of any state law if the individual holds a |
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position designated under that law as eligible for the pay. |
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SECTION 3. Section 811.001(9), Government Code, is amended |
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to read as follows: |
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(9) "Law enforcement officer" means a member of the |
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retirement system who: |
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(A) has been commissioned as a law enforcement |
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officer by the Department of Public Safety, the Texas Alcoholic |
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Beverage Commission, the Parks and Wildlife Department, [or] the |
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office of inspector general at the Texas Youth Commission, or the |
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attorney general; and |
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(B) is recognized as a commissioned law |
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enforcement officer by the Commission on Law Enforcement Officer |
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Standards and Education. |
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SECTION 4. Section 814.104(b), Government Code, is amended |
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to read as follows: |
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(b) A member who is at least 55 years old and who has at |
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least 10 years of service credit as a commissioned peace officer |
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engaged in criminal law enforcement activities of the Department of |
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Public Safety, the Texas Alcoholic Beverage Commission, the Parks |
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and Wildlife Department, [or] the office of inspector general at |
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the Texas Youth Commission, or the attorney general, or as a |
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custodial officer, is eligible to retire and receive a service |
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retirement annuity. |
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SECTION 5. Section 814.1075(b), Government Code, is amended |
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to read as follows: |
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(b) A member who has at least 20 years of service credit as a |
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law enforcement or custodial officer, including any law enforcement |
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officer as defined by Section 811.001(9), is eligible to retire |
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regardless of age and receive a standard service retirement annuity |
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as provided by this section. |
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SECTION 6. Section 815.505, Government Code, is amended to |
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read as follows: |
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Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
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CUSTODIAL OFFICERS. Not later than the 12th day of the month |
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following the month in which a person begins or ceases employment as |
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a law enforcement officer or custodial officer, the Public Safety |
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Commission, the Texas Alcoholic Beverage Commission, the Parks and |
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Wildlife Commission, the office of inspector general at the Texas |
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Youth Commission, the Board of Pardons and Paroles, the attorney |
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general, or the Texas Board of Criminal Justice, as applicable, |
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shall certify to the retirement system, in the manner prescribed by |
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the system, the name of the employee and such other information as |
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the system determines is necessary for the crediting of service and |
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financing of benefits under this subtitle. |
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SECTION 7. (a) The attorney general shall begin making |
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deductions and collecting the contributions for the law enforcement |
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and custodial officer supplemental retirement fund as provided by |
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Section 815.402(h), Government Code, beginning with the first pay |
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period that occurs after December 31, 2013. |
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(b) The board of trustees of the Employees Retirement System |
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of Texas shall adopt rules as soon as possible after the effective |
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date of this Act to implement Section 814.1075, Government Code, as |
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amended by this Act. |
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SECTION 8. This Act takes effect September 1, 2013. |