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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting benefits for same-sex spouses under a |
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public retirement system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.204(c), Family Code, is amended to |
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read as follows: |
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(c) The state or an agency or political subdivision of the |
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state, including a public retirement system as that term is defined |
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by Section 802.001, Government Code, may not give effect to a: |
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(1) public act, record, or judicial proceeding that |
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creates, recognizes, or validates a marriage between persons of the |
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same sex or a civil union in this state or in any other |
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jurisdiction; or |
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(2) right or claim to any legal protection, benefit, |
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or responsibility asserted as a result of a marriage between |
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persons of the same sex or a civil union in this state or in any |
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other jurisdiction. |
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SECTION 2. Chapter 810, Government Code, is amended by |
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adding Section 810.003 to read as follows: |
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Sec. 810.003. PROHIBITION ON BENEFITS FOR SAME-SEX SPOUSE. |
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(a) In this section: |
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(1) "Public retirement system" has the meaning |
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assigned by Section 802.001. |
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(2) "Spouse" includes the terms "husband," "wife," and |
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"marital partner" and a partner in a civil union. |
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(b) Notwithstanding any other law, rule, or policy of a |
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public retirement system, a same-sex spouse of a member or retiree |
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of a public retirement system may not be considered eligible for |
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benefits provided by the system under a law, rule, or policy that |
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defines the term "spouse" in a way that includes or allows the |
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spouse of the member or retiree to be a person of the same sex as the |
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member or retiree. |
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(c) A public retirement system may not adopt a rule or |
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policy that would make a same-sex spouse eligible for benefits |
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under the retirement system by: |
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(1) defining the term "spouse" in a way that includes |
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or allows the spouse of a member or retiree to be a person of the |
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same sex as the member or retiree; or |
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(2) using means other than those described by |
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Subdivision (1). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |