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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for law enforcement officer service in the |
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Employees Retirement System of Texas by certain peace officers |
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commissioned by the comptroller. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 Juvenile Justice |
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Department, or the comptroller; and |
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(B) is recognized as a commissioned law |
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enforcement officer by the Texas Commission on Law Enforcement. |
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SECTION 2. 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 Juvenile Justice Department, or the comptroller, 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 3. 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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Juvenile Justice Department, the Board of Pardons and Paroles, [or] |
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the Texas Board of Criminal Justice, or the comptroller, as |
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applicable, shall certify to the retirement system, in the manner |
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prescribed by the system, the name of the employee and such other |
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information as the system determines is necessary for the crediting |
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of service and financing of benefits under this subtitle. |
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SECTION 4. (a) The changes in law made to Subtitle B, Title |
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8, Government Code, by this Act apply to a member of the Employees |
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Retirement System of Texas who is employed as a commissioned peace |
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officer by the comptroller on or after the effective date of this |
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Act regardless of whether the member was hired by the comptroller |
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before, on, or after the effective date of this Act. |
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(b) Service credit established by a member described by |
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Subsection (a) of this section that was earned by the member in the |
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position of a commissioned peace officer before the effective date |
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of this Act is considered service credit established as a law |
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enforcement officer for purposes of determining the benefits |
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payable from the law enforcement and custodial officer supplemental |
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retirement fund. |
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(c) As soon as practicable after the effective date of this |
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Act, the board of trustees of the Employees Retirement System of |
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Texas, in consultation with the comptroller, may adopt rules |
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necessary to implement the changes in law made by this Act. |
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(d) The comptroller shall: |
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(1) as soon as practicable after the effective date of |
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this Act, certify to the Employees Retirement System of Texas, in |
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the form and manner prescribed by the board of trustees of the |
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retirement system: |
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(A) the name of each member who is employed as a |
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commissioned peace officer by the comptroller on the effective date |
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of this Act; |
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(B) the amount of service credit established by |
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the member as a commissioned peace officer before the effective |
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date of this Act; and |
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(C) any other information the retirement system |
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determines is necessary to credit law enforcement officer service |
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in accordance with the changes in law made by this Act; and |
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(2) beginning with the first pay period that occurs |
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after the effective date of this Act and with respect to each member |
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employed by the comptroller as a commissioned peace officer, begin |
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making deductions and collecting contributions for the law |
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enforcement and custodial officer supplemental retirement fund as |
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prescribed by Section 815.402(h), Government Code. |
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SECTION 5. This Act takes effect September 1, 2023, but only |
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if funds are appropriated for the purpose of providing benefits |
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under this Act. If funds are not appropriated for that purpose, |
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this Act does not take effect. |