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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for custodial officer service in the |
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Employees Retirement System of Texas by certain juvenile |
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correctional officers and caseworkers employed by the Texas |
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Juvenile Justice Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 811.001, Government Code, is amended by |
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amending Subdivision (8) and adding Subdivision (8-b) to read as |
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follows: |
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(8) "Custodial officer" means a member of the |
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retirement system who is employed by the Board of Pardons and |
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Paroles or the Texas Department of Criminal Justice as a parole |
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officer or caseworker, who is employed by the Texas Juvenile |
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Justice Department as a juvenile correctional officer or |
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caseworker, or who is employed by the correctional institutions |
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division of the Texas Department of Criminal Justice and certified |
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by the department as having a normal job assignment that requires |
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frequent or infrequent regularly planned contact with, and in close |
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proximity to, inmates or defendants of the correctional |
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institutions division without the protection of bars, doors, |
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security screens, or similar devices and includes assignments |
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normally involving supervision or the potential for supervision of |
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inmates in inmate housing areas, educational or recreational |
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facilities, industrial shops, kitchens, laundries, medical areas, |
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agricultural shops or fields, or in other areas on or away from |
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property of the department. The term includes a member who |
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transfers from the Texas Department of Criminal Justice to the |
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managed health care unit of The University of Texas Medical Branch |
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or the Texas Tech University Health Sciences Center pursuant to |
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Section 9.01, Chapter 238, Acts of the 73rd Legislature, 1993, |
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elects at the time of transfer to retain membership in the |
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retirement system, and is certified by the managed health care unit |
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or the health sciences center as having a normal job assignment |
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described by this subdivision. |
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(8-b) "Juvenile correctional officer" has the meaning |
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assigned by Section 242.009, Human Resources Code. |
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SECTION 2. Section 813.0015, Government Code, is amended to |
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read as follows: |
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Sec. 813.0015. PROVISIONS APPLICABLE TO CASH BALANCE GROUP |
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MEMBERS. The following provisions of this chapter do not apply to a |
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cash balance group member: |
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(1) Sections 813.102, 813.104, 813.106, 813.202, |
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813.402, 813.403, 813.404, 813.502, 813.504, 813.505, [813.506,] |
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813.509, 813.511, 813.513, and 813.514; and |
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(2) Subchapter D. |
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SECTION 3. Sections 813.506(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) To be creditable as custodial officer service, service |
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performed must be performed as a parole officer, [or] caseworker, |
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or juvenile correctional officer or must meet the requirements of |
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the rules adopted under Subsection (a) and be performed by persons |
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in one of the following job categories: |
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(1) all persons classified as Correctional Officer I |
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through warden, including training officers and special operations |
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reaction team officers; |
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(2) all other employees assigned to work on a unit and |
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whose jobs require routine contact with inmates or defendants, |
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including but not limited to farm managers, livestock supervisors, |
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maintenance foremen, shop foremen, medical assistants, food |
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service supervisors, stewards, education consultants, commodity |
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specialists, and correctional counselors; |
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(3) employees assigned to administrative offices |
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whose jobs require routine contact with inmates or defendants at |
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least 50 percent of the time, including but not limited to |
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investigators, compliance monitors, accountants routinely required |
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to audit unit operations, sociologists, interviewers, |
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classification officers, and supervising counselors; and |
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(4) administrative positions whose jobs require |
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response to emergency situations involving inmates or defendants, |
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including but except as specified not limited to the director, |
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deputy directors, assistant directors, and not more than 25 |
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administrative duty officers. |
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(c) The Texas Department of Criminal Justice, the managed |
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health care unit of The University of Texas Medical Branch or the |
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Texas Tech University Health Sciences Center, the Texas Juvenile |
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Justice Department, or the Board of Pardons and Paroles, as |
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applicable, shall determine a person's eligibility to receive |
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credit as a custodial officer. A determination under this |
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subsection [of the department, unit, or board] may not be appealed |
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by an employee but is subject to change by the retirement system. |
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SECTION 4. 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 Texas Juvenile Justice |
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Department, the Board of Pardons and Paroles, or the Texas Board of |
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Criminal Justice, as applicable, shall certify to the retirement |
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system, in the manner prescribed by the system, the name of the |
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employee and such other information as the system determines is |
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necessary for the crediting of service and financing of benefits |
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under this subtitle. |
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SECTION 5. (a) The changes in law made by this Act apply: |
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(1) to a member of the Employees Retirement System of |
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Texas who is employed by the Texas Juvenile Justice Department as a |
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juvenile correctional officer or caseworker on or after the |
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effective date of this Act regardless of whether the member was |
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hired by the department before, on, or after the effective date of |
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this Act; and |
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(2) except as provided by Subsection (b) of this |
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section, only to service credit that is established on or after the |
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effective date of this Act. |
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(b) Service credit established by a member who is employed |
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by the Texas Juvenile Justice Department as a juvenile correctional |
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officer or caseworker and who is not subject to Chapter 820, |
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Government Code, that was earned by the member in the position of a |
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juvenile correctional officer or caseworker before the effective |
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date of this Act, is considered service credit established as a |
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custodial officer for purposes of determining the benefits payable |
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from the law enforcement and custodial officer supplemental |
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retirement fund. |
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(c) Notwithstanding Subsection (b) of this section, a |
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member subject to that subsection may not receive benefits payable |
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from the law enforcement and custodial officer supplemental |
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retirement fund based on the service credit described by that |
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subsection if the member retires before September 1, 2025. |
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(d) As soon as practical 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 Texas Juvenile Justice Department, |
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shall adopt rules necessary to implement the changes in law made by |
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this Act. |
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(e) The Texas Juvenile Justice Department shall: |
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(1) as soon as practical 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 by the |
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department as a juvenile correctional officer or caseworker on the |
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effective date of this Act; |
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(B) if the member is subject to Subsection (b) of |
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this section, the amount of service credit established by the |
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member as a juvenile correctional officer or caseworker before the |
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effective 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 custodial officer service in |
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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 department as a juvenile correctional officer or |
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caseworker, begin making deductions and collecting contributions |
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for the law enforcement and custodial officer supplemental |
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retirement fund as prescribed by Section 815.402(h), Government |
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Code. |
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SECTION 6. This Act takes effect September 1, 2023. |