By: Bettencourt, King S.B. No. 2072
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to service retirement benefits payable by the Employees
  Retirement System of Texas to commissioned peace officers employed
  by the attorney general.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 811.001(9), Government Code, is amended
  to read as follows:
               (9)  "Law enforcement officer" means a member of the
  retirement system who:
                     (A)  has been commissioned as a law enforcement
  officer by the Department of Public Safety, the Texas Alcoholic
  Beverage Commission, the Parks and Wildlife Department, [or] the
  office of inspector general at the Texas Juvenile Justice
  Department, or the attorney general; and
                     (B)  is recognized as a commissioned law
  enforcement officer by the Texas Commission on Law Enforcement.
         SECTION 2.  Subchapter A, Chapter 811, Government Code, is
  amended by adding Section 811.0011 to read as follows:
         Sec. 811.0011.  LAW ENFORCEMENT OFFICERS COMMISSIONED BY
  ATTORNEY GENERAL. (a) For purposes of this subtitle, a reference
  to a law enforcement officer commissioned by the attorney general
  is a reference to a peace officer employed and commissioned by the
  attorney general under Section 402.009.
         (b)  Notwithstanding Section 811.006, service of a member
  established as a peace officer employed and commissioned by the
  attorney general under Section 402.009 is service creditable as a
  law enforcement officer.
         SECTION 3.  Section 814.104(b), Government Code, is amended
  to read as follows:
         (b)  A member who is at least 55 years old and who has at
  least 10 years of service credit as a commissioned peace officer
  engaged in criminal law enforcement activities of the Department of
  Public Safety, the Texas Alcoholic Beverage Commission, the Parks
  and Wildlife Department, [or] the office of inspector general at
  the Texas Juvenile Justice Department, or the attorney general, or
  as a custodial officer, is eligible to retire and receive a service
  retirement annuity.
         SECTION 4.  Section 815.505, Government Code, is amended to
  read as follows:
         Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
  CUSTODIAL OFFICERS.  Not later than the 12th day of the month
  following the month in which a person begins or ceases employment as
  a law enforcement officer or custodial officer, the Public Safety
  Commission, the Texas Alcoholic Beverage Commission, the Parks and
  Wildlife Commission, the office of inspector general at the Texas
  Juvenile Justice Department, the Board of Pardons and Paroles, the
  attorney general, or the Texas Board of Criminal Justice, as
  applicable, shall certify to the retirement system, in the manner
  prescribed by the system, the name of the employee and such other
  information as the system determines is necessary for the crediting
  of service and financing of benefits under this subtitle.
         SECTION 5.  (a) Subject to Subsection (b), as soon as
  possible after the effective date of this Act, the board of trustees
  of the Employees Retirement System of Texas shall adopt rules
  necessary to implement the changes in law made by this Act.
         (b)  The board of trustees of the Employees Retirement System
  of Texas and the attorney general shall implement the changes in law
  made by this Act only if the legislature appropriates money
  specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the board and the
  attorney general may, but are not required to, implement this Act
  using other appropriations available for the purpose.
         (c)  If the board of trustees of the Employees Retirement
  System of Texas and the attorney general implement this Act, the
  attorney general shall begin making deductions and collecting the
  contributions for the law enforcement and custodial officer
  supplemental retirement fund as provided by Section 815.402(h),
  Government Code, beginning with the first pay period that occurs
  after December 31, 2023.
         SECTION 6.  This Act takes effect September 1, 2023.