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A BILL TO BE ENTITLED
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AN ACT
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relating to membership in the Employees Retirement System of Texas |
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by certain service members of the Texas National Guard. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.212(d), Government Code, is amended |
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to read as follows: |
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(d) A service member who is not a state employee when called |
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by proper authority into a state active duty status or state |
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training and other duty status becomes a temporary state employee |
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when in this status and is limited to the benefits specified in this |
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chapter and in Subtitle B, Title 8. A temporary state employee |
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status does not apply to a service member who is a federal civil |
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servant or on active guard reserve status, including a member |
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serving on orders issued under Title 10 or 32, United States Code. |
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SECTION 2. Section 812.003(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), membership in the |
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employee class of the retirement system includes all employees and |
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appointed officers of every department, commission, board, agency, |
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or institution of the state and the temporary state employees |
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described by Section 812.0035, except: |
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(1) independent contractors and their employees |
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performing work for the state; and |
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(2) persons disqualified from membership under |
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Section 812.201. |
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SECTION 3. Subchapter A, Chapter 812, Government Code, is |
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amended by adding Section 812.0035 to read as follows: |
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Sec. 812.0035. MEMBERSHIP IN EMPLOYEE CLASS FOR CERTAIN |
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TEXAS NATIONAL GUARD SERVICE MEMBERS. (a) In this section, |
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"service member," "state active duty," and "Texas National Guard" |
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have the meanings assigned by Section 437.001. |
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(b) A service member of the Texas National Guard who is |
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called by proper authority into state active duty and becomes a |
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temporary state employee under Section 437.212(d) for a period of |
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60 consecutive days or more is eligible for membership in the |
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employee class of the retirement system during the period the |
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service member is a temporary state employee and receives |
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compensation from the state for that employment. |
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(c) The retirement system shall adopt rules to implement |
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this section, including rules for: |
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(1) establishing membership and service credit; |
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(2) collecting contributions in the appropriate |
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amounts and determining collection periods; and |
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(3) computing benefits under this subtitle based on |
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monthly compensation for a person described by Subsection (b). |
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SECTION 4. (a) In this section, "retirement system" means |
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the Employees Retirement System of Texas. |
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(b) Only service occurring on or after the effective date of |
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this Act is creditable in the retirement system for a person |
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described by Section 812.0035(b), Government Code, as added by this |
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Act. |
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(c) If, on the effective date of this Act, a person |
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described by Section 812.0035(b), Government Code, as added by this |
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Act, has continuously served in a position included in the employee |
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class of membership of the retirement system under that section for |
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60 days or more and holds the position on the effective date of this |
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Act, the person is not required to comply with the 60-day waiting |
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period to be eligible under that section for membership in the |
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retirement system. |
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(d) For purposes of Section 820.002, Government Code, the |
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hire date of a person described by Section 812.0035(b), Government |
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Code, as added by this Act, who is not member of the retirement |
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system on the effective date of this Act is considered to be |
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September 1, 2025. |
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SECTION 5. This Act takes effect September 1, 2025. |