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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": |
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(A) means a member of the retirement system who |
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is employed: |
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(i) by the Board of Pardons and Paroles or |
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the Texas Department of Criminal Justice as a parole officer or |
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caseworker; |
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(ii) by the Texas Juvenile Justice |
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Department as a juvenile correctional officer or caseworker; or |
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(iii) [who is employed] by the correctional |
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institutions division of the Texas Department of Criminal Justice |
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and certified by the department as having a normal job assignment |
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that requires frequent or infrequent regularly planned contact |
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with, and [in] close proximity to, inmates or defendants of the |
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correctional institutions division without the protection of bars, |
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doors, security screens, or similar devices and includes |
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assignments normally involving supervision or the potential for |
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supervision of inmates in inmate housing areas, educational or |
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recreational facilities, industrial shops, kitchens, laundries, |
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medical areas, agricultural shops or fields, or in other areas on or |
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away from property of the department; and |
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(B) [. The term] includes a member who transfers |
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from the Texas Department of Criminal Justice to the managed health |
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care unit of The University of Texas Medical Branch or the Texas |
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Tech University Health Sciences Center pursuant to Section 9.01, |
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Chapter 238, Acts of the 73rd Legislature, 1993, elects at the time |
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of transfer to retain membership in the retirement system, and is |
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certified by the managed health care unit or the health sciences |
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center as having a normal job assignment described by Paragraph |
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(A)(iii) [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 813.506, Government Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) To be creditable as custodial officer service under |
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the Texas Juvenile Justice Department, service must be performed as |
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a juvenile correctional officer or caseworker. |
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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 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 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 4. (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, 2027. |
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(d) 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 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 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 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) or 820.101(b), |
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Government Code, as applicable. |
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SECTION 5. This Act takes effect September 1, 2025. |