81R4815 TJS-F
By: Watson S.B. No. 1063
A BILL TO BE ENTITLED
AN ACT
relating to the powers of certain hospital districts and to the
retirement benefits of employees of the districts and related
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 803.203, Government Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsection (h) to
read as follows:
(a) Except as provided by Subsection (g), a person who is a
member of a retirement system participating in the program provided
by this chapter may reestablish service credit, including prior
service credit if applicable, previously canceled in another
retirement system that is participating in the program provided by
this chapter if the person:
(1) is not a current member of the system under which
the service was performed; [or]
(2) in the case of the Texas County and District
Retirement System, does not have an open account with the
subdivision for which the person performed the service for which
the credit is sought; or
(3) in the case of an employee to whom Section 803.204
applies, does not have an open account with the employing hospital
district, charitable organization, or administrative agency, as
applicable, for which the person performed the service for which
the credit is sought.
(c) Except as provided by Subsection (f), the retirement
system in which the service credit was originally credited shall
grant the service credit after receiving an application and a
certification required by Subsection (b) and:
(1) to reestablish service credit other than in the
Texas County and District Retirement System, [or] the Texas
Municipal Retirement System, or the retirement system in which a
hospital district, charitable organization, or administrative
agency described by Section 803.204 participates, a contribution in
the amount generally required to reestablish service credit in the
system, including any applicable interest and membership fees;
(2) to reestablish service credit in the Texas County
and District Retirement System, [or] the Texas Municipal Retirement
System, or the retirement system in which a hospital district,
charitable organization, or administrative agency described by
Section 803.204 participates, a statement that the applicant does
not wish to make a contribution for the service credit; or
(3) at the applicant's option, to reestablish current
service credit in the Texas County and District Retirement System,
the actuarial present value of the additional standard service
benefits that would be attributable to the credit based on rates and
tables recommended by the actuary and adopted by the board of
trustees of the system.
(e) Service credit [reestablished] in the Texas County and
District Retirement System, [or] the Texas Municipal Retirement
System, or the retirement system in which a hospital district,
charitable organization, or administrative agency described by
Section 803.204 participates that is reestablished under
Subsection (c)(2) may be used only to meet eligibility requirements
for benefits. Service credit reestablished in the Texas County and
District Retirement System or the Texas Municipal Retirement System
[either system] under Subsection (c)(3) or (d) has the same value as
service credit performed for the particular subdivision or
municipality at the time of deposit. The credit is creditable to
the member's and employer's accounts in each subdivision or
municipality for which the service was performed.
(h) This section applies to an employee described by Section
803.204 on the date the federal government establishes as the
effective date of the transfer of federally qualified health center
status from a municipality described by Section 803.0021(1) to a
hospital district, charitable organization, or administrative
agency described by Section 803.204.
SECTION 2. Section 803.204, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) For purposes of this section, a charitable organization
created by a hospital district or an administrative agency created
under Section 791.013 is an agency or instrumentality of a
governmental unit.
SECTION 3. Section 61.056, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A hospital district created in a county with a
population of more than 800,000 that was not included in the
boundaries of a hospital district before September 1, 2003, may
provide health care services for eligible residents through the
purchase of health coverage or other health benefits, including
benefits described by Chapter 75. For purposes of this subsection,
the board of managers of the district has the powers and duties
provided to the commissioners court of a county under Chapter 75.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.