Texas 2013 83rd Regular

Texas House Bill HB2253 Introduced / Bill

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                    83R8703 TJS-F
 By: Geren H.B. No. 2253


 A BILL TO BE ENTITLED
 AN ACT
 relating to compensation and benefits for commissioned peace
 officers employed by the attorney general.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 402.009, Government Code, is amended to
 read as follows:
 Sec. 402.009.  AUTHORITY TO EMPLOY AND COMMISSION PEACE
 OFFICERS. (a) The attorney general may employ and commission peace
 officers as investigators for the limited purpose of assisting the
 attorney general in carrying out the duties of that office relating
 to prosecution assistance and crime prevention.
 (b)  The attorney general shall ensure that an investigator
 employed as authorized under Subsection (a) is compensated
 according to Schedule C of the position classification salary
 schedule prescribed by the General Appropriations Act.
 SECTION 2.  Section 659.301(5), Government Code, is amended
 to read as follows:
 (5)  "State employee" means an individual who:
 (A)  is a commissioned law enforcement officer of
 the Department of Public Safety, the Texas Facilities Commission,
 the Texas Alcoholic Beverage Commission, [or] the Texas Department
 of Criminal Justice, or the attorney general;
 (B)  is a commissioned security officer of the
 comptroller;
 (C)  is a law enforcement officer commissioned by
 the Parks and Wildlife Commission;
 (D)  is a commissioned peace officer of an
 institution of higher education;
 (E)  is an employee or official of the Board of
 Pardons and Paroles or the parole division of the Texas Department
 of Criminal Justice if the employee or official has routine direct
 contact with inmates of any penal or correctional institution or
 with administratively released prisoners subject to the board's
 jurisdiction;
 (F)  has been certified to the Employees
 Retirement System of Texas under Section 815.505 as having begun
 employment as a law enforcement officer or custodial officer,
 unless the individual has been certified to the system as having
 ceased employment as a law enforcement officer or custodial
 officer; or
 (G)  before May 29, 1987, received hazardous duty
 pay based on the terms of any state law if the individual holds a
 position designated under that law as eligible for the pay.
 SECTION 3.  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 Youth Commission, or the
 attorney general; and
 (B)  is recognized as a commissioned law
 enforcement officer by the Commission on Law Enforcement Officer
 Standards and Education.
 SECTION 4.  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 Youth Commission, or the attorney general, or as a
 custodial officer, is eligible to retire and receive a service
 retirement annuity.
 SECTION 5.  Section 814.1075(b), Government Code, is amended
 to read as follows:
 (b)  A member who has at least 20 years of service credit as a
 law enforcement or custodial officer, including any law enforcement
 officer as defined by Section 811.001(9), is eligible to retire
 regardless of age and receive a standard service retirement annuity
 as provided by this section.
 SECTION 6.  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
 Youth Commission, 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 7.  (a) 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, 2013.
 (b)  The board of trustees of the Employees Retirement System
 of Texas shall adopt rules as soon as possible after the effective
 date of this Act to implement Section 814.1075, Government Code, as
 amended by this Act.
 SECTION 8.  This Act takes effect September 1, 2013.