| 1 | 1 | | 83R16687 KFF-D |
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| 2 | 2 | | By: Harper-Brown, Capriglione H.B. No. 626 |
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| 3 | 3 | | Substitute the following for H.B. No. 626: |
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| 4 | 4 | | By: Callegari C.S.H.B. No. 626 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the number of hours certain employees must work to be |
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| 10 | 10 | | eligible to participate in the Texas Municipal Retirement System. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 851.001(8), Government Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (8) "Employee" means a person, including a person |
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| 15 | 15 | | serving a period of probationary employment, who receives |
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| 16 | 16 | | compensation from and is certified by a municipality as being |
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| 17 | 17 | | regularly engaged in the performance of duties of: |
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| 18 | 18 | | (A) an appointive office or position that |
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| 19 | 19 | | normally requires services from the person for not less than 1,000 |
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| 20 | 20 | | hours a year or the number of hours required by an ordinance adopted |
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| 21 | 21 | | under Section 851.0011; or |
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| 22 | 22 | | (B) an elective office that normally requires |
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| 23 | 23 | | services from the person for not less than 1,000 hours a year, in a |
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| 24 | 24 | | municipality that began participating in the retirement system |
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| 25 | 25 | | after December 31, 1981, or that has adopted a membership |
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| 26 | 26 | | requirement under Section 852.107. |
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| 27 | 27 | | SECTION 2. Subchapter A, Chapter 851, Government Code, is |
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| 28 | 28 | | amended by adding Section 851.0011 to read as follows: |
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| 29 | 29 | | Sec. 851.0011. OPTIONAL ALTERNATIVE DEFINITION OF |
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| 30 | 30 | | EMPLOYEE. (a) The governing body of a participating municipality |
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| 31 | 31 | | by ordinance may adopt an alternative definition of "employee" for |
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| 32 | 32 | | purposes of this subtitle that increases the number of hours a |
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| 33 | 33 | | person in an appointive office or position, other than a person |
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| 34 | 34 | | employed by the municipality as a law enforcement officer or |
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| 35 | 35 | | firefighter, is normally required to serve under Section |
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| 36 | 36 | | 851.001(8)(A) from not less than 1,000 hours a year to not less than |
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| 37 | 37 | | 1,500 hours a year. |
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| 38 | 38 | | (b) An ordinance under this section: |
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| 39 | 39 | | (1) subject to Subsection (c), must designate an |
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| 40 | 40 | | effective date of the ordinance; and |
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| 41 | 41 | | (2) may apply only to an employee of the participating |
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| 42 | 42 | | municipality who is hired on or after the effective date of the |
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| 43 | 43 | | ordinance. |
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| 44 | 44 | | (c) The earliest permissible effective date of an ordinance |
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| 45 | 45 | | under this section is the first day of the next month following the |
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| 46 | 46 | | first full calendar month following the date the participating |
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| 47 | 47 | | municipality provides notice and a copy of the ordinance to the |
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| 48 | 48 | | retirement system. |
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| 49 | 49 | | (d) The board of trustees may adopt rules limiting the |
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| 50 | 50 | | frequency with which participating municipalities may adopt |
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| 51 | 51 | | alternative definitions of "employee" through: |
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| 52 | 52 | | (1) adoption of an ordinance under Subsection (a); or |
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| 53 | 53 | | (2) modification or repeal of an ordinance adopted |
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| 54 | 54 | | under Subsection (a). |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2013. |
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