By: Capriglione H.B. No. 651
A BILL TO BE ENTITLED
AN ACT
relating to the number of hours certain employees must work to be
eligible to participate in the Texas Municipal Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 851.001(8), Government Code, is amended
to read as follows:
(8) "Employee" means a person, including a person
serving a period of probationary employment, who receives
compensation from and is certified by a municipality as being
regularly engaged in the performance of duties of:
(A) an appointive office or position that
normally requires services from the person for not less than 1,000
hours a year or the number of hours required by an ordinance adopted
under Section 851.0011; or
(B) an elective office that normally requires
services from the person for not less than 1,000 hours a year, in a
municipality that began participating in the retirement system
after December 31, 1981, or that has adopted a membership
requirement under Section 852.107.
SECTION 2. Subchapter A, Chapter 851, Government Code, is
amended by adding Section 851.0011 to read as follows:
Sec. 851.0011. OPTIONAL ALTERNATIVE DEFINITION OF EMPLOYEE. (a) The
governing body of a participating municipality by ordinance may
adopt an alternative definition of "employee" for purposes of this
subtitle that increases the number of hours a person in an
appointive office or position is normally required to serve under
Section 851.001(8)(A) from not less than 1,000 hours a year to not
less than 1,500 hours a year.
(b) An ordinance under this section:
(1) must designate the effective date of the
ordinance; and
(2) applies only to an employee of a participating
municipality who is hired on or after the effective date of the
ordinance.
(c) The participating municipality must provide notice and
a copy of the ordinance to the retirement system at least 30 days
before the effective date of the ordinance. Failure to do so pushes
back the effective date of the ordinance until the 30 day notice
requirement is fulfilled.
SECTION 3. This Act takes effect September 1, 2013.