| 1 | 1 | | 86R9909 TSR-F |
|---|
| 2 | 2 | | By: Hinojosa S.B. No. 1864 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to service retirement benefits payable by the Employees |
|---|
| 8 | 8 | | Retirement System of Texas to commissioned peace officers employed |
|---|
| 9 | 9 | | by the attorney general. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 811.001(9), Government Code, is amended |
|---|
| 12 | 12 | | to read as follows: |
|---|
| 13 | 13 | | (9) "Law enforcement officer" means a member of the |
|---|
| 14 | 14 | | retirement system who: |
|---|
| 15 | 15 | | (A) has been commissioned as a law enforcement |
|---|
| 16 | 16 | | officer by the Department of Public Safety, the Texas Alcoholic |
|---|
| 17 | 17 | | Beverage Commission, the Parks and Wildlife Department, [or] the |
|---|
| 18 | 18 | | office of inspector general at the Texas Juvenile Justice |
|---|
| 19 | 19 | | Department, or the attorney general; and |
|---|
| 20 | 20 | | (B) is recognized as a commissioned law |
|---|
| 21 | 21 | | enforcement officer by the Texas Commission on Law Enforcement. |
|---|
| 22 | 22 | | SECTION 2. Subchapter A, Chapter 811, Government Code, is |
|---|
| 23 | 23 | | amended by adding Section 811.0011 to read as follows: |
|---|
| 24 | 24 | | Sec. 811.0011. LAW ENFORCEMENT OFFICERS COMMISSIONED BY |
|---|
| 25 | 25 | | ATTORNEY GENERAL. (a) For purposes of this subtitle, a reference |
|---|
| 26 | 26 | | to a law enforcement officer commissioned by the attorney general |
|---|
| 27 | 27 | | is a reference to a peace officer employed and commissioned by the |
|---|
| 28 | 28 | | attorney general under Section 402.009. |
|---|
| 29 | 29 | | (b) Notwithstanding Section 811.006, service of a member |
|---|
| 30 | 30 | | established as a peace officer employed and commissioned by the |
|---|
| 31 | 31 | | attorney general under Section 402.009 is service creditable as a |
|---|
| 32 | 32 | | law enforcement officer. |
|---|
| 33 | 33 | | SECTION 3. Section 814.104(b), Government Code, is amended |
|---|
| 34 | 34 | | to read as follows: |
|---|
| 35 | 35 | | (b) A member who is at least 55 years old and who has at |
|---|
| 36 | 36 | | least 10 years of service credit as a commissioned peace officer |
|---|
| 37 | 37 | | engaged in criminal law enforcement activities of the Department of |
|---|
| 38 | 38 | | Public Safety, the Texas Alcoholic Beverage Commission, the Parks |
|---|
| 39 | 39 | | and Wildlife Department, [or] the office of inspector general at |
|---|
| 40 | 40 | | the Texas Juvenile Justice Department, or the attorney general, or |
|---|
| 41 | 41 | | as a custodial officer, is eligible to retire and receive a service |
|---|
| 42 | 42 | | retirement annuity. |
|---|
| 43 | 43 | | SECTION 4. Section 815.505, Government Code, is amended to |
|---|
| 44 | 44 | | read as follows: |
|---|
| 45 | 45 | | Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
|---|
| 46 | 46 | | CUSTODIAL OFFICERS. Not later than the 12th day of the month |
|---|
| 47 | 47 | | following the month in which a person begins or ceases employment as |
|---|
| 48 | 48 | | a law enforcement officer or custodial officer, the Public Safety |
|---|
| 49 | 49 | | Commission, the Texas Alcoholic Beverage Commission, the Parks and |
|---|
| 50 | 50 | | Wildlife Commission, the office of inspector general at the Texas |
|---|
| 51 | 51 | | Juvenile Justice Department, the Board of Pardons and Paroles, the |
|---|
| 52 | 52 | | attorney general, or the Texas Board of Criminal Justice, as |
|---|
| 53 | 53 | | applicable, shall certify to the retirement system, in the manner |
|---|
| 54 | 54 | | prescribed by the system, the name of the employee and such other |
|---|
| 55 | 55 | | information as the system determines is necessary for the crediting |
|---|
| 56 | 56 | | of service and financing of benefits under this subtitle. |
|---|
| 57 | 57 | | SECTION 5. (a) Subject to Subsection (b), as soon as |
|---|
| 58 | 58 | | possible after the effective date of this Act, the board of trustees |
|---|
| 59 | 59 | | of the Employees Retirement System of Texas shall adopt rules |
|---|
| 60 | 60 | | necessary to implement the changes in law made by this Act. |
|---|
| 61 | 61 | | (b) The board of trustees of the Employees Retirement System |
|---|
| 62 | 62 | | of Texas and the attorney general shall implement the changes in law |
|---|
| 63 | 63 | | made by this Act only if the legislature appropriates money |
|---|
| 64 | 64 | | specifically for that purpose. If the legislature does not |
|---|
| 65 | 65 | | appropriate money specifically for that purpose, the board and the |
|---|
| 66 | 66 | | attorney general may, but are not required to, implement this Act |
|---|
| 67 | 67 | | using other appropriations available for the purpose. |
|---|
| 68 | 68 | | (c) If the board of trustees of the Employees Retirement |
|---|
| 69 | 69 | | System of Texas and the attorney general implement this Act, the |
|---|
| 70 | 70 | | attorney general shall begin making deductions and collecting the |
|---|
| 71 | 71 | | contributions for the law enforcement and custodial officer |
|---|
| 72 | 72 | | supplemental retirement fund as provided by Section 815.402(h), |
|---|
| 73 | 73 | | Government Code, beginning with the first pay period that occurs |
|---|
| 74 | 74 | | after December 31, 2019. |
|---|
| 75 | 75 | | SECTION 6. This Act takes effect September 1, 2019. |
|---|