| 1 | 1 | | By: Geren H.B. No. 2406 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to service retirement benefits payable by the Employees |
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| 7 | 7 | | Retirement System of Texas to commissioned peace officers employed |
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| 8 | 8 | | by the attorney general. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 811.001(9), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (9) "Law enforcement officer" means a member of the |
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| 13 | 13 | | retirement system who: |
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| 14 | 14 | | (A) has been commissioned as a law enforcement |
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| 15 | 15 | | officer by the Department of Public Safety, the Texas Alcoholic |
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| 16 | 16 | | Beverage Commission, the Parks and Wildlife Department, [or] the |
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| 17 | 17 | | office of inspector general at the Texas Juvenile Justice |
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| 18 | 18 | | Department, or the attorney general; and |
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| 19 | 19 | | (B) is recognized as a commissioned law |
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| 20 | 20 | | enforcement officer by the Texas Commission on Law Enforcement. |
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| 21 | 21 | | SECTION 2. Subchapter A, Chapter 811, Government Code, is |
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| 22 | 22 | | amended by adding Section 811.0011 to read as follows: |
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| 23 | 23 | | Sec. 811.0011. LAW ENFORCEMENT OFFICERS COMMISSIONED BY |
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| 24 | 24 | | ATTORNEY GENERAL. (a) For purposes of this subtitle, a reference |
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| 25 | 25 | | to a law enforcement officer commissioned by the attorney general |
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| 26 | 26 | | is a reference to a peace officer employed and commissioned by the |
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| 27 | 27 | | attorney general under Section 402.009. |
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| 28 | 28 | | (b) Notwithstanding Section 811.006, service of a member |
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| 29 | 29 | | established as a peace officer employed and commissioned by the |
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| 30 | 30 | | attorney general under Section 402.009 is service creditable as a |
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| 31 | 31 | | law enforcement officer. |
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| 32 | 32 | | SECTION 3. Section 814.104(b), Government Code, is amended |
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| 33 | 33 | | to read as follows: |
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| 34 | 34 | | (b) A member who is at least 55 years old and who has at |
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| 35 | 35 | | least 10 years of service credit as a commissioned peace officer |
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| 36 | 36 | | engaged in criminal law enforcement activities of the Department of |
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| 37 | 37 | | Public Safety, the Texas Alcoholic Beverage Commission, the Parks |
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| 38 | 38 | | and Wildlife Department, [or] the office of inspector general at |
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| 39 | 39 | | the Texas Juvenile Justice Department, or the attorney general, or |
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| 40 | 40 | | as a custodial officer, is eligible to retire and receive a service |
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| 41 | 41 | | retirement annuity. |
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| 42 | 42 | | SECTION 4. Section 815.505, Government Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
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| 45 | 45 | | CUSTODIAL OFFICERS. Not later than the 12th day of the month |
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| 46 | 46 | | following the month in which a person begins or ceases employment as |
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| 47 | 47 | | a law enforcement officer or custodial officer, the Public Safety |
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| 48 | 48 | | Commission, the Texas Alcoholic Beverage Commission, the Parks and |
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| 49 | 49 | | Wildlife Commission, the office of inspector general at the Texas |
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| 50 | 50 | | Juvenile Justice Department, the Board of Pardons and Paroles, the |
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| 51 | 51 | | attorney general, or the Texas Board of Criminal Justice, as |
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| 52 | 52 | | applicable, shall certify to the retirement system, in the manner |
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| 53 | 53 | | prescribed by the system, the name of the employee and such other |
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| 54 | 54 | | information as the system determines is necessary for the crediting |
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| 55 | 55 | | of service and financing of benefits under this subtitle. |
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| 56 | 56 | | SECTION 5. (a) Subject to Subsection (b), as soon as |
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| 57 | 57 | | possible after the effective date of this Act, the board of trustees |
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| 58 | 58 | | of the Employees Retirement System of Texas shall adopt rules |
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| 59 | 59 | | necessary to implement the changes in law made by this Act. |
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| 60 | 60 | | (b) The board of trustees of the Employees Retirement System |
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| 61 | 61 | | of Texas and the attorney general shall implement the changes in law |
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| 62 | 62 | | made by this Act only if the legislature appropriates money |
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| 63 | 63 | | specifically for that purpose. If the legislature does not |
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| 64 | 64 | | appropriate money specifically for that purpose, the board and the |
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| 65 | 65 | | attorney general may, but are not required to, implement this Act |
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| 66 | 66 | | using other appropriations available for the purpose. |
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| 67 | 67 | | (c) If the board of trustees of the Employees Retirement |
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| 68 | 68 | | System of Texas and the attorney general implement this Act, the |
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| 69 | 69 | | attorney general shall begin making deductions and collecting the |
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| 70 | 70 | | contributions for the law enforcement and custodial officer |
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| 71 | 71 | | supplemental retirement fund as provided by Section 815.402(h), |
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| 72 | 72 | | Government Code, beginning with the first pay period that occurs |
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| 73 | 73 | | after December 31, 2023. |
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| 74 | 74 | | SECTION 6. This Act takes effect September 1, 2023. |
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