By: Geren H.B. No. 2406
A BILL TO BE ENTITLED
AN ACT
relating to service retirement benefits payable by the Employees
Retirement System of Texas to commissioned peace officers employed
by the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 Juvenile Justice
Department, or the attorney general; and
(B) is recognized as a commissioned law
enforcement officer by the Texas Commission on Law Enforcement.
SECTION 2. Subchapter A, Chapter 811, Government Code, is
amended by adding Section 811.0011 to read as follows:
Sec. 811.0011. LAW ENFORCEMENT OFFICERS COMMISSIONED BY
ATTORNEY GENERAL. (a) For purposes of this subtitle, a reference
to a law enforcement officer commissioned by the attorney general
is a reference to a peace officer employed and commissioned by the
attorney general under Section 402.009.
(b) Notwithstanding Section 811.006, service of a member
established as a peace officer employed and commissioned by the
attorney general under Section 402.009 is service creditable as a
law enforcement officer.
SECTION 3. 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 Juvenile Justice Department, or the attorney general, or
as a custodial officer, is eligible to retire and receive a service
retirement annuity.
SECTION 4. 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
Juvenile Justice Department, 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 5. (a) Subject to Subsection (b), as soon as
possible after the effective date of this Act, the board of trustees
of the Employees Retirement System of Texas shall adopt rules
necessary to implement the changes in law made by this Act.
(b) The board of trustees of the Employees Retirement System
of Texas and the attorney general shall implement the changes in law
made by this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the board and the
attorney general may, but are not required to, implement this Act
using other appropriations available for the purpose.
(c) If the board of trustees of the Employees Retirement
System of Texas and the attorney general implement this Act, 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, 2023.
SECTION 6. This Act takes effect September 1, 2023.