Texas 2023 - 88th Regular

Texas House Bill HB2471 Compare Versions

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11 By: Geren H.B. No. 2471
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to eligibility for law enforcement officer service in the
77 Employees Retirement System of Texas by certain peace officers
88 commissioned by the comptroller.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 811.001(9), Government Code, is amended
1111 to read as follows:
1212 (9) "Law enforcement officer" means a member of the
1313 retirement system who:
1414 (A) has been commissioned as a law enforcement
1515 officer by the Department of Public Safety, the Texas Alcoholic
1616 Beverage Commission, the Parks and Wildlife Department, [or] the
1717 office of inspector general at the Texas Juvenile Justice
1818 Department, or the comptroller; and
1919 (B) is recognized as a commissioned law
2020 enforcement officer by the Texas Commission on Law Enforcement.
2121 SECTION 2. Section 814.104(b), Government Code, is amended
2222 to read as follows:
2323 (b) A member who is at least 55 years old and who has at
2424 least 10 years of service credit as a commissioned peace officer
2525 engaged in criminal law enforcement activities of the Department of
2626 Public Safety, the Texas Alcoholic Beverage Commission, the Parks
2727 and Wildlife Department, [or] the office of inspector general at
2828 the Texas Juvenile Justice Department, or the comptroller, or as a
2929 custodial officer, is eligible to retire and receive a service
3030 retirement annuity.
3131 SECTION 3. Section 815.505, Government Code, is amended to
3232 read as follows:
3333 Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
3434 CUSTODIAL OFFICERS. Not later than the 12th day of the month
3535 following the month in which a person begins or ceases employment as
3636 a law enforcement officer or custodial officer, the Public Safety
3737 Commission, the Texas Alcoholic Beverage Commission, the Parks and
3838 Wildlife Commission, the office of inspector general at the Texas
3939 Juvenile Justice Department, the Board of Pardons and Paroles, [or]
4040 the Texas Board of Criminal Justice, or the comptroller, as
4141 applicable, shall certify to the retirement system, in the manner
4242 prescribed by the system, the name of the employee and such other
4343 information as the system determines is necessary for the crediting
4444 of service and financing of benefits under this subtitle.
4545 SECTION 4. (a) The changes in law made to Subtitle B, Title
4646 8, Government Code, by this Act apply to a member of the Employees
4747 Retirement System of Texas who is employed as a commissioned peace
4848 officer by the comptroller on or after the effective date of this
4949 Act regardless of whether the member was hired by the comptroller
5050 before, on, or after the effective date of this Act.
5151 (b) Service credit established by a member described by
5252 Subsection (a) of this section that was earned by the member in the
5353 position of a commissioned peace officer before the effective date
5454 of this Act is considered service credit established as a law
5555 enforcement officer for purposes of determining the benefits
5656 payable from the law enforcement and custodial officer supplemental
5757 retirement fund.
5858 (c) As soon as practicable after the effective date of this
5959 Act, the board of trustees of the Employees Retirement System of
6060 Texas, in consultation with the comptroller, may adopt rules
6161 necessary to implement the changes in law made by this Act.
6262 (d) The comptroller shall:
6363 (1) as soon as practicable after the effective date of
6464 this Act, certify to the Employees Retirement System of Texas, in
6565 the form and manner prescribed by the board of trustees of the
6666 retirement system:
6767 (A) the name of each member who is employed as a
6868 commissioned peace officer by the comptroller on the effective date
6969 of this Act;
7070 (B) the amount of service credit established by
7171 the member as a commissioned peace officer before the effective
7272 date of this Act; and
7373 (C) any other information the retirement system
7474 determines is necessary to credit law enforcement officer service
7575 in accordance with the changes in law made by this Act; and
7676 (2) beginning with the first pay period that occurs
7777 after the effective date of this Act and with respect to each member
7878 employed by the comptroller as a commissioned peace officer, begin
7979 making deductions and collecting contributions for the law
8080 enforcement and custodial officer supplemental retirement fund as
8181 prescribed by Section 815.402(h), Government Code.
8282 SECTION 5. This Act takes effect September 1, 2023, but only
8383 if funds are appropriated for the purpose of providing benefits
8484 under this Act. If funds are not appropriated for that purpose,
8585 this Act does not take effect.