1 | 1 | | By: Geren H.B. No. 2471 |
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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 eligibility for law enforcement officer service in the |
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7 | 7 | | Employees Retirement System of Texas by certain peace officers |
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8 | 8 | | commissioned by the comptroller. |
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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 comptroller; 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. Section 814.104(b), Government Code, is amended |
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22 | 22 | | to read as follows: |
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23 | 23 | | (b) A member who is at least 55 years old and who has at |
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24 | 24 | | least 10 years of service credit as a commissioned peace officer |
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25 | 25 | | engaged in criminal law enforcement activities of the Department of |
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26 | 26 | | Public Safety, the Texas Alcoholic Beverage Commission, the Parks |
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27 | 27 | | and Wildlife Department, [or] the office of inspector general at |
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28 | 28 | | the Texas Juvenile Justice Department, or the comptroller, or as a |
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29 | 29 | | custodial officer, is eligible to retire and receive a service |
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30 | 30 | | retirement annuity. |
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31 | 31 | | SECTION 3. Section 815.505, Government Code, is amended to |
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32 | 32 | | read as follows: |
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33 | 33 | | Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
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34 | 34 | | CUSTODIAL OFFICERS. Not later than the 12th day of the month |
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35 | 35 | | following the month in which a person begins or ceases employment as |
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36 | 36 | | a law enforcement officer or custodial officer, the Public Safety |
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37 | 37 | | Commission, the Texas Alcoholic Beverage Commission, the Parks and |
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38 | 38 | | Wildlife Commission, the office of inspector general at the Texas |
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39 | 39 | | Juvenile Justice Department, the Board of Pardons and Paroles, [or] |
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40 | 40 | | the Texas Board of Criminal Justice, or the comptroller, as |
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41 | 41 | | applicable, shall certify to the retirement system, in the manner |
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42 | 42 | | prescribed by the system, the name of the employee and such other |
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43 | 43 | | information as the system determines is necessary for the crediting |
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44 | 44 | | of service and financing of benefits under this subtitle. |
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45 | 45 | | SECTION 4. (a) The changes in law made to Subtitle B, Title |
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46 | 46 | | 8, Government Code, by this Act apply to a member of the Employees |
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47 | 47 | | Retirement System of Texas who is employed as a commissioned peace |
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48 | 48 | | officer by the comptroller on or after the effective date of this |
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49 | 49 | | Act regardless of whether the member was hired by the comptroller |
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50 | 50 | | before, on, or after the effective date of this Act. |
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51 | 51 | | (b) Service credit established by a member described by |
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52 | 52 | | Subsection (a) of this section that was earned by the member in the |
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53 | 53 | | position of a commissioned peace officer before the effective date |
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54 | 54 | | of this Act is considered service credit established as a law |
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55 | 55 | | enforcement officer for purposes of determining the benefits |
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56 | 56 | | payable from the law enforcement and custodial officer supplemental |
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57 | 57 | | retirement fund. |
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58 | 58 | | (c) As soon as practicable after the effective date of this |
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59 | 59 | | Act, the board of trustees of the Employees Retirement System of |
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60 | 60 | | Texas, in consultation with the comptroller, may adopt rules |
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61 | 61 | | necessary to implement the changes in law made by this Act. |
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62 | 62 | | (d) The comptroller shall: |
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63 | 63 | | (1) as soon as practicable after the effective date of |
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64 | 64 | | this Act, certify to the Employees Retirement System of Texas, in |
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65 | 65 | | the form and manner prescribed by the board of trustees of the |
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66 | 66 | | retirement system: |
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67 | 67 | | (A) the name of each member who is employed as a |
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68 | 68 | | commissioned peace officer by the comptroller on the effective date |
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69 | 69 | | of this Act; |
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70 | 70 | | (B) the amount of service credit established by |
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71 | 71 | | the member as a commissioned peace officer before the effective |
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72 | 72 | | date of this Act; and |
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73 | 73 | | (C) any other information the retirement system |
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74 | 74 | | determines is necessary to credit law enforcement officer service |
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75 | 75 | | in accordance with the changes in law made by this Act; and |
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76 | 76 | | (2) beginning with the first pay period that occurs |
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77 | 77 | | after the effective date of this Act and with respect to each member |
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78 | 78 | | employed by the comptroller as a commissioned peace officer, begin |
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79 | 79 | | making deductions and collecting contributions for the law |
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80 | 80 | | enforcement and custodial officer supplemental retirement fund as |
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81 | 81 | | prescribed by Section 815.402(h), Government Code. |
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82 | 82 | | SECTION 5. This Act takes effect September 1, 2023, but only |
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83 | 83 | | if funds are appropriated for the purpose of providing benefits |
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84 | 84 | | under this Act. If funds are not appropriated for that purpose, |
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85 | 85 | | this Act does not take effect. |
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