By: Geren H.B. No. 2471
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for law enforcement officer service in the
Employees Retirement System of Texas by certain peace officers
commissioned by the comptroller.
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 comptroller; and
(B) is recognized as a commissioned law
enforcement officer by the Texas Commission on Law Enforcement.
SECTION 2. 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 comptroller, or as a
custodial officer, is eligible to retire and receive a service
retirement annuity.
SECTION 3. 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, [or]
the Texas Board of Criminal Justice, or the comptroller, 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 4. (a) The changes in law made to Subtitle B, Title
8, Government Code, by this Act apply to a member of the Employees
Retirement System of Texas who is employed as a commissioned peace
officer by the comptroller on or after the effective date of this
Act regardless of whether the member was hired by the comptroller
before, on, or after the effective date of this Act.
(b) Service credit established by a member described by
Subsection (a) of this section that was earned by the member in the
position of a commissioned peace officer before the effective date
of this Act is considered service credit established as a law
enforcement officer for purposes of determining the benefits
payable from the law enforcement and custodial officer supplemental
retirement fund.
(c) As soon as practicable after the effective date of this
Act, the board of trustees of the Employees Retirement System of
Texas, in consultation with the comptroller, may adopt rules
necessary to implement the changes in law made by this Act.
(d) The comptroller shall:
(1) as soon as practicable after the effective date of
this Act, certify to the Employees Retirement System of Texas, in
the form and manner prescribed by the board of trustees of the
retirement system:
(A) the name of each member who is employed as a
commissioned peace officer by the comptroller on the effective date
of this Act;
(B) the amount of service credit established by
the member as a commissioned peace officer before the effective
date of this Act; and
(C) any other information the retirement system
determines is necessary to credit law enforcement officer service
in accordance with the changes in law made by this Act; and
(2) beginning with the first pay period that occurs
after the effective date of this Act and with respect to each member
employed by the comptroller as a commissioned peace officer, begin
making deductions and collecting contributions for the law
enforcement and custodial officer supplemental retirement fund as
prescribed by Section 815.402(h), Government Code.
SECTION 5. This Act takes effect September 1, 2023, but only
if funds are appropriated for the purpose of providing benefits
under this Act. If funds are not appropriated for that purpose,
this Act does not take effect.