Texas 2023 - 88th Regular

Texas House Bill HB2887 Compare Versions

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Version 2 (New)

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1	1	88R9394 BDP-D
2	2	By: A. Johnson of Harris H.B. No. 2887
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eligibility for custodial officer service in the
8	8	Employees Retirement System of Texas by certain juvenile
9	9	correctional officers and caseworkers employed by the Texas
10	10	Juvenile Justice Department.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 811.001, Government Code, is amended by
13	13	amending Subdivision (8) and adding Subdivision (8-b) to read as
14	14	follows:
15	15	(8) "Custodial officer" means a member of the
16	16	retirement system who is employed by the Board of Pardons and
17	17	Paroles or the Texas Department of Criminal Justice as a parole
18	18	officer or caseworker, who is employed by the Texas Juvenile
19	19	Justice Department as a juvenile correctional officer or
20	20	caseworker, or who is employed by the correctional institutions
21	21	division of the Texas Department of Criminal Justice and certified
22	22	by the department as having a normal job assignment that requires
23	23	frequent or infrequent regularly planned contact with, and in close
24	24	proximity to, inmates or defendants of the correctional
25	25	institutions division without the protection of bars, doors,
26	26	security screens, or similar devices and includes assignments
27	27	normally involving supervision or the potential for supervision of
28	28	inmates in inmate housing areas, educational or recreational
29	29	facilities, industrial shops, kitchens, laundries, medical areas,
30	30	agricultural shops or fields, or in other areas on or away from
31	31	property of the department. The term includes a member who
32	32	transfers from the Texas Department of Criminal Justice to the
33	33	managed health care unit of The University of Texas Medical Branch
34	34	or the Texas Tech University Health Sciences Center pursuant to
35	35	Section 9.01, Chapter 238, Acts of the 73rd Legislature, 1993,
36	36	elects at the time of transfer to retain membership in the
37	37	retirement system, and is certified by the managed health care unit
38	38	or the health sciences center as having a normal job assignment
39	39	described by this subdivision.
40	40	(8-b) "Juvenile correctional officer" has the meaning
41	41	assigned by Section 242.009, Human Resources Code.
42	42	SECTION 2. Section 813.0015, Government Code, is amended to
43	43	read as follows:
44	44	Sec. 813.0015. PROVISIONS APPLICABLE TO CASH BALANCE GROUP
45	45	MEMBERS. The following provisions of this chapter do not apply to a
46	46	cash balance group member:
47	47	(1) Sections 813.102, 813.104, 813.106, 813.202,
48	48	813.402, 813.403, 813.404, 813.502, 813.504, 813.505, [813.506,]
49	49	813.509, 813.511, 813.513, and 813.514; and
50	50	(2) Subchapter D.
51	51	SECTION 3. Sections 813.506(b) and (c), Government Code,
52	52	are amended to read as follows:
53	53	(b) To be creditable as custodial officer service, service
54	54	performed must be performed as a parole officer, [or] caseworker,
55	55	or juvenile correctional officer or must meet the requirements of
56	56	the rules adopted under Subsection (a) and be performed by persons
57	57	in one of the following job categories:
58	58	(1) all persons classified as Correctional Officer I
59	59	through warden, including training officers and special operations
60	60	reaction team officers;
61	61	(2) all other employees assigned to work on a unit and
62	62	whose jobs require routine contact with inmates or defendants,
63	63	including but not limited to farm managers, livestock supervisors,
64	64	maintenance foremen, shop foremen, medical assistants, food
65	65	service supervisors, stewards, education consultants, commodity
66	66	specialists, and correctional counselors;
67	67	(3) employees assigned to administrative offices
68	68	whose jobs require routine contact with inmates or defendants at
69	69	least 50 percent of the time, including but not limited to
70	70	investigators, compliance monitors, accountants routinely required
71	71	to audit unit operations, sociologists, interviewers,
72	72	classification officers, and supervising counselors; and
73	73	(4) administrative positions whose jobs require
74	74	response to emergency situations involving inmates or defendants,
75	75	including but except as specified not limited to the director,
76	76	deputy directors, assistant directors, and not more than 25
77	77	administrative duty officers.
78	78	(c) The Texas Department of Criminal Justice, the managed
79	79	health care unit of The University of Texas Medical Branch or the
80	80	Texas Tech University Health Sciences Center, the Texas Juvenile
81	81	Justice Department, or the Board of Pardons and Paroles, as
82	82	applicable, shall determine a person's eligibility to receive
83	83	credit as a custodial officer. A determination under this
84	84	subsection [of the department, unit, or board] may not be appealed
85	85	by an employee but is subject to change by the retirement system.
86	86	SECTION 4. Section 815.505, Government Code, is amended to
87	87	read as follows:
88	88	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
89	89	CUSTODIAL OFFICERS. Not later than the 12th day of the month
90	90	following the month in which a person begins or ceases employment as
91	91	a law enforcement officer or custodial officer, the Public Safety
92	92	Commission, the Texas Alcoholic Beverage Commission, the Parks and
93	93	Wildlife Commission, the office of inspector general at the Texas
94	94	Juvenile Justice Department, the Texas Juvenile Justice
95	95	Department, the Board of Pardons and Paroles, or the Texas Board of
96	96	Criminal Justice, as applicable, shall certify to the retirement
97	97	system, in the manner prescribed by the system, the name of the
98	98	employee and such other information as the system determines is
99	99	necessary for the crediting of service and financing of benefits
100	100	under this subtitle.
101	101	SECTION 5. (a) The changes in law made by this Act apply:
102	102	(1) to a member of the Employees Retirement System of
103	103	Texas who is employed by the Texas Juvenile Justice Department as a
104	104	juvenile correctional officer or caseworker on or after the
105	105	effective date of this Act regardless of whether the member was
106	106	hired by the department before, on, or after the effective date of
107	107	this Act; and
108	108	(2) except as provided by Subsection (b) of this
109	109	section, only to service credit that is established on or after the
110	110	effective date of this Act.
111	111	(b) Service credit established by a member who is employed
112	112	by the Texas Juvenile Justice Department as a juvenile correctional
113	113	officer or caseworker and who is not subject to Chapter 820,
114	114	Government Code, that was earned by the member in the position of a
115	115	juvenile correctional officer or caseworker before the effective
116	116	date of this Act, is considered service credit established as a
117	117	custodial officer for purposes of determining the benefits payable
118	118	from the law enforcement and custodial officer supplemental
119	119	retirement fund.
120	120	(c) Notwithstanding Subsection (b) of this section, a
121	121	member subject to that subsection may not receive benefits payable
122	122	from the law enforcement and custodial officer supplemental
123	123	retirement fund based on the service credit described by that
124	124	subsection if the member retires before September 1, 2025.
125	125	(d) As soon as practical after the effective date of this
126	126	Act, the board of trustees of the Employees Retirement System of
127	127	Texas, in consultation with the Texas Juvenile Justice Department,
128	128	shall adopt rules necessary to implement the changes in law made by
129	129	this Act.
130	130	(e) The Texas Juvenile Justice Department shall:
131	131	(1) as soon as practical after the effective date of
132	132	this Act, certify to the Employees Retirement System of Texas, in
133	133	the form and manner prescribed by the board of trustees of the
134	134	retirement system:
135	135	(A) the name of each member who is employed by the
136	136	department as a juvenile correctional officer or caseworker on the
137	137	effective date of this Act;
138	138	(B) if the member is subject to Subsection (b) of
139	139	this section, the amount of service credit established by the
140	140	member as a juvenile correctional officer or caseworker before the
141	141	effective date of this Act; and
142	142	(C) any other information the retirement system
143	143	determines is necessary to credit custodial officer service in
144	144	accordance with the changes in law made by this Act; and
145	145	(2) beginning with the first pay period that occurs
146	146	after the effective date of this Act and with respect to each member
147	147	employed by the department as a juvenile correctional officer or
148	148	caseworker, begin making deductions and collecting contributions
149	149	for the law enforcement and custodial officer supplemental
150	150	retirement fund as prescribed by Section 815.402(h), Government
151	151	Code.
152	152	SECTION 6. This Act takes effect September 1, 2023.