Texas 2025 - 89th Regular

Texas House Bill HB3521 Compare Versions

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1	1	89R3041 KFF-F
2	2	By: Harless H.B. No. 3521
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the police officers' public retirement system of
10	10	certain municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 2(4-a), (10), and (17-e), Article
13	13	6243g-4, Revised Statutes, are amended to read as follows:
14	14	(4-a) "Catastrophic injury":
15	15	(A) means a sudden, violent, life-threatening,
16	16	duty-related injury sustained by an active member that is due to an
17	17	externally caused motor vehicle collision, gunshot wound,
18	18	aggravated assault, or other physical external event or events and
19	19	results, as supported by evidence, in one of the following
20	20	conditions:
21	21	(i) [(A)] total, complete, and permanent
22	22	loss of sight in one or both eyes;
23	23	(ii) [(B)] total, complete, and permanent
24	24	loss of the body part [use] of one or both feet at or above the
25	25	ankle;
26	26	(iii) [(C)] total, complete, and permanent
27	27	loss of the body part [use] of one or both hands at or above the
28	28	wrist;
29	29	(iv) [(D)] injury to the spine that results
30	30	in a total, permanent, and complete paralysis of both arms, both
31	31	legs, or one arm and one leg; or
32	32	(v) [(E)] an externally caused physical
33	33	traumatic injury to the brain that, as determined using
34	34	evidence-based medicine, results in a permanent major
35	35	neurocognitive disorder for which the member requires occasional
36	36	supervision in the performance of routine daily tasks of self-care
37	37	and that renders the member permanently unemployable; and
38	38	(B) does not include the following diseases,
39	39	disorders, or injuries:
40	40	(i) infectious diseases;
41	41	(ii) noninfectious diseases, including
42	42	heart disease or lung disease, contracted as a result of repeated
43	43	exposure to occupational environmental conditions over a period of
44	44	months or years;
45	45	(iii) an anxiety disorder, including
46	46	post-traumatic stress disorder; or
47	47	(iv) a soft-tissue back, neck, or spine
48	48	injury, including a sprain, strain, subluxation, or repetitive
49	49	stress injury, that does not result in paralysis, as determined by a
50	50	physician chosen and compensated by the board [rendering the member
51	51	physically or mentally unable to perform the member's duties as a
52	52	police officer].
53	53	(10) "Employee" means an individual who holds a
54	54	classified or appointed position in the police department of a city
55	55	subject to this article.
56	56	(17-e) "Salary" means pay provided for the classified
57	57	or appointed position in the police department held by the
58	58	employee.
59	59	SECTION 2. Sections 3(d) and (f), Article 6243g-4, Revised
60	60	Statutes, are amended to read as follows:
61	61	(d) The terms of office of the board members elected as
62	62	described by Subsection (b)(3) of this section shall be three
63	63	years, beginning on January 1 and ending on December 31. Beginning
64	64	in 1999, and each third succeeding year, one board member shall be
65	65	elected at an election called by the board and held before the end
66	66	of the calendar year [in December]. Beginning in 2000, and each
67	67	third succeeding year, a second board member shall be elected at an
68	68	election called by the board and held before the end of the calendar
69	69	year [in December]. If a vacancy occurs among the two elected
70	70	retired members of the board, the board shall hold an election
71	71	within 60 days after the date the vacancy occurred. At that
72	72	election, a retired member shall be elected to serve for the
73	73	remainder of the term of the vacant position or for a full term if
74	74	the term of the board member that caused the vacancy would have
75	75	ended in that year. A board member who is a retired member and who
76	76	was appointed to the board before January 1999 shall serve the
77	77	remainder of the board member's term. On expiration of the
78	78	appointed term, the appointed board member is eligible to run for
79	79	the board position described by Subsection (b)(3) of this section
80	80	in the same manner as any other retired member.
81	81	(f) The following individuals are prohibited from being
82	82	elected to or otherwise serving on the board:
83	83	(A) an [An] individual who is an elected or
84	84	appointed member [officer] or employee of, or who receives
85	85	compensation or gifts directly or indirectly from, any employee
86	86	[organization] or retiree organization;
87	87	(B) an individual who is [or] an employee of the
88	88	pension system or was an employee of the pension system during the
89	89	60-day period preceding the announcement of the trustee election;
90	90	or
91	91	(C) an individual who holds a position that
92	92	creates or may have the potential to create a conflict of interest
93	93	with the fiduciary responsibility imposed on each member of [is
94	94	prohibited from being elected to] the board, as determined by
95	95	[appointed to] the board[, or in any other way serving as a member
96	96	of the board].
97	97	SECTION 3. Section 4, Article 6243g-4, Revised Statutes, is
98	98	amended by amending Subsection (b) and adding Subsection (c) to
99	99	read as follows:
100	100	(b) The board, by an affirmative vote of at least four board
101	101	members, may elect to provide a stipend to [reimburse] board
102	102	members who are not employees of the city for their time while
103	103	attending to official business of the pension system. The amount of
104	104	any stipend [reimbursement] may not exceed $750 a month for each
105	105	affected board member.
106	106	(c) Board members are entitled to reimbursement for actual
107	107	expenses incurred in performing official duties and business, as
108	108	determined by board rule.
109	109	SECTION 4. Section 12, Article 6243g-4, Revised Statutes,
110	110	is amended by amending Subsections (b) and (m) and adding
111	111	Subsection (n) to read as follows:
112	112	(b) Except as otherwise provided by this section, including
113	113	Subsection (b-3) of this section, the monthly service pension of a
114	114	member who:
115	115	(1) is hired before October 9, 2004, including a
116	116	member hired before October 9, 2004, who involuntarily separated
117	117	from service but has been retroactively reinstated under
118	118	arbitration, civil service, or a court ruling, is equal to the sum
119	119	of:
120	120	(A) 2.75 percent of the member's final average
121	121	pay multiplied by the member's years or partial years of service for
122	122	the member's first 20 years of service; and
123	123	(B) two percent of the member's final average pay
124	124	multiplied by the member's years or partial years of service for the
125	125	member's years of service in excess of the 20 years of service
126	126	described by Paragraph (A) of this subdivision; or
127	127	(2) except as provided by Subdivision (1) of this
128	128	subsection and subject to Subsection (b-3) of this section, is
129	129	hired or rehired as an active member on or after October 9, 2004, is
130	130	equal to [the sum of]:
131	131	(A) for members with less than 20 years of
132	132	service, 2.25 percent of the member's final average pay multiplied
133	133	by the member's years or partial years of service [for the member's
134	134	first 20 years of service]; or
135	135	(B) for members with at least 20 years of
136	136	service, the sum of:
137	137	(i) 2.75 percent of the member's final
138	138	average pay multiplied by the members first 20 years of service; and
139	139	(ii) [(B)] two percent of the member's
140	140	final average pay multiplied by the member's years or partial years
141	141	of service in excess of 20 years of service described by
142	142	Subparagraph (i) [Paragraph (A)] of this paragraph [subdivision].
143	143	(m) For a member who is promoted or appointed to a position
144	144	above the rank of commander or a similar position that is the
145	145	highest classified or non-appointed position in the police
146	146	department:
147	147	(1) before the year 2017 effective date, the member's
148	148	monthly service pension and member contributions shall be based on
149	149	the member's initial pay for that position, regardless of
150	150	subsequent promotions or appointments; and
151	151	(2) [captain] on or after the year 2017 effective
152	152	date, the member's monthly service pension and member contributions
153	153	shall be based on, as determined by the board:
154	154	(A) [(1)] the member's pay for the position the
155	155	member held immediately before being promoted or appointed; or
156	156	(B) [(2)] the pay of the highest civil rank for
157	157	classified police officers for those members who have no prior
158	158	service with the city, which pay must be calculated based on the
159	159	three-year average prior to retirement.
160	160	(n) Except as provided by Subsection (m)(1) of this section,
161	161	a member's monthly service pension and contributions may not be
162	162	based on final average pay and contributions that exceed the salary
163	163	and contributions made by a member who:
164	164	(1) achieves the position of commander or a similar
165	165	position that is the highest classified or non-appointed position
166	166	in the police department; and
167	167	(2) retires or elects to participate in DROP on or
168	168	after the year 2017 effective date.
169	169	SECTION 5. Sections 14(b), (e), and (i), Article 6243g-4,
170	170	Revised Statutes, are amended to read as follows:
171	171	(b) An active member who [was hired before October 9, 2004,
172	172	including a member hired before October 9, 2004, who] has attained
173	173	normal retirement age [been reinstated under arbitration, civil
174	174	service, or a court ruling after that date, and has at least 20
175	175	years of service with the police department] may file with the
176	176	pension system an election to participate in DROP and receive a DROP
177	177	benefit instead of the standard form of pension provided by this
178	178	article on or after [as of] the date the active member attained
179	179	normal retirement age [20 years of service]. The election may be
180	180	made, under procedures established by the board, by an eligible
181	181	active member who has attained the required years of service. A
182	182	DROP election that is made and accepted by the board may not be
183	183	revoked.
184	184	(e) As of the end of each month an amount is credited to each
185	185	active member's notional DROP account at the rate of one-twelfth of
186	186	a hypothetical earnings rate on amounts in the account. The
187	187	hypothetical earnings rate is determined for each calendar year
188	188	based on the compounded average of the aggregate annual rate of
189	189	return on investments of the pension system for the five
190	190	consecutive fiscal years ending June 30 preceding the calendar year
191	191	to which the earnings rate applies, multiplied by:
192	192	(1) except as provided by Subdivision (2) of this
193	193	subsection, 65 percent; or
194	194	(2) once the funded ratio is equal to or greater than
195	195	95 percent and regardless of the funded ratio in subsequent years,
196	196	70 percent. [The hypothetical earnings rate may not be less than
197	197	2.5 percent.]
198	198	(i) A retired member who has not attained the applicable age
199	199	required under the code to make a minimum distribution [70-1/2],
200	200	whether or not a DROP participant before retirement, may elect to
201	201	have part or all of an amount equal to the monthly service pension
202	202	the retired member would otherwise be entitled to receive, less any
203	203	amount required to pay the retired member's share of group medical
204	204	insurance costs, credited to a DROP account, in which case the
205	205	amounts will become eligible to be credited with hypothetical
206	206	earnings in the same manner as the amounts described by Subsection
207	207	(g) of this section. On and after the year 2017 effective date,
208	208	additional amounts may not be credited to a DROP account under this
209	209	subsection. Any amounts credited under this subsection before the
210	210	year 2017 effective date shall remain accrued in a retired member's
211	211	DROP account.
212	212	SECTION 6. Section 14(k), Article 6243g-4, Revised
213	213	Statutes, is redesignated as Section 14A, Article 6243g-4, Revised
214	214	Statutes, and amended to read as follows:
215	215	Sec. 14A. RESUMPTION OF SERVICE BY DROP PARTICIPANTS. (a)
216	216	This section applies only to [(k) If] a retired member and [who is
217	217	a] DROP participant who is rehired by [as an employee of] the police
218	218	department in a classified or appointed position.
219	219	(b) The pension system shall, during the period of
220	220	subsequent service by a member subject to this section:
221	221	(1) in accordance with Section 17(f) of this article,
222	222	reinstate the member as an active member of the pension system;
223	223	(2) suspend the member's monthly service [, any]
224	224	pension and any [or] DROP distribution that was being paid to the
225	225	member; and
226	226	(3) except as provided by Subsection (c)(2)(B) of this
227	227	section, credit to the member's DROP account a [shall be suspended
228	228	and the] monthly amount equal to the member's monthly service
229	229	pension determined as if the member had remained separated from
230	230	service [described by Subsection (d) of this section will again
231	231	begin to be credited to the DROP account while the member continues
232	232	to be an employee]. [If the member's DROP account has been
233	233	completely distributed, a new notional account may not be created
234	234	and the monthly amount described by Subsection (d) of this section
235	235	may not be credited to a DROP account on behalf of the member.]
236	236	(c) During the period of a member's subsequent service:
237	237	(1) in accordance with Section 9 of this article, the
238	238	city shall make employer contributions attributable to the member's
239	239	subsequent service; and
240	240	(2) the member:
241	241	(A) in accordance with Section 8 of this article,
242	242	shall make member contributions; and
243	243	(B) may not:
244	244	(i) receive any annual adjustments under
245	245	Section 12(c) of this article;
246	246	(ii) accrue additional years of service or
247	247	establish additional service credit; and
248	248	(iii) in accordance with Section 14 of this
249	249	article, receive a distribution of the member's DROP account.
250	250	(d) Once the member again separates from service, payment of
251	251	the member's monthly service pension shall resume, including
252	252	application of annual adjustments under Section 12(c) of this
253	253	article. The member's monthly service pension may not be adjusted
254	254	to reflect years of service, service credit, or pay for the member's
255	255	subsequent period of service.
256	256	(e) A member is not eligible for a refund of the member
257	257	contributions made during the member's subsequent period of
258	258	service.
259	259	SECTION 7. Section 15, Article 6243g-4, Revised Statutes,
260	260	is amended by amending Subsections (a), (b), (d), (e), and (i) and
261	261	adding Subsections (d-1), (d-2), (d-3), (d-4), and (i-1) to read as
262	262	follows:
263	263	(a) An active member who becomes totally and permanently
264	264	incapacitated for the performance of the member's duties as a
265	265	result of a bodily injury received in, or illness caused by, the
266	266	performance of those duties shall, on presentation to the board's
267	267	satisfaction [board] of proof of total and permanent incapacity, be
268	268	retired and shall receive an immediate duty-connected disability
269	269	pension equal to:
270	270	(1) for members hired or rehired before October 9,
271	271	2004, the greater of 55 percent of the member's final average pay at
272	272	the time of retirement or the member's accrued service pension; or
273	273	(2) for members hired or rehired on or after October 9,
274	274	2004, the greater of 45 percent of the member's:
275	275	(A) final average pay at the time of retirement;
276	276	or
277	277	(B) accrued service pension.
278	278	(b) A member who becomes totally and permanently
279	279	incapacitated for the performance of the member's duties and is not
280	280	eligible for either an immediate service pension or a
281	281	duty-connected disability pension is eligible for an immediate
282	282	monthly pension computed in the same manner as a service retirement
283	283	pension but based on final average pay and service accrued to the
284	284	date of the disability. The pension under this subsection may not
285	285	be less than[:
286	286	[(1) for members hired before October 9, 2004,
287	287	including a member who involuntarily separated from service but has
288	288	been retroactively reinstated under arbitration, civil service, or
289	289	a court ruling,] 27.5 percent of the member's final average pay[; or
290	290	[(2) except as provided by Subdivision (1) of this
291	291	subsection, for members hired or rehired on or after October 9,
292	292	2004, 22.5 percent of the member's final average pay].
293	293	(d) Except as provided by Subsection (d-1) of this section,
294	294	a [A] person may not receive a disability pension unless the person
295	295	files with the board an application for a disability pension not
296	296	later than the later of:
297	297	(1) 180 days after the date of separation from
298	298	service; or
299	299	(2) the 18th month after the date the injury or illness
300	300	described by Subsection (a) of this section occurs or began, as
301	301	applicable.
302	302	(d-1) The board may accept an application filed after the
303	303	deadline prescribed by Subsection (d) of this section on a showing
304	304	of good cause, as determined by the board.
305	305	(d-2) On filing and acceptance by the board of an
306	306	application for a disability pension, [at which time] the board
307	307	shall have the person examined, not later than the 90th day after
308	308	the date the member files the application, by a physician or
309	309	physicians chosen and compensated by the board. The physician
310	310	shall make a report and recommendations to the board regarding,
311	311	based on reasonable medical probability:
312	312	(1) the extent of any disability; and
313	313	(2) whether any disability that is diagnosed is a
314	314	duty-connected disability.
315	315	(d-3) A [Except as provided by Subsection (j) of this
316	316	section, a] person may not receive a disability pension for an
317	317	injury received or illness incurred after separation from service.
318	318	(d-4) In accordance with Section 6(g) of this article, the
319	319	board may, through its presiding officer, issue process, administer
320	320	oaths, examine witnesses, and compel witnesses to testify as to any
321	321	matter affecting retirement, disability, or death benefits under
322	322	any pension plan within the pension system.
323	323	(e) A retired member who has been retired for disability is
324	324	subject at all times to reexamination by a physician chosen and
325	325	compensated by the board and shall submit to further examination as
326	326	the board may require. If a retired member refuses to submit to an
327	327	examination, the board shall order the payments stopped. If a
328	328	retired member who has been receiving a disability pension under
329	329	this section recovers so that in the opinion of the board the
330	330	retired member is able to perform the usual and customary duties
331	331	formerly performed for the police department, or if a [and the]
332	332	retired member is reinstated or offered reinstatement to the
333	333	position, or hired by another law enforcement agency to a
334	334	comparable position, the board shall order the member's disability
335	335	pension stopped. A member may apply for a normal pension benefit,
336	336	if eligible, if the member's disability benefit payments are
337	337	stopped by the board under this subsection.
338	338	(i) Except as provided by Subsection (i-1) of this section,
339	339	[Effective for payments that become due after April 30, 2000, and]
340	340	instead of the disability benefit provided by Subsection (a) or (b)
341	341	of this section, a member who suffers a catastrophic injury shall
342	342	receive a monthly benefit equal to 90 [100] percent of the member's
343	343	final average pay determined as of the date of retirement, and the
344	344	member's DROP balance, if any.
345	345	(i-1) A member who attains normal retirement age is not
346	346	eligible to receive a disability pension under Subsection (i) of
347	347	this section.
348	348	SECTION 8. Article 6243g-4, Revised Statutes, is amended by
349	349	adding Section 15A to read as follows:
350	350	Sec. 15A. REDUCTION OF DISABILITY BENEFITS. (a) The board
351	351	shall require any member who is receiving a disability pension to
352	352	provide the board annually, on or before July 1 of each year, with a
353	353	true and complete copy of those portions of the person's federal
354	354	and, if applicable, state tax return, including appropriate
355	355	schedules, for the previous calendar year that indicate the
356	356	person's occupations, if any, and earned income for the previous
357	357	calendar year. If the member did not file a tax return for the
358	358	previous calendar year, the board may require other documentation
359	359	reflecting the member's occupation or earned income that the board
360	360	determines appropriate.
361	361	(b) The pension system may grant an extension of the July 1
362	362	date under Subsection (a) of this section to a date later in the
363	363	same calendar year if the member provides the board with a true and
364	364	complete copy of a grant of the extension of time for filing the
365	365	person's tax return from the appropriate governmental entity or a
366	366	true and complete copy of an extension request that results in an
367	367	automatic extension.
368	368	(c) If, after evaluating the information received under
369	369	this section, the board finds the member is or has been receiving
370	370	earned income from one or more employments, including
371	371	self-employment, during the preceding year, the board shall reduce
372	372	future disability pension payments to the member by the amount of $1
373	373	for each month for each $2 of income earned by the member from the
374	374	other employment during each month of the previous year, except
375	375	that the disability pension payment may not be decreased below the
376	376	amount determined for a monthly service pension under Section 12 of
377	377	this article.
378	378	(d) If a retired member who has been receiving a disability
379	379	pension for a catastrophic injury recovers such that in the opinion
380	380	of the board the member no longer has a catastrophic injury, the
381	381	board shall reclassify the benefit as a duty-connected disability
382	382	pension in accordance with Section 15(a) of this article.
383	383	SECTION 9. Section 16(i), Article 6243g-4, Revised
384	384	Statutes, is amended to read as follows:
385	385	(i) If a member or individual receiving a survivor's pension
386	386	dies before monthly payments have been made for at least five years,
387	387	leaving no person otherwise eligible to receive further monthly
388	388	payments with respect to the member, the monthly payments shall
389	389	continue to be made in the same amount as the last monthly payment
390	390	made to the member or survivor until payments have been made for
391	391	five years with respect to the member. The payments shall be made
392	392	to the spouse of the member, if living, and if no spouse is living,
393	393	to the natural or adopted children of the member, to be divided
394	394	equally among the children if the member has more than one child.
395	395	If the member has no spouse or children who are living, the benefit
396	396	may not be paid. If the member dies after becoming eligible to
397	397	receive benefits but before payments begin, leaving no survivors
398	398	eligible for benefits, the amount of each monthly payment over the
399	399	five-year period shall be the same as the monthly payment the member
400	400	would have received if the member had taken disability retirement
401	401	on the date of the member's death and shall be paid to the member's
402	402	spouse or children in the manner provided by this subsection. If
403	403	the member has no spouse or children who are living, then the
404	404	benefit may not be paid. The member's estate or a beneficiary who
405	405	is not a survivor or dependent is not eligible to receive the
406	406	payment described by Subsection (g) of this section and the final
407	407	monthly payment owed but not received before the member's or
408	408	surviving spouse's death.
409	409	SECTION 10. Section 17(b), Article 6243g-4, Revised
410	410	Statutes, is amended to read as follows:
411	411	(b) A member of the pension system who has not completed 20
412	412	years of service at the time of separation from service with the
413	413	police department is eligible for a refund of the total of the
414	414	contributions the member made to the pension system[, plus any
415	415	amount that was contributed for the member by the city and not
416	416	applied in accordance with this section to provide the member with
417	417	10 years of service]. The refund does not include interest, and
418	418	neither the city nor the member is eligible for a refund of the
419	419	contributions the city made on the member's behalf, except as
420	420	expressly provided by this subsection. By receiving the refund,
421	421	the member forfeits any service earned before separation from
422	422	service, even if it is otherwise nonforfeitable.
423	423	SECTION 11. The heading to Section 19, Article 6243g-4,
424	424	Revised Statutes, is amended to read as follows:
425	425	Sec. 19. PERSONS REJOINING OR TRANSFERRED BY CITY; SERVICE
426	426	CREDIT; DOUBLE BENEFITS[; RETURN TO SERVICE].
427	427	SECTION 12. Section 21(b), Article 6243g-4, Revised
428	428	Statutes, is amended to read as follows:
429	429	(b) The city, not later than the 14th day after the date the
430	430	city receives a request by or on behalf of the board, shall, unless
431	431	otherwise prohibited by law, supply the pension system with
432	432	personnel, payroll, and financial records in the city's possession
433	433	that the pension system determines necessary to provide pension
434	434	administrative and fiduciary services under this section, to
435	435	establish beneficiaries' eligibility for any benefit, or to
436	436	determine a member's credited service or the amount of any
437	437	benefits, including disability benefits, and such other
438	438	information the pension system may need, including:
439	439	(1) information needed to verify service, including
440	440	the following information:
441	441	(A) the date a person is sworn in to a position;
442	442	(B) the days a person is under suspension;
443	443	(C) the days a person is absent without pay,
444	444	including the days a person is on maternity leave;
445	445	(D) the date of a person's termination from
446	446	employment; and
447	447	(E) the date of a person's reemployment with the
448	448	city;
449	449	(2) medical records;
450	450	(3) workers' compensation records and pay information;
451	451	(4) payroll information;
452	452	(5) information needed to verify whether a member is
453	453	on military leave; [and]
454	454	(6) information regarding phase-down participants,
455	455	including information related to entry date and phase-down plan;
456	456	and
457	457	(7) personnel files, including any disciplinary
458	458	action taken against a person and the result of any appeal of the
459	459	disciplinary action.
460	460	SECTION 13. Section 25(g), Article 6243g-4, Revised
461	461	Statutes, is amended to read as follows:
462	462	(g) Distribution of benefits must begin not later than April
463	463	1 of the year following the calendar year during which the member
464	464	eligible for the benefits becomes the applicable [70-1/2 years of]
465	465	age under the code to make a minimum distribution or terminates
466	466	employment with the employer, whichever is later, and must
467	467	otherwise conform to Section 401(a)(9) of the code.
468	468	SECTION 14. Section 30(b), Article 6243g-4, Revised
469	469	Statutes, is amended to read as follows:
470	470	(b) After the member described by Subsection (a) of this
471	471	section is finally convicted, the member's survivors, including
472	472	their representatives, [spouse] may apply for benefits if the
473	473	member, but for application of Subsection (a) of this section,
474	474	would have been eligible for a pension benefit or a delayed payment
475	475	of benefits. If the member would not have been eligible for a
476	476	pension benefit or a delayed payment of benefits, the member's
477	477	survivors, including their representatives, [spouse] may apply for
478	478	a refund of the member's contributions. A refund under this
479	479	subsection does not include interest and does not include
480	480	contributions the city made on the member's behalf. The city may
481	481	not receive a refund of any contributions the city made on the
482	482	member's behalf.
483	483	SECTION 15. The following provisions of Article 6243g-4,
484	484	Revised Statutes, are repealed:
485	485	(1) Section 12(k);
486	486	(2) Section 13;
487	487	(3) Section 16(j);
488	488	(4) Section 17(i); and
489	489	(5) Section 19(f).
490	490	SECTION 16. Sections 12(b) and 17(b), Article 6243g-4,
491	491	Revised Statutes, as amended by this Act, apply only to a member who
492	492	retires on or after the effective date of this Act. A member who
493	493	retires before the effective date of this Act is governed by the law
494	494	in effect immediately before that date, and the former law is
495	495	continued in effect for that purpose.
496	496	SECTION 17. Section 13, Article 6243g-4, Revised Statutes,
497	497	as repealed by this Act, and Section 14A, Article 6243g-4, Revised
498	498	Statutes, as added by this Act, apply only to a retired member who
499	499	resumes service with the police department on or after the
500	500	effective date of this Act. A person who resumes service with the
501	501	police department before the effective date of this Act is governed
502	502	by the law in effect immediately before that date, and the former
503	503	law is continued in effect for that purpose.
504	504	SECTION 18. Section 15(i), Article 6243g-4, Revised
505	505	Statutes, as amended by this Act, and Section 15(i-1), Article
506	506	6243g-4, Revised Statutes, as added by this Act, apply only to a
507	507	disability pension granted after June 1, 2025. A disability
508	508	pension granted on or before June 1, 2025, is governed by the law in
509	509	effect immediately before the effective date of this Act, and the
510	510	former law is continued in effect for that purpose.
511	511	SECTION 19. Section 15A, Article 6243g-4, Revised Statutes,
512	512	as added by this Act, applies only to a member who is granted a
513	513	disability pension after July 1, 2025. A member who is granted a
514	514	disability pension on or before July 1, 2025, is governed by the law
515	515	in effect immediately before the effective date of this Act, and the
516	516	former law is continued in effect for that purpose.
517	517	SECTION 20. The changes in law made by this Act do not
518	518	affect any nonconflicting provisions of an agreement entered into
519	519	in accordance with Section 27, Article 6243g-4, Revised Statutes,
520	520	and those provisions remain in full force and effect.
521	521	SECTION 21. If this Act conflicts with another Act of the
522	522	89th Legislature, Regular Session, 2025, this Act controls unless
523	523	the conflict is expressly resolved by the legislature by reference
524	524	to this Act.
525	525	SECTION 22. This Act takes effect July 1, 2025, if it
526	526	receives a vote of two-thirds of all the members elected to each
527	527	house, as provided by Section 39, Article III, Texas Constitution.
528	528	If this Act does not receive the vote necessary for effect on that
529	529	date, this Act takes effect September 1, 2025.