By: Shofner H.B. No. 4497
A BILL TO BE ENTITLED
AN ACT
relating to the compensation, reimbursement of expenses, and
retirement benefits of a member of the State Board of Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.105, Education Code, is amended to
read as follows:
Sec. 7.105. COMPENSATION AND REIMBURSEMENT. [(a)] A
member of the board is [not] entitled to receive compensation and
reimbursement of the member's expenses in the same amount and
manner as a member of the legislature as provided by Section 24,
Article III, Texas Constitution.
[(b) A member of the board is entitled to reimbursement of
the member's expenses as provided by law.]
SECTION 2. Section 810.003(b), Government Code, is amended
to read as follows:
(b) This section applies only to a person who is:
(1) a member of the elected class of the Employees
Retirement System of Texas as described by Section 812.002(a)(1),
[or] (2), or (4); or
(2) otherwise eligible for membership in a public
retirement system wholly or partly because the person was elected
or appointed to an elected office.
SECTION 3. Section 812.002(a), Government Code, is amended
to read as follows:
(a) Membership in the elected class of the retirement system
is limited to:
(1) persons who hold state offices that are normally
filled by statewide election and that are not included in the
coverage of the Judicial Retirement System of Texas Plan One or the
Judicial Retirement System of Texas Plan Two;
(2) members of the legislature; [and]
(3) district and criminal district attorneys, to the
extent that they receive salaries from the state general revenue
fund; and
(4) members of the State Board of Education.
SECTION 4. Section 820.053(c), Government Code, is amended
to read as follows:
(c) For purposes of this section, a member of the elected
class of membership under Section 812.002(a)(2) or (4) shall have
the member's accumulated account balance computed as if the
contributions to the account were based on the state base salary,
excluding longevity pay payable under Section 659.0445, being paid
a district judge as set by the General Appropriations Act in
accordance with Section 659.012(a).
SECTION 5. (a) In this section, "retirement system" means
the Employees Retirement System of Texas.
(b) For purposes of Subtitle B, Title 8, Government Code, as
amended by this Act, including Section 820.002, Government Code:
(1) the date a person described by Section
812.002(a)(4), Government Code, as added by this Act, took office
is considered to be September 1, 2025; and
(2) only service performed by that person on or after
that date is creditable in the retirement system.
(c) For purposes of administering the changes in law made by
this Act to Subtitle B, Title 8, Government Code, the retirement
system, the State Board of Education, and, if necessary as
determined by the retirement system, the Texas Education Agency,
shall enter into a memorandum of understanding on the collection of
member contributions and other matters the retirement system
considers advisable.
(d) The retirement system may adopt rules to implement
Subtitle B, Title 8, Government Code, as amended by this Act.
SECTION 6. This Act takes effect September 1, 2025.