| 1 | 1 | | 89R16035 JCG-F |
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| 2 | 2 | | By: Bell of Montgomery H.B. No. 5167 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to membership in the Employees Retirement System of Texas |
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| 10 | 10 | | by certain service members of the Texas National Guard. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 437.212(d), Government Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (d) A service member who is not a state employee when called |
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| 15 | 15 | | by proper authority into a state active duty status or state |
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| 16 | 16 | | training and other duty status becomes a temporary state employee |
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| 17 | 17 | | when in this status and is limited to the benefits specified in this |
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| 18 | 18 | | chapter and in Subtitle B, Title 8. A temporary state employee |
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| 19 | 19 | | status does not apply to a service member who is a federal civil |
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| 20 | 20 | | servant or on active guard reserve status, including a member |
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| 21 | 21 | | serving on orders issued under Title 10 or 32, United States Code. |
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| 22 | 22 | | SECTION 2. Section 812.003(a), Government Code, is amended |
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| 23 | 23 | | to read as follows: |
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| 24 | 24 | | (a) Except as provided by Subsection (b), membership in the |
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| 25 | 25 | | employee class of the retirement system includes all employees and |
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| 26 | 26 | | appointed officers of every department, commission, board, agency, |
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| 27 | 27 | | or institution of the state and the temporary state employees |
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| 28 | 28 | | described by Section 812.0035, except: |
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| 29 | 29 | | (1) independent contractors and their employees |
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| 30 | 30 | | performing work for the state; and |
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| 31 | 31 | | (2) persons disqualified from membership under |
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| 32 | 32 | | Section 812.201. |
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| 33 | 33 | | SECTION 3. Subchapter A, Chapter 812, Government Code, is |
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| 34 | 34 | | amended by adding Section 812.0035 to read as follows: |
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| 35 | 35 | | Sec. 812.0035. MEMBERSHIP IN EMPLOYEE CLASS FOR CERTAIN |
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| 36 | 36 | | TEXAS NATIONAL GUARD SERVICE MEMBERS. (a) In this section, |
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| 37 | 37 | | "service member," "state active duty," and "Texas National Guard" |
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| 38 | 38 | | have the meanings assigned by Section 437.001. |
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| 39 | 39 | | (b) A service member of the Texas National Guard who is |
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| 40 | 40 | | called by proper authority into state active duty and becomes a |
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| 41 | 41 | | temporary state employee under Section 437.212(d) for a period of |
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| 42 | 42 | | 60 consecutive days or more is eligible for membership in the |
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| 43 | 43 | | employee class of the retirement system during the period the |
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| 44 | 44 | | service member is a temporary state employee and receives |
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| 45 | 45 | | compensation from the state for that employment. |
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| 46 | 46 | | (c) The retirement system shall adopt rules to implement |
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| 47 | 47 | | this section, including rules for: |
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| 48 | 48 | | (1) establishing membership and service credit; |
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| 49 | 49 | | (2) collecting contributions in the appropriate |
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| 50 | 50 | | amounts and determining collection periods; and |
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| 51 | 51 | | (3) computing benefits under this subtitle based on |
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| 52 | 52 | | monthly compensation for a person described by Subsection (b). |
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| 53 | 53 | | SECTION 4. (a) In this section, "retirement system" means |
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| 54 | 54 | | the Employees Retirement System of Texas. |
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| 55 | 55 | | (b) Only service occurring on or after the effective date of |
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| 56 | 56 | | this Act is creditable in the retirement system for a person |
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| 57 | 57 | | described by Section 812.0035(b), Government Code, as added by this |
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| 58 | 58 | | Act. |
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| 59 | 59 | | (c) If, on the effective date of this Act, a person |
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| 60 | 60 | | described by Section 812.0035(b), Government Code, as added by this |
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| 61 | 61 | | Act, has continuously served in a position included in the employee |
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| 62 | 62 | | class of membership of the retirement system under that section for |
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| 63 | 63 | | 60 days or more and holds the position on the effective date of this |
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| 64 | 64 | | Act, the person is not required to comply with the 60-day waiting |
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| 65 | 65 | | period to be eligible under that section for membership in the |
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| 66 | 66 | | retirement system. |
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| 67 | 67 | | (d) For purposes of Section 820.002, Government Code, the |
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| 68 | 68 | | hire date of a person described by Section 812.0035(b), Government |
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| 69 | 69 | | Code, as added by this Act, who is not member of the retirement |
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| 70 | 70 | | system on the effective date of this Act is considered to be |
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| 71 | 71 | | September 1, 2025. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2025. |
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