Texas 2025 - 89th Regular

Texas Senate Bill SB1115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1444 RDR-D
2	2	By: Hinojosa of Nueces S.B. No. 1115
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to eligibility for custodial officer service in the
10	10	Employees Retirement System of Texas by certain juvenile
11	11	correctional officers and caseworkers employed by the Texas
12	12	Juvenile Justice Department.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 811.001, Government Code, is amended by
15	15	amending Subdivision (8) and adding Subdivision (8-b) to read as
16	16	follows:
17	17	(8) "Custodial officer":
18	18	(A) means a member of the retirement system who
19	19	is employed:
20	20	(i) by the Board of Pardons and Paroles or
21	21	the Texas Department of Criminal Justice as a parole officer or
22	22	caseworker;
23	23	(ii) by the Texas Juvenile Justice
24	24	Department as a juvenile correctional officer or caseworker; or
25	25	(iii) [who is employed] by the correctional
26	26	institutions division of the Texas Department of Criminal Justice
27	27	and certified by the department as having a normal job assignment
28	28	that requires frequent or infrequent regularly planned contact
29	29	with, and [in] close proximity to, inmates or defendants of the
30	30	correctional institutions division without the protection of bars,
31	31	doors, security screens, or similar devices and includes
32	32	assignments normally involving supervision or the potential for
33	33	supervision of inmates in inmate housing areas, educational or
34	34	recreational facilities, industrial shops, kitchens, laundries,
35	35	medical areas, agricultural shops or fields, or in other areas on or
36	36	away from property of the department; and
37	37	(B) [. The term] includes a member who transfers
38	38	from the Texas Department of Criminal Justice to the managed health
39	39	care unit of The University of Texas Medical Branch or the Texas
40	40	Tech University Health Sciences Center pursuant to Section 9.01,
41	41	Chapter 238, Acts of the 73rd Legislature, 1993, elects at the time
42	42	of transfer to retain membership in the retirement system, and is
43	43	certified by the managed health care unit or the health sciences
44	44	center as having a normal job assignment described by Paragraph
45	45	(A)(iii) [this subdivision].
46	46	(8-b) "Juvenile correctional officer" has the meaning
47	47	assigned by Section 242.009, Human Resources Code.
48	48	SECTION 2. Section 813.506, Government Code, is amended by
49	49	adding Subsection (b-1) and amending Subsection (c) to read as
50	50	follows:
51	51	(b-1) To be creditable as custodial officer service under
52	52	the Texas Juvenile Justice Department, service must be performed as
53	53	a juvenile correctional officer or caseworker.
54	54	(c) The Texas Department of Criminal Justice, the managed
55	55	health care unit of The University of Texas Medical Branch or the
56	56	Texas Tech University Health Sciences Center, the Texas Juvenile
57	57	Justice Department, or the Board of Pardons and Paroles, as
58	58	applicable, shall determine a person's eligibility to receive
59	59	credit as a custodial officer. A determination under this
60	60	subsection [of the department, unit, or board] may not be appealed
61	61	by an employee but is subject to change by the retirement system.
62	62	SECTION 3. Section 815.505, Government Code, is amended to
63	63	read as follows:
64	64	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
65	65	CUSTODIAL OFFICERS. Not later than the 12th day of the month
66	66	following the month in which a person begins or ceases employment as
67	67	a law enforcement officer or custodial officer, the Public Safety
68	68	Commission, the Texas Alcoholic Beverage Commission, the Parks and
69	69	Wildlife Commission, the office of inspector general at the Texas
70	70	Juvenile Justice Department, the Texas Juvenile Justice
71	71	Department, the Board of Pardons and Paroles, or the Texas Board of
72	72	Criminal Justice, as applicable, shall certify to the retirement
73	73	system, in the manner prescribed by the system, the name of the
74	74	employee and such other information as the system determines is
75	75	necessary for the crediting of service and financing of benefits
76	76	under this subtitle.
77	77	SECTION 4. (a) The changes in law made by this Act apply:
78	78	(1) to a member of the Employees Retirement System of
79	79	Texas who is employed by the Texas Juvenile Justice Department as a
80	80	juvenile correctional officer or caseworker on or after the
81	81	effective date of this Act regardless of whether the member was
82	82	hired by the department before, on, or after the effective date of
83	83	this Act; and
84	84	(2) except as provided by Subsection (b) of this
85	85	section, only to service credit that is established on or after the
86	86	effective date of this Act.
87	87	(b) Service credit established by a member who is employed
88	88	by the Texas Juvenile Justice Department as a juvenile correctional
89	89	officer or caseworker and who is not subject to Chapter 820,
90	90	Government Code, that was earned by the member in the position of a
91	91	juvenile correctional officer or caseworker before the effective
92	92	date of this Act, is considered service credit established as a
93	93	custodial officer for purposes of determining the benefits payable
94	94	from the law enforcement and custodial officer supplemental
95	95	retirement fund.
96	96	(c) Notwithstanding Subsection (b) of this section, a
97	97	member subject to that subsection may not receive benefits payable
98	98	from the law enforcement and custodial officer supplemental
99	99	retirement fund based on the service credit described by that
100	100	subsection if the member retires before September 1, 2027.
101	101	(d) As soon as practicable after the effective date of this
102	102	Act, the board of trustees of the Employees Retirement System of
103	103	Texas, in consultation with the Texas Juvenile Justice Department,
104	104	shall adopt rules necessary to implement the changes in law made by
105	105	this Act.
106	106	(e) The Texas Juvenile Justice Department shall:
107	107	(1) as soon as practicable after the effective date of
108	108	this Act, certify to the Employees Retirement System of Texas, in
109	109	the form and manner prescribed by the board of trustees of the
110	110	retirement system:
111	111	(A) the name of each member who is employed by the
112	112	department as a juvenile correctional officer or caseworker on the
113	113	effective date of this Act;
114	114	(B) if the member is subject to Subsection (b) of
115	115	this section, the amount of service credit established by the
116	116	member as a juvenile correctional officer or caseworker before the
117	117	effective date of this Act; and
118	118	(C) any other information the retirement system
119	119	determines is necessary to credit custodial officer service in
120	120	accordance with the changes in law made by this Act; and
121	121	(2) beginning with the first pay period that occurs
122	122	after the effective date of this Act and with respect to each member
123	123	employed by the department as a juvenile correctional officer or
124	124	caseworker, begin making deductions and collecting contributions
125	125	for the law enforcement and custodial officer supplemental
126	126	retirement fund as prescribed by Section 815.402(h) or 820.101(b),
127	127	Government Code, as applicable.
128	128	SECTION 5. This Act takes effect September 1, 2025.