Texas 2025 - 89th Regular

Texas Senate Bill SB1737 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, et al. S.B. No. 1737
2		-
3		-
	1	+	By: Huffman, Flores S.B. No. 1737
	2	+	(In the Senate - Filed February 27, 2025; March 13, 2025,
	3	+	read first time and referred to Committee on Finance;
	4	+	March 19, 2025, reported favorably by the following vote: Yeas 15,
	5	+	Nays 0; March 19, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to service retirement benefits payable by the Employees
9	12		Retirement System of Texas to certain law enforcement officers and
10	13		custodial officers.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Sections 811.001(8) and (9), Government Code,
13	16		are amended to read as follows:
14	17		(8) "Custodial officer":
15	18		(A) means a member of the retirement system who
16	19		is employed:
17	20		(i) by the Board of Pardons and Paroles or
18	21		the Texas Department of Criminal Justice as a parole officer or
19	22		caseworker;
20	23		(ii) by the Texas Juvenile Justice
21	24		Department in a position in which the member's service is
22	25		creditable as a custodial officer under Section 813.506(b-1); or
23	26		(iii) [who is employed] by the correctional
24	27		institutions division of the Texas Department of Criminal Justice
25	28		and certified by the department as having a normal job assignment
26	29		that requires frequent or infrequent regularly planned contact
27	30		with, and [in] close proximity to, inmates or defendants of the
28	31		correctional institutions division without the protection of bars,
29	32		doors, security screens, or similar devices and includes
30	33		assignments normally involving supervision or the potential for
31	34		supervision of inmates in inmate housing areas, educational or
32	35		recreational facilities, industrial shops, kitchens, laundries,
33	36		medical areas, agricultural shops or fields, or in other areas on or
34	37		away from property of the department; and
35	38		(B) [. The term] includes a member who transfers
36	39		from the Texas Department of Criminal Justice to the managed health
37	40		care unit of The University of Texas Medical Branch or the Texas
38	41		Tech University Health Sciences Center pursuant to Section 9.01,
39	42		Chapter 238, Acts of the 73rd Legislature, 1993, elects at the time
40	43		of transfer to retain membership in the retirement system, and is
41	44		certified by the managed health care unit or the health sciences
42	45		center as having a normal job assignment described by Paragraph
43	46		(A)(iii) [this subdivision].
44	47		(9) "Law enforcement officer" means a member of the
45	48		retirement system who:
46	49		(A) has been commissioned as a peace [law
47	50		enforcement] officer by:
48	51		(i) the Department of Public Safety;[,]
49	52		(ii) the Texas Alcoholic Beverage
50	53		Commission;[,]
51	54		(iii) the Parks and Wildlife Department;
52	55		(iv) [, or] the office of inspector general
53	56		at the Texas Juvenile Justice Department;
54	57		(v) the comptroller; or
55	58		(vi) the attorney general; and
56	59		(B) is licensed [recognized] as a commissioned
57	60		peace [law enforcement] officer by the Texas Commission on Law
58	61		Enforcement.
59	62		SECTION 2. Section 813.506, Government Code, is amended by
60	63		adding Subsection (b-1) and amending Subsection (c) to read as
61	64		follows:
62	65		(b-1) The Texas Juvenile Justice Department shall adopt
63	66		standards for determining eligibility for service credit as a
64	67		custodial officer employed by the department based on the need to
65	68		encourage early retirement of persons whose duties are hazardous.
66	69		To be creditable as custodial officer service under the Texas
67	70		Juvenile Justice Department, service must be performed:
68	71		(1) as a juvenile correctional officer, as that term
69	72		is defined by Section 242.009, Human Resources Code, or a
70	73		caseworker; or
71	74		(2) in a position, other than a position described by
72	75		Subdivision (1), the primary duties of which include the custodial
73	76		supervision of or other close, regularly planned contact with youth
74	77		in the custody of the department.
75	78		(c) The Texas Department of Criminal Justice, the managed
76	79		health care unit of The University of Texas Medical Branch or the
77	80		Texas Tech University Health Sciences Center, the Texas Juvenile
78	81		Justice Department, or the Board of Pardons and Paroles, as
79	82		applicable, shall determine a person's eligibility to receive
80	83		credit as a custodial officer. A determination under this
81	84		subsection [of the department, unit, or board] may not be appealed
82	85		by an employee but is subject to change by the retirement system.
83	86		SECTION 3. Section 814.104(b), Government Code, is amended
84	87		to read as follows:
85	88		(b) A member is eligible to retire and receive a service
86	89		retirement annuity if the member:
87	90		(1) [who] is at least 55 years old; and
88	91		(2) [who] has at least 10 years of service credit as a:
89	92		(A) law enforcement officer; [commissioned peace
90	93		officer engaged in criminal law enforcement activities of the
91	94		Department of Public Safety, the Texas Alcoholic Beverage
92	95		Commission, the Parks and Wildlife Department, or the office of
93	96		inspector general at the Texas Juvenile Justice Department,] or
94	97		(B) [as a] custodial officer[, is eligible to
95	98		retire and receive a service retirement annuity].
96	99		SECTION 4. Section 815.505, Government Code, is amended to
97	100		read as follows:
98	101		Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
99	102		CUSTODIAL OFFICERS. Not later than the 12th day of the month
100	103		following the month in which a person begins or ceases employment as
101	104		a law enforcement officer or custodial officer, the governmental
102	105		entity that employs or ceased employing the law enforcement officer
103	106		or custodial officer [Public Safety Commission, the Texas Alcoholic
104	107		Beverage Commission, the Parks and Wildlife Commission, the office
105	108		of inspector general at the Texas Juvenile Justice Department, the
106	109		Board of Pardons and Paroles, or the Texas Board of Criminal
107	110		Justice], as applicable, shall certify to the retirement system, in
108	111		the manner prescribed by the system, the name of the employee and
109	112		such other information as the system determines is necessary for
110	113		the crediting of service and financing of benefits under this
111	114		subtitle.
112	115		SECTION 5. (a) Subject to Subsection (b) or (c) of this
113	116		section, as applicable, the changes in law made by this Act apply to
114	117		a member of the Employees Retirement System of Texas who is employed
115	118		by the Texas Juvenile Justice Department, the comptroller, or the
116	119		attorney general as a law enforcement officer or custodial officer,
117	120		as applicable, on or after the effective date of this Act,
118	121		regardless of whether the member was hired before, on, or after the
119	122		effective date of this Act.
120	123		(b) This subsection applies only to a member described by
121	124		Subsection (a) of this section and not subject to Subsection (c) of
122	125		this section who, on December 1, 2024, was employed in a law
123	126		enforcement officer or custodial officer position with the Texas
124	127		Juvenile Justice Department, the comptroller, or the attorney
125	128		general, as applicable. Service credit earned by the member before
126	129		the effective date of this Act in a position for which service is
127	130		creditable as a law enforcement officer or custodial officer under
128	131		Subtitle B, Title 8, Government Code, as amended by this Act, is
129	132		considered service credit established as a law enforcement officer
130	133		or custodial officer, as applicable, for purposes of determining
131	134		the benefits payable from the law enforcement and custodial officer
132	135		supplemental retirement fund.
133	136		(c) This subsection applies only to a member described by
134	137		Subsection (a) of this section who is subject to Chapter 820,
135	138		Government Code. The member may establish service credit as a law
136	139		enforcement officer or custodial officer with the Texas Juvenile
137	140		Justice Department, the comptroller, or the attorney general, as
138	141		applicable, only for service performed on or after the effective
139	142		date of this Act.
140	143		(d) As soon as practicable after the effective date of this
141	144		Act, the board of trustees of the Employees Retirement System of
142	145		Texas, in consultation with the Texas Juvenile Justice Department,
143	146		the comptroller, and the attorney general, shall adopt rules
144	147		necessary to implement the changes in law made by this Act.
145	148		(e) The Texas Juvenile Justice Department, the comptroller,
146	149		and the attorney general shall:
147	150		(1) as soon as practicable after the effective date of
148	151		this Act, certify to the Employees Retirement System of Texas, in
149	152		the form and manner prescribed by the board of trustees of the
150	153		retirement system:
151	154		(A) the name of each member who is employed by the
152	155		department, comptroller, or attorney general as a law enforcement
153	156		officer or custodial officer on the effective date of this Act;
154	157		(B) if the member is subject to Subsection (b) of
155	158		this section, the amount of service credit established by the
156	159		member as a law enforcement officer or custodial officer before the
157	160		effective date of this Act; and
158	161		(C) any other information the retirement system
159	162		determines is necessary to credit law enforcement officer or
160	163		custodial officer service in accordance with the changes in law
161	164		made by this Act; and
162	165		(2) beginning with the first pay period that occurs
163	166		after the effective date of this Act and with respect to each member
164	167		employed by the department, comptroller, or attorney general as a
165	168		law enforcement officer or custodial officer, begin making
166	169		deductions and collecting member contributions for the law
167	170		enforcement and custodial officer supplemental retirement fund as
168	171		prescribed by Section 815.402(h) or 820.101(b), Government Code, as
169	172		applicable.
170	173		SECTION 6. (a) The Employees Retirement System of Texas is
171	174		required to implement this Act only if the board of trustees of the
172	175		Employees Retirement System of Texas finds that the 89th
173	176		Legislature appropriated money to the retirement system in an
174	177		amount sufficient to implement Section 5(b) of this Act, without
175	178		increasing the unfunded actuarial liabilities of the retirement
176	179		system. The amount appropriated by the 89th Legislature to
177	180		implement Section 5(b) of this Act must be in addition to any
178	181		amounts the state is required to contribute to the retirement
179	182		system under Subchapter E, Chapter 815, Government Code. If the
180	183		board of trustees of the Employees Retirement System of Texas finds
181	184		that the 89th Legislature did not appropriate money in an amount
182	185		sufficient to implement Section 5(b) of this Act without increasing
183	186		the unfunded actuarial liabilities of the retirement system, the
184	187		retirement system may not implement this Act.
185	188		(b) Not later than October 1, 2025, the board of trustees of
186	189		the Employees Retirement System of Texas shall make and publish in
187	190		the Texas Register:
188	191		(1) its finding under Subsection (a) of this section;
189	192		and
190	193		(2) a statement regarding whether, as a result of its
191	194		finding, the retirement system is or is not implementing this Act.
192	195		SECTION 7. This Act takes effect September 1, 2025.
	196	+	* * * * *