HBA-SEB H.B. 3219 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3219
By: Gallego
Pensions and Investments
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, most state law enforcement officers are members of the
employee class of the Employees Retirement System of Texas (ERS), with the
exception of law enforcement officers who are commissioned and employed by
institutions of higher education.  Those officers contribute to the Teacher
Retirement System of Texas.  Law enforcement officers who are members of
ERS receive retirement benefits based on a higher multiplier than other
members of ERS.  H.B. 3219 includes in the membership of ERS a law
enforcement officer who is commissioned and employed by an institution of
higher education. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 811.001, Government Code, by amending
Subdivision (9) and adding Subdivision (18), to redefine "law enforcement
officer" and to provide that "institution of higher education" has the
meaning assigned by Section 61.003, Education Code (Definitions). 

SECTION 2.  Amends Section 812.003(a), Government Code, to include in the
employee class of the Employees Retirement System of Texas (ERS) those law
enforcement officers commissioned and employed by an institution of higher
education except persons disqualified from membership under Section 812.201
(Eligibility for Retirement System Membership) or 812.004 (Temporary
Employees Over 65) and except as provided by Subsection (b) (regarding
other public retirement systems).  Redesignates Subdivisions (1)-(3) to
Subdivisions (1)(A)-(C). 

SECTION 3.  Amends Section 814.104(b), Government Code, to make a
conforming change. 

SECTION 4.  Amends Section 815.505, Government Code, to make a conforming
change. 

SECTION 5.  Amends Section 821.001(6), Government Code, to provide that
within the Teacher Retirement System of Texas (TRS), the term "employee"
does not include a person employed as a law enforcement officer by an
institution of higher education. 

SECTION 6.  Amends Section 822.002, Government Code, by adding Subsection
(c), as follows: 

(c)  Provides that a person commissioned and employed as a law enforcement
officer by an institution of higher education is not a member of TRS. 

SECTION 7.  (a)  Provides that all persons who were commissioned and
employed on August 31, 1999, as law enforcement officers by an institution
of higher education who were contributing members of TRS on that date and
who remain in employment on September 1, 1999, become members of ERS on the
latter date.   

(b)  Establishes that service credit in TRS as a commissioned law
enforcement officer by a person who transfers retirement system membership
will be considered as credit in ERS for  the purpose of determining
eligibility for benefits from ERS. 

(c)  Requires TRS and ERS to make a computation and transfer money in the
manner provided by Section 805.008, Government Code (Responsibility for
Benefit Payments) at the time of the retirement or death of a person whose
membership is transferred.  Provides that the person's service credit as a
law enforcement officer in TRS will be transferred to ERS.  

SECTION 8.  Requires each institution of higher education, before October
1, 1999, to certify to ERS, in the manner prescribed by ERS, the name of
each person employed by the institution on September 1, 1999, as a law
enforcement officer and such other information as ERS determines necessary
for the crediting of service and financing of benefits.   

SECTION 9.  Effective date: September 1, 1999.

SECTION 10.  Emergency clause.