HBA-GUM H.J.R. 92 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 92
By: Luna, Vilma
Pensions and Investments
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

A letter opinion (l097-113(1997)) issued by the Office of the Attorney
General has indicated that persons retiring before the enactment of a law
authorizing additional pension benefits are ineligible for such benefits.
Accordingly, the board of trustees of the Corpus Christi Fire Fighters'
Retirement System determined that it could not authorize pension increases
for the widows of seven retired fire fighters. 

As proposed, H.J.R. 92 requires the submission to the voters of a
constitutional amendment authorizing a public retirement system to provide
benefits before or after the retirement or death of the members or retirees
of the system. 

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 67(a), Article XVI, Texas Constitution, by
adding Subdivision (5), as follows: 

(5)  Authorizes a public retirement system, created by a governmental
entity, to provide benefits to its members and retirees and their
beneficiaries before or after the retirement or death of the person the
benefits are provided for.  Provides that this is a statement of the common
law.  Makes application of this Act prospective. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election held on November 2, 1999. Sets forth the
required language for the ballot.