Bill Text: TX HB1611 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to eligibility for custodial officer service in the Employees Retirement System of Texas by certain juvenile correctional officers and caseworkers employed by the Texas Juvenile Justice Department.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-12-13 - Filed [HB1611 Detail]
Download: Texas-2025-HB1611-Introduced.html
89R1444 RDR-D | ||
By: Lujan | H.B. No. 1611 |
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relating to eligibility for custodial officer service in the | ||
Employees Retirement System of Texas by certain juvenile | ||
correctional officers and caseworkers employed by the Texas | ||
Juvenile Justice Department. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 811.001, Government Code, is amended by | ||
amending Subdivision (8) and adding Subdivision (8-b) to read as | ||
follows: | ||
(8) "Custodial officer": | ||
(A) means a member of the retirement system who | ||
is employed: | ||
(i) by the Board of Pardons and Paroles or | ||
the Texas Department of Criminal Justice as a parole officer or | ||
caseworker; | ||
(ii) by the Texas Juvenile Justice | ||
Department as a juvenile correctional officer or caseworker; or | ||
(iii) [ |
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institutions division of the Texas Department of Criminal Justice | ||
and certified by the department as having a normal job assignment | ||
that requires frequent or infrequent regularly planned contact | ||
with, and [ |
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correctional institutions division without the protection of bars, | ||
doors, security screens, or similar devices and includes | ||
assignments normally involving supervision or the potential for | ||
supervision of inmates in inmate housing areas, educational or | ||
recreational facilities, industrial shops, kitchens, laundries, | ||
medical areas, agricultural shops or fields, or in other areas on or | ||
away from property of the department; and | ||
(B) [ |
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from the Texas Department of Criminal Justice to the managed health | ||
care unit of The University of Texas Medical Branch or the Texas | ||
Tech University Health Sciences Center pursuant to Section 9.01, | ||
Chapter 238, Acts of the 73rd Legislature, 1993, elects at the time | ||
of transfer to retain membership in the retirement system, and is | ||
certified by the managed health care unit or the health sciences | ||
center as having a normal job assignment described by Paragraph | ||
(A)(iii) [ |
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(8-b) "Juvenile correctional officer" has the meaning | ||
assigned by Section 242.009, Human Resources Code. | ||
SECTION 2. Section 813.506, Government Code, is amended by | ||
adding Subsection (b-1) and amending Subsection (c) to read as | ||
follows: | ||
(b-1) To be creditable as custodial officer service under | ||
the Texas Juvenile Justice Department, service must be performed as | ||
a juvenile correctional officer or caseworker. | ||
(c) The Texas Department of Criminal Justice, the managed | ||
health care unit of The University of Texas Medical Branch or the | ||
Texas Tech University Health Sciences Center, the Texas Juvenile | ||
Justice Department, or the Board of Pardons and Paroles, as | ||
applicable, shall determine a person's eligibility to receive | ||
credit as a custodial officer. A determination under this | ||
subsection [ |
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by an employee but is subject to change by the retirement system. | ||
SECTION 3. Section 815.505, Government Code, is amended to | ||
read as follows: | ||
Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND | ||
CUSTODIAL OFFICERS. Not later than the 12th day of the month | ||
following the month in which a person begins or ceases employment as | ||
a law enforcement officer or custodial officer, the Public Safety | ||
Commission, the Texas Alcoholic Beverage Commission, the Parks and | ||
Wildlife Commission, the office of inspector general at the Texas | ||
Juvenile Justice Department, the Texas Juvenile Justice | ||
Department, the Board of Pardons and Paroles, or the Texas Board of | ||
Criminal Justice, as applicable, shall certify to the retirement | ||
system, in the manner prescribed by the system, the name of the | ||
employee and such other information as the system determines is | ||
necessary for the crediting of service and financing of benefits | ||
under this subtitle. | ||
SECTION 4. (a) The changes in law made by this Act apply: | ||
(1) to a member of the Employees Retirement System of | ||
Texas who is employed by the Texas Juvenile Justice Department as a | ||
juvenile correctional officer or caseworker on or after the | ||
effective date of this Act regardless of whether the member was | ||
hired by the department before, on, or after the effective date of | ||
this Act; and | ||
(2) except as provided by Subsection (b) of this | ||
section, only to service credit that is established on or after the | ||
effective date of this Act. | ||
(b) Service credit established by a member who is employed | ||
by the Texas Juvenile Justice Department as a juvenile correctional | ||
officer or caseworker and who is not subject to Chapter 820, | ||
Government Code, that was earned by the member in the position of a | ||
juvenile correctional officer or caseworker before the effective | ||
date of this Act, is considered service credit established as a | ||
custodial officer for purposes of determining the benefits payable | ||
from the law enforcement and custodial officer supplemental | ||
retirement fund. | ||
(c) Notwithstanding Subsection (b) of this section, a | ||
member subject to that subsection may not receive benefits payable | ||
from the law enforcement and custodial officer supplemental | ||
retirement fund based on the service credit described by that | ||
subsection if the member retires before September 1, 2027. | ||
(d) As soon as practicable after the effective date of this | ||
Act, the board of trustees of the Employees Retirement System of | ||
Texas, in consultation with the Texas Juvenile Justice Department, | ||
shall adopt rules necessary to implement the changes in law made by | ||
this Act. | ||
(e) The Texas Juvenile Justice Department shall: | ||
(1) as soon as practicable after the effective date of | ||
this Act, certify to the Employees Retirement System of Texas, in | ||
the form and manner prescribed by the board of trustees of the | ||
retirement system: | ||
(A) the name of each member who is employed by the | ||
department as a juvenile correctional officer or caseworker on the | ||
effective date of this Act; | ||
(B) if the member is subject to Subsection (b) of | ||
this section, the amount of service credit established by the | ||
member as a juvenile correctional officer or caseworker before the | ||
effective date of this Act; and | ||
(C) any other information the retirement system | ||
determines is necessary to credit custodial officer service in | ||
accordance with the changes in law made by this Act; and | ||
(2) beginning with the first pay period that occurs | ||
after the effective date of this Act and with respect to each member | ||
employed by the department as a juvenile correctional officer or | ||
caseworker, begin making deductions and collecting contributions | ||
for the law enforcement and custodial officer supplemental | ||
retirement fund as prescribed by Section 815.402(h) or 820.101(b), | ||
Government Code, as applicable. | ||
SECTION 5. This Act takes effect September 1, 2025. |