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AN ACT
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relating to the powers of certain hospital districts and to the |
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retirement benefits of employees of the districts and related |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 803.203, Government Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsection (h) to |
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read as follows: |
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(a) Except as provided by Subsection (g), a person who is a |
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member of a retirement system participating in the program provided |
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by this chapter may reestablish service credit, including prior |
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service credit if applicable, previously canceled in another |
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retirement system that is participating in the program provided by |
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this chapter if the person: |
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(1) is not a current member of the system under which |
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the service was performed; [or] |
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(2) in the case of the Texas County and District |
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Retirement System, does not have an open account with the |
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subdivision for which the person performed the service for which |
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the credit is sought; or |
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(3) in the case of an employee to whom Section 803.204 |
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applies, does not have an open account with the employing hospital |
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district, charitable organization, or administrative agency, as |
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applicable, for which the person performed the service for which |
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the credit is sought. |
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(c) Except as provided by Subsection (f), the retirement |
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system in which the service credit was originally credited shall |
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grant the service credit after receiving an application and a |
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certification required by Subsection (b) and: |
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(1) to reestablish service credit other than in the |
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Texas County and District Retirement System, [or] the Texas |
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Municipal Retirement System, or the retirement system in which a |
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hospital district, charitable organization, or administrative |
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agency described by Section 803.204 participates, a contribution in |
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the amount generally required to reestablish service credit in the |
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system, including any applicable interest and membership fees; |
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(2) to reestablish service credit in the Texas County |
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and District Retirement System, [or] the Texas Municipal Retirement |
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System, or the retirement system in which a hospital district, |
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charitable organization, or administrative agency described by |
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Section 803.204 participates, a statement that the applicant does |
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not wish to make a contribution for the service credit; or |
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(3) at the applicant's option, to reestablish current |
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service credit in the Texas County and District Retirement System, |
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the actuarial present value of the additional standard service |
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benefits that would be attributable to the credit based on rates and |
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tables recommended by the actuary and adopted by the board of |
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trustees of the system. |
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(e) Service credit [reestablished] in the Texas County and |
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District Retirement System, [or] the Texas Municipal Retirement |
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System, or the retirement system in which a hospital district, |
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charitable organization, or administrative agency described by |
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Section 803.204 participates that is reestablished under |
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Subsection (c)(2) may be used only to meet eligibility requirements |
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for benefits. Service credit reestablished in the Texas County and |
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District Retirement System or the Texas Municipal Retirement System |
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[either system] under Subsection (c)(3) or (d) has the same value as |
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service credit performed for the particular subdivision or |
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municipality at the time of deposit. The credit is creditable to |
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the member's and employer's accounts in each subdivision or |
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municipality for which the service was performed. |
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(h) This section applies to an employee described by Section |
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803.204 on the date the federal government establishes as the |
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effective date of the transfer of federally qualified health center |
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status from a municipality described by Section 803.0021(1) to a |
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hospital district, charitable organization, or administrative |
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agency described by Section 803.204. |
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SECTION 2. Section 803.204, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) This section applies only to an employee who: |
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(1) is a member of a municipal retirement system |
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described by Section 803.0021(1); |
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(2) is employed by a hospital district, a charitable |
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organization supervised, overseen, and effectively controlled |
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[created] by the hospital district, or an administrative agency |
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created under Section 791.013, either before or after being |
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employed by the employing municipality located in the same county |
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as the hospital district, charitable organization, or |
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administrative agency; and |
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(3) participates in a public retirement system: |
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(A) that is determined to be a qualified plan |
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under Section 401(a), Internal Revenue Code of 1986 (26 U.S.C. |
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Section 401(a)), of a hospital district, charitable organization, |
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or administrative agency that is determined to be a governmental |
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unit, or an agency or an instrumentality of a governmental unit; and |
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(B) that records and reports service credit as |
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defined by Section 803.001. |
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(d) For purposes of this section, a charitable organization |
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supervised, overseen, and effectively controlled by a hospital |
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district or an administrative agency created under Section 791.013 |
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is an agency or instrumentality of a governmental unit. |
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SECTION 3. Section 61.056, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A hospital district created in a county with a |
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population of more than 800,000 that was not included in the |
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boundaries of a hospital district before September 1, 2003, may |
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provide or arrange to provide health care services for eligible |
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residents through the purchase of health coverage or other health |
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benefits, including benefits described by Chapter 75. For purposes |
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of this subsection, the board of managers of the district has the |
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powers and duties provided to the commissioners court of a county |
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under Chapter 75. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1063 passed the Senate on |
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April 24, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1063 passed the House on |
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May 15, 2009, by the following vote: Yeas 144, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |