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  S.B. No. 366
 
 
 
 
AN ACT
  relating to the authority of political subdivisions to offer
  certain deferred compensation plans to employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 609.006, Government
  Code, is amended to read as follows:
         (a)  A deferred compensation plan must conform to federal law
  to provide that deferred amounts and investment income are not
  includable, for federal income tax purposes, in the gross income of
  a participating employee until distributed to the employee, subject
  to the employee's option to designate or convert all or a portion of
  deferred amounts as or to Roth contributions under Section 609.1025
  or 609.5021, as applicable, the federal income tax treatment of
  which is governed by Section 402A, Internal Revenue Code of 1986.
         SECTION 2.  Subchapter B, Chapter 609, Government Code, is
  amended by adding Section 609.1025 to read as follows:
         Sec. 609.1025.  ROTH CONTRIBUTION PROGRAMS. A political
  subdivision may:
               (1)  establish a qualified Roth contribution program in
  accordance with Section 402A, Internal Revenue Code of 1986, under
  which an employee may:
                     (A)  designate all or a portion of the employee's
  contribution under a 401(k) plan as a Roth contribution at the time
  the contribution is made; or
                     (B)  convert all or a portion of the employee's
  previous contribution under the plan to a Roth contribution; and
               (2)  if authorized by federal law, establish a program
  in accordance with the applicable federal law under which an
  employee may:
                     (A)  designate all or a portion of the employee's
  contribution under a 457 plan as a Roth contribution at the time the
  contribution is made; or
                     (B)  convert all or a portion of the employee's
  previous contribution under the plan to a Roth contribution.
         SECTION 3.  Subchapter B, Chapter 609, Government Code, is
  amended by adding Section 609.1175 to read as follows:
         Sec. 609.1175.  LOANS UNDER 457 PLAN. The plan
  administrator of a 457 plan may develop and implement procedures to
  efficiently administer a program under the plan that allows a
  qualified vendor to lend money to a participating employee.
         SECTION 4.  (a)  The legislature validates an act taken
  before the effective date of this Act by a political subdivision to
  establish and administer:
               (1)  a qualified Roth contribution program in
  accordance with Section 402A, Internal Revenue Code of 1986;
               (2)  a program in accordance with federal law under
  which an employee may designate or convert all or a portion of the
  employee's contribution under a 457 plan as or to a Roth
  contribution at the time the contribution is made; or
               (3)  a loan program under a 457 plan.
         (b)  Subsection (a) of this section does not apply to a
  matter that on the effective date of this Act:
               (1)  is involved in litigation, if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 366 passed the Senate on
  March 27, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 366 passed the House on
  May 2, 2013, by the following vote:  Yeas 147, Nays 0, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor