Legislative Blog

J.B. Williams, J.D.

2 bill that modify the Government Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 139 - Failure to include the bill number does not invalidate actions taken.

SB 10 - The Teacher's Retirement System of Texas made a one-time cost-of-living adjustment for those retired teachers that were eligible.

2 bill that modify the Government Code

Published: 2024-04-23

HB 139

State agency rules that the agency fails to include in the published summary the bill number that enacted the statutory authority for the rule does not invalidate the rules or any action taken under the rule. This only applies to rules proposed by an agency under a proposed bill that would authorize the rule and became law during the preceding four-year period. The state agency must also provide the rule to the primary author or sponsor of the bill if they are currently a member of the legislature.

SB 10

This is the item on the ballot for the cost-of-living for some retired teachers. Since it passed it became law effective immediately.

The one-time cost-of-living adjustment is payable to those receiving monthly death or retirement benefit that meets the following conditions:

1. the individual is receiving a standard service or disability retirement annuity payment;
   • they are living and have retired on or before August 31, 2020;
2. the individual is receiving the optional service or disability retirement annuity payment as either a retiree or beneficiary;
   • they are living and have retired on or before August 31, 2020;
3. an annuity payment under Section 824.402(a)(3) or (4) [This is the benefit to a beneficiary of a teacher who died while still teaching];
   • the date of death of the member of the retirement system must have been on or before August 31, 2020;
4. an annuity payment under Section 824.502 [This is the benefit to a beneficiary of a deceased disabled retiree]; or
   • the date of death of the member of the retirement system must have been on or before August 31, 2020;
5. an alternate payee annuity paymnet under Section 804.005 [This is a benefit paid to someone who divorced a teacher and had been awarded benefits in the divorce proceeding].
   • the effective date of the annuitant's election to receive the annuity was on or before August 31, 2020

The following conditions do not qualify for the one time cost-of-living adjustment:

1. If an election was made to received a fixed amount;
2. disability retiree had less than 10 years of service credit;
3. if the disabled retiree chose a fixed amount;
4. if the survivor benefit of a retiree chose a fixed amount;
5. the participants in the deferred retirement option plan with regard to payments from that plan.

The adjustment was made January 2024. Benefits beginning on or prior to August 31, 2001 received a 6% increase; those after August 31, 2001 but before August 31, 2013 receive a 4% increase; and those after August 31, 2013 but before August 31, 2020 receive a 2% increase.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.