Texas House Bill HB 5167

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to membership in the Employees Retirement System of Texas by certain service members of the Texas National Guard.

Summary

HB 5167 would expand eligibility for membership in the Employees Retirement System of Texas (ERS) for certain Texas National Guard service members. Under the bill, a Guard member who is called into state active duty and becomes a temporary state employee for 60 consecutive days or more would be eligible to join the ERS employee class while serving in that status and receiving state compensation. The bill also directs ERS to adopt rules on membership, service credit, contribution collection, and benefit calculations for these members. The bill amends existing Government Code provisions governing temporary state employee status and ERS membership. It clarifies that temporary state employee status does not apply to federal civil servants or members on active guard reserve status, including those serving under Title 10 or Title 32 orders, and it adds a new section specifically covering qualifying Texas National Guard members. The bill applies only to service on or after its effective date, September 1, 2025, with a transition rule for certain members already serving 60 days or more on that date.

Impact

HB 5167 would change state retirement law by adding a new category of eligible ERS members: Texas National Guard service members on qualifying state active duty for at least 60 consecutive days. This would affect the Employees Retirement System of Texas by requiring it to establish procedures for enrollment, contributions, service credit, and benefit computation for these temporary state employees. The bill also includes a limited retroactivity/transition provision for members already serving on the effective date, while making clear that only service after September 1, 2025 is creditable under the new eligibility rule.

Sentiment

The available context suggests generally favorable or at least noncontroversial treatment of the bill, but there is limited evidence because no committee transcript or recorded votes were provided. The bill was referred to the House and Senate Pensions, Investments & Financial Services committees, indicating it was being handled as a retirement-system policy measure rather than a broader partisan issue. Based on the text, the bill appears aimed at providing retirement coverage for a specific class of state service members, which is typically framed as a benefit and recognition measure.

Contention

The main policy questions raised by the bill are administrative and fiscal rather than ideological: whether temporary state employees in the Texas National Guard should receive ERS membership after 60 days, how service credit and contributions should be calculated, and how the retirement system should implement the change. The bill also draws a line excluding federal civil servants and active guard reserve members, including those on Title 10 or Title 32 orders, which could be a point of distinction for affected service members. No explicit opposition or controversy is documented in the provided materials, so any contention appears limited to implementation details and eligibility boundaries.