Text of TX HB 3890 (2015)
Relating to prohibiting benefits for same-sex spouses under a public retirement system.
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
3,210 characters
84R9520 SGA-D
By: Stephenson
H.B. No. 3890
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting benefits for same-sex spouses under a
public retirement system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.204(c), Family Code, is amended to
read as follows:
(c) The state or an agency or political subdivision of the
state, including a public retirement system as that term is defined
by Section 802.001, Government Code, may not give effect to a:
(1) public act, record, or judicial proceeding that
creates, recognizes, or validates a marriage between persons of the
same sex or a civil union in this state or in any other
jurisdiction; or
(2) right or claim to any legal protection, benefit,
or responsibility asserted as a result of a marriage between
persons of the same sex or a civil union in this state or in any
other jurisdiction.
SECTION 2. Chapter 810, Government Code, is amended by
adding Section 810.003 to read as follows:
Sec. 810.003. PROHIBITION ON BENEFITS FOR SAME-SEX SPOUSE.
(a) In this section:
(1) "Public retirement system" has the meaning
assigned by Section 802.001.
(2) "Spouse" includes the terms "husband," "wife," and
"marital partner" and a partner in a civil union.
(b) Notwithstanding any other law, rule, or policy of a
public retirement system, a same-sex spouse of a member or retiree
of a public retirement system may not be considered eligible for
benefits provided by the system under a law, rule, or policy that
defines the term "spouse" in a way that includes or allows the
spouse of the member or retiree to be a person of the same sex as the
member or retiree.
(c) A public retirement system may not adopt a rule or
policy that would make a same-sex spouse eligible for benefits
under the retirement system by:
(1) defining the term "spouse" in a way that includes
or allows the spouse of a member or retiree to be a person of the
same sex as the member or retiree; or
(2) using means other than those described by
Subdivision (1).
SECTION 3. 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, 2015.