Bill Text: TX HB3890 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to prohibiting benefits for same-sex spouses under a public retirement system.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [HB3890 Detail]
Download: Texas-2015-HB3890-Introduced.html
84R9520 SGA-D | ||
By: Stephenson | H.B. No. 3890 |
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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. |