Texas Attorney General Opinion: JM-1142 Page: 3 of 28
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Honorable Hugh Parmer - Page 3 (JM-1142)
(c) Local Retirement Systems. (1) The
legislature shall provide by law for:
(A) the creation by any city or county of
a system of benefits for its officers and
employees;
(B) a statewide system of benefits for
the officers and employees of counties or
other political subdivisions of the state in
which counties or other political
subdivisions may voluntarily participate; and
(C) a statewide system of benefits for
officers and employees of cities in which
cities may voluntarily participate.
(e) Anticipatory Legislation. Legislation
enacted in anticipation of this amendment is
not void because it is anticipatory.
(Emphasis added.)
Section 67 was enacted at the same time that several
other sections of the constitution were repealed. Acts
1975, S.J.R. 3.2 The Bill Analysis prepared for S.J.R. No.
3 stated:
2. Section 48a of article III, adopted in 1936, and
granted the legislature the authority to establish a
retirement fund for employees of public schools, colleges,
and universities. S.J.R. 18, Acts 1935, 44th Leg., at 1219.
Section 48b of article III, adopted in 1965, created in the
constitution the Teachers .Retirement System. S.J.R. 27,
Acts 1965, 59th Leg., at 2201.
Section 51e of article III, adopted in 1943, permitted
incorporated cities and towns to create municipal retirement
systems and disability pensions. H.J.R. 8, Acts 1943, 48th
Leg., 1, at 1142.. Section 51f of article III, also
adopted in 1943, permitted the legislature to provide for a
statewide system of retirement and disability benefits for
municipal officers and employees. H.J.R. 8, Acts 1943, 48th
(Footnote continued)p. 6014
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1142, text, February 12, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273580/m1/3/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.