TexasHB 359489th Legislature Regular SessionHouseWALLET

Relating to the administration of a retirement health care plan for firefighters and police officers in certain municipalities.

Sponsored By: Mark Dorazio, Barbara Gervin-Hawkins, Marc LaHood, John Lujan, José Menéndez (Democratic)

Signed by Governor

City Government--Employees/OfficersFamily--Marriage RelationshipFire Fighters & Police--GeneralMilitary & VeteransRetirement Systems--MunicipalRetirement Systems--Police & FirefightersFAMILY & MEDICAL LEAVE

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 2 benefits, 3 costs, 5 mixed.

Permanent waivers end retiree health rights

A person entitled to plan health benefits can give them up using the board’s required waiver form and process. This general waiver permanently ends the person’s right to benefits under the Act. Benefits cannot be restored under this waiver, unlike the separate conditional waiver for married fund members.

Retirees face payments and coverage loss

For retirements on or after October 1, 2025, retirees with under 360 service months and affected surviving spouses must continue contributions. Payments last until Medicare eligibility or until service reaches 360 months, whichever comes first; disability retirees face a 120-month cap. Monthly payments are due by month-end, starting the month after retirement. Late payments earn interest until paid, using the default rate in effect on the first day of the due month. That rate is the fund actuary’s assumed investment return. The board may end benefits for missed required payments.

Who qualifies for retiree health benefits

Under this municipal plan, firefighters and police officers count as retirees only if they retired after September 30, 1989. They must have retired under the pension act. The law broadens the beneficiary definition to cover retirees, spouses, and eligible dependents entitled to benefits under the full eligibility section. The plan provides only benefits specifically established by the Act.

Surviving spouses may keep remarriage coverage

The board may let a deceased retiree’s surviving spouse keep health coverage after remarrying. Continued coverage requires a board change to the plan; the law does not guarantee it. The board can make this change even if it increases the fund’s projected funding shortfall. The law’s remarriage provisions apply to remarriages on or after October 1, 2025.

Retiree families face higher health costs

The plan adds deductible and out-of-pocket limit increases from two parts of the Act rather than substituting one for another. This can raise the most beneficiaries pay for care. The board may also charge premiums for dependent-child coverage, but the law does not require those premiums. These provisions give no dollar amounts for the increases or premiums.

Married fund members get conditional waivers

When both spouses are fund members and formally married under Texas law, the first to retire can waive health benefits. The retiree must elect within 30 days after retirement and owes no related contributions while the waiver lasts. After the marriage dissolves, the retiree has 30 days to file the board’s reinstatement form and must resume monthly contributions. The first payment is due at month-end following the month the fund receives and accepts the election. Separately, current or potential fund health benefits cannot be divided as marital property.

Military service credit requires timely payments

The plan counts full service months from fund membership until retirement or employment ends. It excludes unpurchased military service, other unpurchased unpaid leave, and unpaid leave imposed by the municipality. Members can buy uncredited U.S. uniformed service by paying what they would have contributed while working for the department. The payment window is three times the service absence, capped at five years; missing it means losing that credit. When the member meets payment requirements, the municipality must pay its corresponding share.

Retirees can choose one upfront payment

For retirements on or after October 1, 2025, retirees or surviving spouses owing contributions can choose one payment instead. The amount equals the monthly contribution at retirement times the smaller of two month counts. Those counts are months to age 65 and months needed to reach 360 service months, or 120 for disability retirees. The written election must follow the board’s rules, precede payment, and cannot be reversed. Full payment is due within 30 days after retirement and is nonrefundable.

Workers can buy family leave credit

Fund members can buy service credit for an entire unpaid leave period under the federal Family and Medical Leave Act. Members must pay the contributions they would have made, in full, within 30 days after returning to work. When members choose this credit, the municipality must pay its corresponding share within 60 days after their return. Members who miss their payment deadline get no credit for the leave.

Retiree health fund gains creditor protection

The law protects retiree health fund assets from creditor seizure, forced sale, and transfer away from the fund. Creditors cannot file or establish judgment liens against those assets. Any such filing is void, helping preserve fund resources for beneficiaries.

Sponsors & Cosponsors

Sponsors

  • Mark Dorazio

    House

  • Barbara Gervin-Hawkins

    House

  • Marc LaHood

    House

  • John Lujan

    House

  • José Menéndez

    Democratic • Senate

Cosponsors

  • Salman Bhojani

    House

  • Josey Garcia

    House

Roll Call Votes

All Roll Calls

Yes: 360 • No: 0

Senate vote • 5/19/2025

Record vote

Yes: 31 • No: 0

Senate vote • 5/19/2025

Record vote

Yes: 31 • No: 0

House vote • 5/8/2025

Record vote

Yes: 146 • No: 0

House vote • 5/7/2025

Record vote

Yes: 129 • No: 0

House vote • Unknown

Committee vote: Pensions, Investments & Financial Services

Yes: 8 • No: 0

Senate vote • Unknown

Committee vote: Finance

Yes: 15 • No: 0

Actions Timeline

  1. Effective on . . . . . . . . . . . . . . . (October 1, 2025)

    5/29/2025House
  2. Signed by the Governor

    5/29/2025House
  3. Sent to the Governor

    5/20/2025House
  4. Signed in the Senate

    5/20/2025Senate
  5. Signed in the House

    5/20/2025House
  6. Reported enrolled

    5/19/2025House
  7. Senate passage reported

    5/19/2025House
  8. Record vote

    5/19/2025Senate
  9. Passed

    5/19/2025Senate
  10. Read 3rd time

    5/19/2025Senate
  11. Record vote

    5/19/2025Senate
  12. Three day rule suspended

    5/19/2025Senate
  13. Vote recorded in Journal

    5/19/2025Senate
  14. Read 2nd time & passed to 3rd reading

    5/19/2025Senate
  15. Rules suspended-Regular order of business

    5/19/2025Senate
  16. Placed on intent calendar

    5/16/2025Senate
  17. Committee report printed and distributed

    5/14/2025Senate
  18. Recommended for local & uncontested calendar

    5/14/2025Senate
  19. Reported favorably w/o amendments

    5/14/2025Senate
  20. Vote taken in committee

    5/14/2025Senate
  21. Testimony taken in committee

    5/14/2025Senate
  22. Considered in public hearing

    5/14/2025Senate
  23. Scheduled for public hearing on . . .

    5/14/2025Senate
  24. Referred to Finance

    5/9/2025Senate
  25. Read first time

    5/9/2025Senate

Bill Text

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