PART 11. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM
CHAPTER 302. GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM
The Board of Trustees (the "Board") of the Texas Emergency Services Retirement System (the "System") proposes an amendment to Chapter 302, General Provisions Relating to the Texas Emergency Services Retirement System, 34 Texas Administrative Code (TAC) §302.1 to add a definition for the term "spouse" as used for purposes of the System, including eligibility for spousal death benefits, and to set forth the requirements for proving the existence of an informal marriage. The purpose of this amendment is to ensure the efficient administration of the System by establishing clear requirements for proving a legally recognized spousal relationship exists and eliminating any ambiguity or uncertainty for the member, beneficiary or the System.
FISCAL NOTE ON STATE AND LOCAL GOVERNMENTS. Jessica Almaguer, Executive Director of the Texas Emergency Services Retirement System, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal impact to state or local governments as a result of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4) because the amendments do not impose a cost on state or local governments.
LOCAL EMPLOYMENT IMPACT. Ms. Almaguer has determined that the proposed amendments would not impact a local economy. Therefore, a local employment impact statement is not required under Texas Government Code §2001.022 and §2001.024(a)(6).
PUBLIC BENEFIT AND COST NOTE. Ms. Almaguer has determined under Texas Government Code §2001.024(a)(5) that for each of the first five years the proposed amendments would be in effect, the public benefit will be the cleanup, clarification, and refinement of continuing education requirements and the enhanced alignment of continuing education activities with content that directly concerns occupational therapy and ensures the health, safety, and welfare of the public. There would not be an additional anticipated economic cost to persons required to comply with the proposed amendments.
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Almaguer has determined there would be no costs or adverse economic effects on small businesses, micro-businesses, or rural communities. Therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002.
TAKINGS IMPACT ASSESSMENT. Ms. Almaguer has determined that no private real property interests are affected by these proposed amendments and that these amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, these amendments do not constitute a taking under Texas Government Code §2007.043.
GOVERNMENT GROWTH IMPACT STATEMENT. Ms. Almaguer has determined under Texas Government Code §2001.0221 that during the first five years the rules would be in effect:
(1) the rule will not create or eliminate a government program;
(2) the rule will not require the creation of new employee positions or the elimination of existing employee positions;
(3) the rule will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rule will not require an increase or decrease in fees paid to the agency;
(5) the rule will not create a new regulation or repeal a regulation;
(6) the rule will expand certain existing regulations and limit certain existing regulations;
(7) the rule will not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the rule will neither positively nor adversely affect this state's economy.
COSTS TO REGULATED PERSONS. Ms. Almaguer has determined that the rules are not subject to Texas Government Code §2001.0045 as the rules do not impose a cost on regulated persons. In addition, the rules do not impose a cost on another state agency, a special district, or a local government.
ENVIRONMENTAL IMPACT STATEMENT. Ms. Almaguer has determined that the proposed amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.
PUBLIC COMMENT. Comments on the proposed amendments may be submitted in writing to Jessica Almaguer, Executive Director, 208 E. 10th Street, Suite 309, Austin, Texas 78701 or within 30 days following the publication of this notice in the Texas Register. It is requested when sending a comment that individuals include the rule section to which the comment refers and that comments sent by email include "Public Comment" in the email's subject line.
STATUTORY AUTHORITY. The amended rule is proposed pursuant to Texas Government Code §865.006(b), which authorizes the Board to adopt rules necessary for the administration of the System.
CROSS REFERENCE TO STATUTE. No other statutes, articles, or codes are affected by these amendments.
§302.1.Definitions.
(a) Unless otherwise specifically provided in this part, the terms and phrases used in Chapters 302, 304, 306, 308 and 310 have the meanings assigned by Government Code, Chapters 861 - 865.
(b) In Chapters 302, 304, 306, 308 and 310, "Texas Local Fire Fighters Retirement Act" means the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes).
(c) For purposes of this part and Government Code, Chapters 861-865, the term "spouse" means an individual to whom a member is legally married under Subtitle A, Title 1, Family Code or a comparable law of another jurisdiction (including a ceremonial marriage or an informal marriage), provided that in the case of an informal marriage in this state, the marriage must be evidenced by a declaration of informal marriage recorded in accordance with Subchapter E, Chapter 2, Family Code prior to the death of a member. With respect to an informal marriage established in this state, a spouse is considered married to a member as of the date a declaration of informal marriage was recorded in accordance with Subchapter E, Chapter 2, Family Code.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 12, 2025.
TRD-202500487
Jessica Almaguer
Executive Director
Texas Emergency Services Retirement System
Earliest possible date of adoption: March 30, 2025
For further information, please call: (512) 936-3422
The Board of Trustees (the "Board") of the Texas Emergency Services Retirement System (the "System") proposes the repeal of 34 Texas Administrative Code (TAC) §302.7, Employees of Participating Departments. The purpose of the proposed repeal is to eliminate §302.7, which was an interim rule that has since been replaced by 34 TAC §304.4 Employees of Participating Departments. The proposed repeal will remove out of date language that is no longer necessary.
FISCAL NOTE ON STATE AND LOCAL GOVERNMENTS. Jessica Almaguer, Executive Director of the Texas Emergency Services Retirement System, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal impact to state or local governments as a result of enforcing or administering these amendments as proposed under Texas Government Code §2001.024(a)(4) because the amendments do not impose a cost on state or local governments.
LOCAL EMPLOYMENT IMPACT. Ms. Almaguer has determined that the proposed amendments would not impact a local economy. Therefore, a local employment impact statement is not required under Texas Government Code §2001.022 and §2001.024(a)(6).
PUBLIC BENEFIT AND COST NOTE. Ms. Almaguer has determined under Texas Government Code §2001.024(a)(5) that for each of the first five years the proposed amendments would be in effect, the public benefit will be the cleanup, clarification, and refinement of continuing education requirements and the enhanced alignment of continuing education activities with content that directly concerns occupational therapy and ensures the health, safety, and welfare of the public. There would not be an additional anticipated economic cost to persons required to comply with the proposed amendments.
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Almaguer has determined there would be no costs or adverse economic effects on small businesses, micro-businesses, or rural communities. Therefore, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002.
TAKINGS IMPACT ASSESSMENT. Ms. Almaguer has determined that no private real property interests are affected by these proposed amendments and that these amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, these amendments do not constitute a taking under Texas Government Code §2007.043.
GOVERNMENT GROWTH IMPACT STATEMENT. Ms. Almaguer has determined under Texas Government Code §2001.0221 that during the first five years the rules would be in effect:
(1) the rule will not create or eliminate a government program;
(2) the rule will not require the creation of new employee positions or the elimination of existing employee positions;
(3) the rule will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rule will not require an increase or decrease in fees paid to the agency;
(5) the rule will not create a new regulation or repeal a regulation;
(6) the rule will expand certain existing regulations and limit certain existing regulations;
(7) the rule will not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the rule will neither positively nor adversely affect this state's economy.
COSTS TO REGULATED PERSONS. Ms. Almaguer has determined that the rules are not subject to Texas Government Code §2001.0045 as the rules do not impose a cost on regulated persons. In addition, the rules do not impose a cost on another state agency, a special district, or a local government.
ENVIRONMENTAL IMPACT STATEMENT. Ms. Almaguer has determined that the proposed amendments do not require an environmental impact analysis because the amendments are not major environmental rules under Texas Government Code §2001.0225.
PUBLIC COMMENT. Comments on the proposed amendments may be submitted in writing to Jessica Almaguer, Executive Director, 208 E. 10th Street, Suite 309, Austin, Texas 78701 or within 30 days following the publication of this notice in the Texas Register. It is requested when sending a comment that individuals include the rule section to which the comment refers and that comments sent by email include "Public Comment" in the email's subject line.
STATUTORY AUTHORITY. The repeal is proposed pursuant to Texas Government Code §865.006(b), which authorizes the Board to adopt rules necessary for the administration of the System.
CROSS REFERENCE TO STATUTE. No other statutes, articles, or codes are affected by these amendments.
§302.7.Employees of Participating Departments.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 12, 2025.
TRD-202500486
Jessica Almaguer
Executive Director
Texas Emergency Services Retirement System
Earliest possible date of adoption: March 30, 2025
For further information, please call: (512) 936-3422