Jim Dunnam, the Texas House of Representatives Democratic Leader, on Tuesday called on Governor Perry to call a special session to allow the Legislature to fulfill its commitment to retired teachers and state employees and give them the $500 one time supplemental payment we intended for them to receive.

 

Texas Attorney General, Greg Abbott, on Monday issued an opinion (GA-0746)  that effectively denies the supplemental payment the 81st Texas Legislature approved in May 2009. The Attorney General's ruling states that since the General Appropriations Act requires a "conclusive opinion that such one-time payments are constitutionally and statutorily permissible" and because the appropriation raises questions about compliance with article III, sections 44 and 53 of the Texas Constitution, it is "Impossible for us to conclusively opine that such payments are constitutionally and statutorily permissible."

 

As a result, Senate Bill 1 of the General Appropriations Act (GAA) will instead increase the state contribution rate to the Teacher Retirement System of Texas.

 

In May 2009, the Texas Legislature approved a one-time supplemental payment of up to $500 for certain TRS retires. The legislation stated that if the Attorney General did not rule that the payments were constitutionally and statutorily permissible, the amounts would be transferred to the teacher Retirement System to increase the state contribution rate.