(a) Except as provided by Subsection (b), membership in the employee class of the retirement system includes all employees and appointed officers of every department, commission, board, agency, or institution of the state except:
(1) independent contractors and their employees performing work for the state; and
(2) persons disqualified from membership under Section 812.201.
(b) An office or employment that is included in the coverage of the Teacher Retirement System of Texas, the Judicial Retirement System of Texas Plan One, or the Judicial Retirement System of Texas Plan Two or, except as provided by Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature, Regular Session, 1993, is with a university system or institution of higher education, as defined by Section 61.003, Education Code, is not a position with a department, commission, board, agency, or institution of the state for purposes of this subtitle.

Terms Used In Texas Government Code 812.003

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) Membership in the employee class is mandatory for eligible persons.
(d) Membership in the employee class begins on the first day a person is employed or holds office.
(e) A person who is reemployed or who again holds office after withdrawing contributions under Subchapter B for previous service credited in the employee class begins membership in the employee class on the first day the person is reemployed or again holds office.
(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 331 , Sec. 4, eff. September 1, 2015.