(a) The governing body of a department may, in the manner provided for taking official action by the body, elect to participate in the pension system. The governing body of a department shall notify the Executive Director in writing as soon as practicable of an election made under this section. An election made under this section is irrevocable except as provided by §862.001, Texas Government Code, and any rules adopted by the state board thereunder. Effective September 1, 2015, a department must have at least seven individuals who would be eligible to be a member in the pension system in order to make the election to participate provided under this section.
(b) The effective date of a department's participation in the pension system must be the first day of a month that follows the election of the governing body of the department to participate in the pension system.
(c) The governing body of a department that makes an election under subsection (a) of this section, or the governing body of the political subdivision associated with such department may purchase prior service credit under §306.1 of this title (relating to Participation by Department) under the terms of that section for service performed before the effective date of participation in the pension system, but neither the pension system nor the governing body of the participating department or the political subdivision is liable for the payment of benefits because of any disability or death that occurred before that date.

Source Note: The provisions of this §304.1 adopted to be effective October 2, 2005, 30 TexReg 6061; amended to be effective August 31, 2014, 39 TexReg 6867; amended to be effective October 18, 2015, 40 TexReg 7101; amended to be effective December 31, 2019, 44 TexReg 8332