By: Yarbrough H.B. No. 1278
73R4278 GCH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to administration of retirement systems for municipal
1-3 employees in certain cities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(b), Chapter 358, Acts of the 48th
1-6 Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),
1-7 is amended to read as follows:
1-8 (b) The Pension Board shall be composed of eleven (11)
1-9 members as follows:
1-10 (1) The Mayor of the City, or the Director of the
1-11 Civil Service Commission as his representative.
1-12 (2) The Treasurer of the City or person performing the
1-13 duties of Treasurer.
1-14 (3) Four (4) employees of the city having membership
1-15 in the Pension System and elected by the active members of such
1-16 System. No city department shall have more than two (2)
1-17 representatives. Persons elected as employee members of the Board
1-18 shall continue in office until the expiration of their terms if
1-19 they retire during their terms. Persons elected as employee
1-20 members of the Board serve staggered terms of four (4) years, with
1-21 the terms of two (2) of the members expiring in each even-numbered
1-22 year. Each employee <The term of office of members so elected
1-23 shall be four (4) years and each such> member shall continue to
1-24 serve until his successor is duly elected and qualified. Vacancies
2-1 occurring by death, resignation or removal of such representative
2-2 shall be filled by appointments made by any three (3) of the Board
2-3 members elected by the members of the Pension System. Such
2-4 appointees shall serve for the remainder of the unexpired term of
2-5 the member they replace. The first election of employee members in
2-6 cities hereafter coming under this Act shall be held in such city
2-7 at such time and place as shall be fixed by the governing body of
2-8 the city, and to be not more than seventy-five (75) days from the
2-9 date such city comes under the terms of this Act.
2-10 (4) Three (3) legally qualified taxpayers of such
2-11 city, who have been residents of the county in which such city is
2-12 located for the preceding five (5) years, to be chosen by the
2-13 governing body of the city, being neither employees nor officers of
2-14 such city. The three (3) members so chosen by the governing body
2-15 of the city shall serve for two (2) years and until their
2-16 successors are duly appointed and qualified. Vacancies occurring
2-17 by death, resignation, or removal of such representative shall be
2-18 filled by the governing body of the city. Public members now on
2-19 the Boards of cities having established Systems shall continue in
2-20 office until the expiration of their terms.
2-21 (5) Two (2) retirees of the Pension System elected by
2-22 the retirees of the System. Persons elected as retiree members of
2-23 the Board serve staggered terms of four (4) years, with the term of
2-24 one (1) member expiring in each even-numbered year. Each retiree
2-25 member serves <A board member elected by retirees serves a term of
2-26 four (4) years and> until the retiree's successor is elected and
2-27 has qualified. A vacancy occurring by death, resignation, or
3-1 removal of a board member normally chosen by retiree election shall
3-2 be filled by appointment made by the other member normally chosen
3-3 by retiree election.
3-4 SECTION 2. Section 5(d)(4), Chapter 358, Acts of the 48th
3-5 Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),
3-6 is amended to read as follows:
3-7 (4) The Pension Board shall adopt <prepare> a detailed
3-8 annual budget showing its proposed administrative expenditures
3-9 under Subdivision (2) of this subsection for the next fiscal year
3-10 <and submit it to the governing body of the city for approval>.
3-11 SECTION 3. To implement the staggering of board member terms
3-12 provided by this Act, not later than October 1, 1993, persons
3-13 serving on the effective date of this Act as employee or retiree
3-14 members of the pension board established by Section 5, Chapter 358,
3-15 Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas
3-16 Civil Statutes), shall draw lots to determine the length of their
3-17 terms. Two of the employee board members and one retiree board
3-18 member shall serve terms expiring after the regularly scheduled
3-19 board elections in 1996, and two employee board members and one
3-20 retiree board member shall serve terms expiring after the regularly
3-21 scheduled board elections in 1998.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.