1-1 By: Yarbrough (Senate Sponsor - Whitmire) H.B. No. 1278
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported favorably, as
1-5 amended, by the following vote: Yeas 6, Nays 0; May 5, 1993, sent
1-6 to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-21 ADD SECTION 2, PAGE 2, LINE 20, AS FOLLOWS:
1-22 Subdivision (4), Subsection (d), Section 5, Chapter 358, Acts
1-23 of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil
1-24 Statutes), is amended to read as follows:
1-25 (4) The Pension Board shall adopt <prepare> a detailed
1-26 annual budget showing its proposed administrative expenditures
1-27 under Subdivision (2) of this subsection for the next fiscal year
1-28 <and submit it to the governing body of the city for approval>.
1-29 RENUMBER SECTION 2, PAGE 2, LINE 20, TO READ: SECTION 3.
1-30 RENUMBER SECTION 3, PAGE 2, LINE 31, TO READ: SECTION 4.
1-31 A BILL TO BE ENTITLED
1-32 AN ACT
1-33 relating to administration of retirement systems for municipal
1-34 employees in certain cities.
1-35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-36 SECTION 1. Section 5(b), Chapter 358, Acts of the 48th
1-37 Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),
1-38 is amended to read as follows:
1-39 (b) The Pension Board shall be composed of eleven (11)
1-40 members as follows:
1-41 (1) The Mayor of the City, or the Director of the
1-42 Civil Service Commission as his representative.
1-43 (2) The Treasurer of the City or person performing the
1-44 duties of Treasurer.
1-45 (3) Four (4) employees of the city having membership
1-46 in the Pension System and elected by the active members of such
1-47 System. No city department shall have more than two (2)
1-48 representatives. Persons elected as employee members of the Board
1-49 shall continue in office until the expiration of their terms if
1-50 they retire during their terms. Persons elected as employee
1-51 members of the Board serve staggered terms of four (4) years, with
1-52 the terms of two (2) of the members expiring in each even-numbered
1-53 year. Each employee <The term of office of members so elected
1-54 shall be four (4) years and each such> member shall continue to
1-55 serve until his successor is duly elected and qualified. Vacancies
1-56 occurring by death, resignation or removal of such representative
1-57 shall be filled by appointments made by any three (3) of the Board
1-58 members elected by the members of the Pension System. Such
1-59 appointees shall serve for the remainder of the unexpired term of
1-60 the member they replace. The first election of employee members in
1-61 cities hereafter coming under this Act shall be held in such city
1-62 at such time and place as shall be fixed by the governing body of
1-63 the city, and to be not more than seventy-five (75) days from the
1-64 date such city comes under the terms of this Act.
1-65 (4) Three (3) legally qualified taxpayers of such
1-66 city, who have been residents of the county in which such city is
1-67 located for the preceding five (5) years, to be chosen by the
1-68 governing body of the city, being neither employees nor officers of
2-1 such city. The three (3) members so chosen by the governing body
2-2 of the city shall serve for two (2) years and until their
2-3 successors are duly appointed and qualified. Vacancies occurring
2-4 by death, resignation, or removal of such representative shall be
2-5 filled by the governing body of the city. Public members now on
2-6 the Boards of cities having established Systems shall continue in
2-7 office until the expiration of their terms.
2-8 (5) Two (2) retirees of the Pension System elected by
2-9 the retirees of the System. Persons elected as retiree members of
2-10 the Board serve staggered terms of four (4) years, with the term of
2-11 one (1) member expiring in each even-numbered year. Each retiree
2-12 member serves <A board member elected by retirees serves a term of
2-13 four (4) years and> until the retiree's successor is elected and
2-14 has qualified. A vacancy occurring by death, resignation, or
2-15 removal of a board member normally chosen by retiree election shall
2-16 be filled by appointment made by the other member normally chosen
2-17 by retiree election.
2-18 SECTION 2. To implement the staggering of board member terms
2-19 provided by this Act, not later than October 1, 1993, persons
2-20 serving on the effective date of this Act as employee or retiree
2-21 members of the pension board established by Section 5, Chapter 358,
2-22 Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas
2-23 Civil Statutes), shall draw lots to determine the length of their
2-24 terms. Two of the employee board members and one retiree board
2-25 member shall serve terms expiring after the regularly scheduled
2-26 board elections in 1996, and two employee board members and one
2-27 retiree board member shall serve terms expiring after the regularly
2-28 scheduled board elections in 1998.
2-29 SECTION 3. The importance of this legislation and the
2-30 crowded condition of the calendars in both houses create an
2-31 emergency and an imperative public necessity that the
2-32 constitutional rule requiring bills to be read on three several
2-33 days in each house be suspended, and this rule is hereby suspended,
2-34 and that this Act take effect and be in force from and after its
2-35 passage, and it is so enacted.
2-36 * * * * *
2-37 Austin,
2-38 Texas
2-39 May 5, 1993
2-40 Hon. Bob Bullock
2-41 President of the Senate
2-42 Sir:
2-43 We, your Committee on Intergovernmental Relations to which was
2-44 referred H.B. No. 1278, have had the same under consideration, and
2-45 I am instructed to report it back to the Senate with the
2-46 recommendation that it do pass, as amended, and be printed.
2-47 Armbrister,
2-48 Chairman
2-49 * * * * *
2-50 WITNESSES
2-51 FOR AGAINST ON
2-52 ___________________________________________________________________
2-53 Name: Jack Ogg x
2-54 Representing: Houston Municipal EPS
2-55 City: Houston
2-56 -------------------------------------------------------------------
2-57 Name: Fred Holmes x
2-58 Representing: Houston Municipal Pension Bd.
2-59 City: Houston
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