By: Whitmire S.B. No. 546
A BILL TO BE ENTITLED
AN ACT
1-1 relating to administration of retirement systems for municipal
1-2 employees in certain cities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 5, Chapter 358, Acts of
1-5 the 48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil
1-6 Statutes), is amended to read as follows:
1-7 (b) The Pension Board shall be composed of eleven (11)
1-8 members as follows:
1-9 (1) The Mayor of the City, or the Director of the
1-10 Civil Service Commission as his representative.
1-11 (2) The Treasurer of the City or person performing the
1-12 duties of Treasurer.
1-13 (3) Four (4) employees of the city having membership
1-14 in the Pension System and elected by the active members of such
1-15 System. No city department shall have more than two (2)
1-16 representatives. Persons elected as employee members of the Board
1-17 shall continue in office until the expiration of their terms if
1-18 they retire during their terms. Persons elected as employee
1-19 members of the Board serve staggered terms of four (4) years, with
1-20 the terms of two (2) of the members expiring in each even-numbered
1-21 year. Each employee <The term of office of members so elected
1-22 shall be four (4) years and each such> member shall continue to
1-23 serve until his successor is duly elected and qualified. Vacancies
1-24 occurring by death, resignation or removal of such representative
2-1 shall be filled by appointments made by any three (3) of the Board
2-2 members elected by the members of the Pension System. Such
2-3 appointees shall serve for the remainder of the unexpired term of
2-4 the member they replace. The first election of employee members in
2-5 cities hereafter coming under this Act shall be held in such city
2-6 at such time and place as shall be fixed by the governing body of
2-7 the city, and to be not more than seventy-five (75) days from the
2-8 date such city comes under the terms of this Act.
2-9 (4) Three (3) legally qualified taxpayers of such
2-10 city, who have been residents of the county in which such city is
2-11 located for the preceding five (5) years, to be chosen by the
2-12 governing body of the city, being neither employees nor officers of
2-13 such city. The three (3) members so chosen by the governing body
2-14 of the city shall serve for two (2) years and until their
2-15 successors are duly appointed and qualified. Vacancies occurring
2-16 by death, resignation, or removal of such representative shall be
2-17 filled by the governing body of the city. Public members now on
2-18 the Boards of cities having established Systems shall continue in
2-19 office until the expiration of their terms.
2-20 (5) Two (2) retirees of the Pension System elected by
2-21 the retirees of the System. Persons elected as retiree members of
2-22 the Board serve staggered terms of four (4) years, with the term of
2-23 one (1) member expiring in each even-numbered year. Each retiree
2-24 member serves <A board member elected by retirees serves a term of
2-25 four (4) years and> until the retiree's successor is elected and
2-26 has qualified. A vacancy occurring by death, resignation, or
2-27 removal of a board member normally chosen by retiree election shall
3-1 be filled by appointment made by the other member normally chosen
3-2 by retiree election.
3-3 SECTION 2. Subdivision (4), Subsection (d), Section 5,
3-4 Chapter 358, Acts of the 48th Legislature, 1943 (Article 6243g,
3-5 Vernon's Texas Civil Statutes), is amended to read as follows:
3-6 (4) The Pension Board shall adopt <prepare> a detailed
3-7 annual budget showing its proposed administrative expenditures
3-8 under Subdivision (2) of this subsection for the next fiscal year
3-9 <and submit it to the governing body of the city for approval>.
3-10 SECTION 3. To implement the staggering of board member terms
3-11 provided by this Act, not later than October 1, 1993, persons
3-12 serving on the effective date of this Act as employee or retiree
3-13 members of the pension board established by Section 5, Chapter 358,
3-14 Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas
3-15 Civil Statutes), shall draw lots to determine the length of their
3-16 terms. Two of the employee board members and one retiree board
3-17 member shall serve terms expiring after the regularly scheduled
3-18 board elections in 1996, and two employee board members and one
3-19 retiree board member shall serve terms expiring after the regularly
3-20 scheduled board elections in 1998.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.