1-1 By: Whitmire S.B. No. 546
1-2 (In the Senate - Filed March 2, 1993; March 2, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 17, 1993, reported favorably by the following
1-5 vote: Yeas 10, Nays 0; March 17, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to administration of retirement systems for municipal
1-22 employees in certain cities.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subsection (b), Section 5, Chapter 358, Acts of
1-25 the 48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil
1-26 Statutes), is amended to read as follows:
1-27 (b) The Pension Board shall be composed of eleven (11)
1-28 members as follows:
1-29 (1) The Mayor of the City, or the Director of the
1-30 Civil Service Commission as his representative.
1-31 (2) The Treasurer of the City or person performing the
1-32 duties of Treasurer.
1-33 (3) Four (4) employees of the city having membership
1-34 in the Pension System and elected by the active members of such
1-35 System. No city department shall have more than two (2)
1-36 representatives. Persons elected as employee members of the Board
1-37 shall continue in office until the expiration of their terms if
1-38 they retire during their terms. Persons elected as employee
1-39 members of the Board serve staggered terms of four (4) years, with
1-40 the terms of two (2) of the members expiring in each even-numbered
1-41 year. Each employee <The term of office of members so elected
1-42 shall be four (4) years and each such> member shall continue to
1-43 serve until his successor is duly elected and qualified. Vacancies
1-44 occurring by death, resignation or removal of such representative
1-45 shall be filled by appointments made by any three (3) of the Board
1-46 members elected by the members of the Pension System. Such
1-47 appointees shall serve for the remainder of the unexpired term of
1-48 the member they replace. The first election of employee members in
1-49 cities hereafter coming under this Act shall be held in such city
1-50 at such time and place as shall be fixed by the governing body of
1-51 the city, and to be not more than seventy-five (75) days from the
1-52 date such city comes under the terms of this Act.
1-53 (4) Three (3) legally qualified taxpayers of such
1-54 city, who have been residents of the county in which such city is
1-55 located for the preceding five (5) years, to be chosen by the
1-56 governing body of the city, being neither employees nor officers of
1-57 such city. The three (3) members so chosen by the governing body
1-58 of the city shall serve for two (2) years and until their
1-59 successors are duly appointed and qualified. Vacancies occurring
1-60 by death, resignation, or removal of such representative shall be
1-61 filled by the governing body of the city. Public members now on
1-62 the Boards of cities having established Systems shall continue in
1-63 office until the expiration of their terms.
1-64 (5) Two (2) retirees of the Pension System elected by
1-65 the retirees of the System. Persons elected as retiree members of
1-66 the Board serve staggered terms of four (4) years, with the term of
1-67 one (1) member expiring in each even-numbered year. Each retiree
1-68 member serves <A board member elected by retirees serves a term of
2-1 four (4) years and> until the retiree's successor is elected and
2-2 has qualified. A vacancy occurring by death, resignation, or
2-3 removal of a board member normally chosen by retiree election shall
2-4 be filled by appointment made by the other member normally chosen
2-5 by retiree election.
2-6 SECTION 2. Subdivision (4), Subsection (d), Section 5,
2-7 Chapter 358, Acts of the 48th Legislature, 1943 (Article 6243g,
2-8 Vernon's Texas Civil Statutes), is amended to read as follows:
2-9 (4) The Pension Board shall adopt <prepare> a detailed
2-10 annual budget showing its proposed administrative expenditures
2-11 under Subdivision (2) of this subsection for the next fiscal year
2-12 <and submit it to the governing body of the city for approval>.
2-13 SECTION 3. To implement the staggering of board member terms
2-14 provided by this Act, not later than October 1, 1993, persons
2-15 serving on the effective date of this Act as employee or retiree
2-16 members of the pension board established by Section 5, Chapter 358,
2-17 Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas
2-18 Civil Statutes), shall draw lots to determine the length of their
2-19 terms. Two of the employee board members and one retiree board
2-20 member shall serve terms expiring after the regularly scheduled
2-21 board elections in 1996, and two employee board members and one
2-22 retiree board member shall serve terms expiring after the regularly
2-23 scheduled board elections in 1998.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
2-28 days in each house be suspended, and this rule is hereby suspended,
2-29 and that this Act take effect and be in force from and after its
2-30 passage, and it is so enacted.
2-31 * * * * *
2-32 Austin,
2-33 Texas
2-34 March 17, 1993
2-35 Hon. Bob Bullock
2-36 President of the Senate
2-37 Sir:
2-38 We, your Committee on Intergovernmental Relations to which was
2-39 referred S.B. No. 546, have had the same under consideration, and I
2-40 am instructed to report it back to the Senate with the
2-41 recommendation that it do pass and be printed.
2-42 Armbrister,
2-43 Chairman
2-44 * * * * *
2-45 WITNESSES
2-46 FOR AGAINST ON
2-47 ___________________________________________________________________
2-48 Name: Fred Holmes x
2-49 Representing: Houston Muni Pension Board
2-50 City: Houston
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2-52 Name: Jack C. Ogg x
2-53 Representing: Houston MEPS
2-54 City: Houston
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