BILL ANALYSIS H.B. 2684 By: Turner, S. (Whitmire) Intergovernmental Relations 05-17-95 Senate Committee Report (Unamended) BACKGROUND The Police Officers' Pension Board consists of three active police officers and members of the Police Officers' Pension Fund who are elected by the membership; two appointed civilian trustees; and two trustees appointed by virtue of position or appointment, those being a representative of the mayor and the city treasurer of each city in this state having a population of 1.2 million or more. The elected trustees are elected for a three-year term and the civilian members are appointed by the elected members of the board for a two-year term. There is no statutory provision for the removal of a trustee or a civilian trustee prior to term expiration. PURPOSE As proposed, H.B. 2684 sets forth provisions for the removal of a member of the board of a police officers' pension system in certain cities. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 6243g-1, V.T.C.S., by adding Section 4A, as follows: Sec. 4A. REMOVAL OF MEMBER OF BOARD. (a) Authorizes an elected member of the Police Officers' Pension Board (board) to be removed from the board by a vote of the membership of the Police Officers' Pension System (pension system) at a removal election initiated and held as provided by this section or by a vote of five members of the board together with a decision to remove the member made by a hearing examiner as provided by this section. (b) Authorizes an appointed member of the board, other than an authorized representative appointed by the administrative head of the city, to be removed from the board by a vote of five members of the board together with a decision to remove the member made by a hearing examiner as provided by this section. (c) Sets forth the procedure for initiating an election for removal of an elected member of the board by petition. Sets forth required information of a petition. Sets forth the date a removal election must be held. Provides that the results of a removal election are binding only if a majority of the members and retired members participate in the election. Provides that a member's service on the board ends on the entry of an order by the board declaring that a majority of those voting in the removal election voted in favor of removal. (d) Requires the board, on the date the board enters an order under Subsection (c) of this section, to call a special election to be held not earlier than the 20th day or later than the 30th day after that date to fill the vacancy for the unexpired term of the person who was removed. Provides that the person who was removed is not eligible to run in the special election but is eligible to run in all subsequent board elections. (e) Sets forth the procedure for the removal of a member, after an affirmative vote of the board under Subsection (a) or (b) of this section, and the selection of an impartial hearing examiner or neutral arbitrator by all parties. (f) Requires the hearing to begin as soon as the hearing examiner can be scheduled but not later than the 60th day after the date the board votes to remove the member. Authorizes the hearing examiner to issue subpoenas in a hearing conducted under this subsection. Authorizes the parties to agree to an expedited hearing procedure. Requires the hearing examiner to issue a decision not later than the 10th day after the date the hearing ends, unless otherwise agreed by the parties. Requires the hearing examiner to make a reasonable effort to issue a decision not later than the 30th day after the date the hearing ends, unless operating under an expedited hearing procedure. Provides that the hearing examiner's inability to meet the time requirements imposed by this subsection does not affect the hearing examiner's jurisdiction of final decision. Authorizes the final decision of the hearing examiner to either remove or not to remove the member from the board only if it is determined that the member violated Chapter 121A, Property Code. Requires the hearing examiner's fees and expenses to be paid by the pension system and the costs of a witness to be paid by the party who calls the witness. (g) Provides that a person removed is entitled to an opportunity to have the hearing examiner's decision reviewed if the hearing examiner's decision is to remove a member. Sets forth the procedure and deadlines for having the decision reviewed. Requires the board member to be reinstated if a majority of the votes cast at an election by members and retired members of the pension system favor overruling the hearing examiner's decision. Requires a replacement election to be held no later than the 30th day after the date of the preceding election if a majority do not vote to overrule the decision to remove a member. Makes conforming changes. (h) Provides that a person's privileges as a member of the board are suspended during the period beginning on the date of the board vote to remove a member and ending on the date the member is reinstated under this section. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.