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.