74R10729 GCH-D
          By Bosse                                              H.B. No. 1270
          Substitute the following for H.B. No. 1270:
          By Haggerty                                       C.S.H.B. No. 1270
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to maximum contributions to and benefits from retirement
    1-3  systems for police officers in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 6(b), Chapter 76, Acts of the 50th
    1-6  Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
    1-7  is amended to read as follows:
    1-8        (b)  The maximum contribution which may be made to the fund
    1-9  by a member shall be limited to a contribution based on the salary
   1-10  of the <second> highest rank the member has obtained by civil
   1-11  service examination <classification> within the salary schedule of
   1-12  the police department or, if the member is a police captain, to a
   1-13  contribution based on the salary of the second highest
   1-14  classification within that salary schedule.  It is the intent of
   1-15  this section to limit both the contribution and retirement benefits
   1-16  of any member to the applicable salary level described by this
   1-17  subsection <of the second highest rank of the police department
   1-18  personnel classification schedule>, provided that if the member has
   1-19  not held the same classified position for three (3) years
   1-20  immediately preceding the date of retirement, the retirement
   1-21  pension shall be based on the average monthly base salary of the
   1-22  member for three (3) years immediately preceding the date of
   1-23  retirement.
   1-24        SECTION 2.  Section 11(b), Chapter 76, Acts of the 50th
    2-1  Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
    2-2  is amended to read as follows:
    2-3        (b)  If a member of the Police Pension System other than a
    2-4  police captain is promoted or appointed to any classified position
    2-5  above a classified position obtainable by civil service examination
    2-6  <the second highest> in the police department personnel
    2-7  classification schedule, that member's contribution and retirement
    2-8  benefits will be computed on the base salary of the <second>
    2-9  highest rank the person has obtained by civil service examination
   2-10  within the salary schedule of <classified position in> the police
   2-11  department.  If a police captain is promoted or appointed to any
   2-12  classified position above the second highest in the police
   2-13  department personnel classification schedule, that member's
   2-14  contribution and retirement benefits will be computed on the base
   2-15  salary of the second highest classified position in the police
   2-16  department personnel classification schedule.  If any <personnel
   2-17  classification schedule, provided that if the> member has not held
   2-18  the same classified position for three (3) years immediately
   2-19  preceding the date of retirement, the retirement pension shall be
   2-20  based on the average monthly base salary of the member for three
   2-21  (3) years immediately preceding retirement.  For the purposes of
   2-22  this Act, the position of the Chief of Police shall be considered
   2-23  the highest classified position in the personnel classification
   2-24  schedule in the police department.
   2-25        SECTION 3.  Section 28(b), Article 6243g-3, Revised Statutes,
   2-26  is amended to read as follows:
   2-27        (b)  For purposes of this article, the chief of police shall
    3-1  be considered to hold the highest classified position in the
    3-2  department.  The maximum contribution which may be made to the fund
    3-3  by a member shall be limited to a contribution based on the salary
    3-4  of the highest rank the member has obtained by civil service
    3-5  examination within the salary schedule of the police department or,
    3-6  if the member is a police captain, to a contribution based on the
    3-7  salary of the second highest classification within that salary
    3-8  schedule.  It is the intent of this section to limit both the
    3-9  contributions and retirement benefits of any member to the
   3-10  applicable salary level described by this subsection, except that
   3-11  if a member has not held the same classified position for three
   3-12  years immediately preceding the date of retirement, the retirement
   3-13  pension shall be based on the average monthly base salary of the
   3-14  member for three years immediately preceding the date of retirement
   3-15  <compensation of the second highest classification within the
   3-16  salary schedule of the police department.  The maximum benefit
   3-17  which may be paid from the fund to any person holding a position
   3-18  above that of the second highest classified position shall be based
   3-19  on the compensation paid the second highest classified position
   3-20  within the department>.
   3-21        SECTION 4.  (a)  This Act takes effect July 1, 1995, if this
   3-22  Act receives the votes required by Section 39, Article III, Texas
   3-23  Constitution, for that effective date.  If this Act does not
   3-24  receive the votes required by that section for an effective date
   3-25  before the 91st day after the last day of the legislative session,
   3-26  this Act takes effect September 1, 1995.
   3-27        (b)  The changes in law made by this Act apply only to
    4-1  contributions that become due and retirements and deaths that occur
    4-2  on or after the effective date of this Act.
    4-3        SECTION 5.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative public necessity that the
    4-6  constitutional rule requiring bills to be read on three several
    4-7  days in each house be suspended, and this rule is hereby suspended,
    4-8  and that this Act take effect and be in force according to its
    4-9  terms, and it is so enacted.