By Bosse                                              H.B. No. 1270
       74R4321 GCH-D
                                 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.  It is the intent of this section to limit
   1-13  both the contribution and retirement benefits of any member to the
   1-14  salary level of the <second> highest rank the member obtains by
   1-15  civil service examination <of the police department personnel
   1-16  classification schedule>, provided that if the member has not held
   1-17  the same classified position for three (3) years immediately
   1-18  preceding the date of retirement, the retirement pension shall be
   1-19  based on the average monthly base salary of the member for three
   1-20  (3) years immediately preceding the date of retirement.
   1-21        SECTION 2.  Section 11(b), Chapter 76, Acts of the 50th
   1-22  Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
   1-23  is amended to read as follows:
   1-24        (b)  If a member of the Police Pension System is promoted or
    2-1  appointed to any classified position above a classified position
    2-2  obtainable by civil service examination <the second highest> in the
    2-3  police department personnel classification schedule, that member's
    2-4  contribution and retirement benefits will be computed on the base
    2-5  salary of the <second> highest rank the person has obtained by
    2-6  civil service examination within the salary schedule of <classified
    2-7  position in> the police department <personnel classification
    2-8  schedule>, provided that if the member has not held the same
    2-9  classified position for three (3) years immediately preceding the
   2-10  date of retirement, the retirement pension shall be based on the
   2-11  average monthly base salary of the member for three (3) years
   2-12  immediately preceding retirement.  <For the purposes of this Act,
   2-13  the position of the Chief of Police shall be considered the highest
   2-14  classified position in the personnel classification schedule in the
   2-15  police department.>
   2-16        SECTION 3.  Section 28(b), Article 6243g-3, Revised Statutes,
   2-17  is amended to read as follows:
   2-18        (b)  <For purposes of this article, the chief of police shall
   2-19  be considered to hold the highest classified position in the
   2-20  department.>  The maximum contribution which may be made to the
   2-21  fund by a member shall be limited to a contribution based on the
   2-22  salary of the highest rank the member has obtained by civil service
   2-23  examination within the salary schedule of the police department.
   2-24  It is the intent of this section to limit both the contributions
   2-25  and retirement benefits of any member to the salary level of the
   2-26  highest rank the member obtains by civil service examination,
   2-27  except that if the member has not held the same classified position
    3-1  for three years immediately preceding the date of retirement, the
    3-2  retirement pension shall be based on the average monthly base
    3-3  salary of the member for three years immediately preceding the date
    3-4  of retirement <compensation of the second highest classification
    3-5  within the salary schedule of the police department.  The maximum
    3-6  benefit which may be paid from the fund to any person holding a
    3-7  position above that of the second highest classified position shall
    3-8  be based on the compensation paid the second highest classified
    3-9  position within the department>.
   3-10        SECTION 4.  (a)  This Act takes effect July 1, 1995, if this
   3-11  Act receives the votes required by Section 39, Article III, Texas
   3-12  Constitution, for that effective date.  If this Act does not
   3-13  receive the votes required by that section for an effective date
   3-14  before the 91st day after the last day of the legislative session,
   3-15  this Act takes effect September 1, 1995.
   3-16        (b)  The changes in law made by this Act apply only to
   3-17  contributions that become due and retirements and deaths that occur
   3-18  on or after the effective date of this Act.
   3-19        SECTION 5.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended,
   3-24  and that this Act take effect and be in force according to its
   3-25  terms, and it is so enacted.