1-1 By: Turner of Harris (Senate Sponsor - Whitmire) H.B. No. 1810
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably, as
1-5 amended, by the following vote: Yeas 10, Nays 0; May 17, 1995,
1-6 sent to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-8 Amend HB 1810 as follows:
1-9 1. On page 3, Line 2, insert the following after "SECTION 3.":
1-10 "Section 4, Chapter 76, Acts of the 50th Legislature, 1947 (Article
1-11 6243g-1, Vernon's Texas Civil Statutes), is amended by adding
1-12 Subsection (k) to read as follows:
1-13 (k)(1) If the Pension Board has not purchased insurance as
1-14 described by Subsection (j) of this section for any reason or if
1-15 the insurance is insufficient or otherwise inadequate, the Board
1-16 shall, except as provided by Subdivision (2) of this subsection,
1-17 indemnify a Board member or officer or employee of the Board for
1-18 liability imposed as damages because of an alleged act, error, or
1-19 omission committed in the individual's capacity as a Board member
1-20 or officer or employee of the Board and for reasonable costs and
1-21 expenses, including attorney's fees, incurred in the individual's
1-22 defense of a claim of an alleged act, error, or omission.
1-23 (2) The Pension Board may not indemnify a Board member or
1-24 officer or employee of the Board for liability imposed or expenses
1-25 incurred because of the individual's dishonesty, fraudulent breach
1-26 of trust, lack of good faith, intentional fraud or deception,
1-27 intentional failure to act prudently, or gross negligence.
1-28 (3) Indemnification under this subsection applies to acts,
1-29 errors, or omissions by Board members, officers or employees of the
1-30 Board, former Board members, and former officers or employees of
1-31 the Board that occur or occurred on or after July 1, 1993."
1-32 A BILL TO BE ENTITLED
1-33 AN ACT
1-34 relating to membership on the boards of trustees of retirement
1-35 systems for police officers in certain municipalities.
1-36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-37 SECTION 1. Section 4(b), Chapter 76, Acts of the 50th
1-38 Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
1-39 is amended to read as follows:
1-40 (b) The Pension Board shall be composed of seven (7) members
1-41 as follows:
1-42 (1) The administrative head of the city, or his
1-43 authorized representative.
1-44 (2) Three (3) employees of the police department
1-45 having membership in the Pension System and elected by the members
1-46 of such police department and system.
1-47 (3) Two (2) retired members receiving pensions from
1-48 the Pension System <legally qualified taxpaying voters of such
1-49 city, residents thereof for the preceding three (3) years>, to be
1-50 chosen by the elected members of the Pension Board and confirmed by
1-51 the Board, being neither employees nor officers of such city.
1-52 (4) The City Treasurer of the city, or the person
1-53 discharging the duties of the City Treasurer.
1-54 The terms of office of the elected members of the Pension
1-55 Board shall be three (3) years, provided, however, that at the
1-56 first election after the effective date of this Act, one such
1-57 elected member shall be elected to a term of one year, one such
1-58 elected member shall be elected to a term of two (2) years; and one
1-59 such elected member shall be elected to a term of three (3) years.
1-60 Thereafter, at an annual election called by the Chief of Police,
1-61 and held during the month of December, one member shall be elected
1-62 to a three-year term. Whenever a vacancy occurs among the three
1-63 (3) elected members of the Pension Board, the Pension Board shall
1-64 appoint a Pension Fund member to serve the balance of the calendar
1-65 year and until the next regularly scheduled election of Board
1-66 members. At that time, the membership of the police department
1-67 shall elect a Pension Fund member to serve for the remainder of the
1-68 term.
2-1 The term of office of appointed members of the Board shall be
2-2 two (2) years, with such appointed members being nominated by the
2-3 elected members of the Board and confirmed by the Board, and having
2-4 terms commencing when the appointed members are qualified.
2-5 The term of office of the Board members statutorily provided
2-6 for, shall be and continue so long as such member holds the
2-7 position defined in this Act for automatic members of such Board.
2-8 SECTION 2. The change in law made by this Act in the
2-9 qualifications for membership on the boards of trustees of
2-10 retirement systems for police officers in certain municipalities
2-11 applies only to members appointed for terms that begin on or after
2-12 the effective date of this Act. Qualifications for membership on a
2-13 board of trustees for a term that began before the effective date
2-14 of this Act are those provided immediately before the effective
2-15 date of this Act, and the former law is continued in effect for
2-16 that purpose.
2-17 SECTION 3. This Act takes effect September 1, 1995.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
2-23 * * * * *