By Turner of Harris H.B. No. 2684
74R5434 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the removal of a member of the board of a police
1-3 officers' pension system in certain cities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 76, Acts of the 50th Legislature, Regular
1-6 Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), is
1-7 amended by adding Section 4A to read as follows:
1-8 Sec. 4A. REMOVAL OF MEMBER OF BOARD. (a) An elected member
1-9 of the Board may be removed from the Board by a vote of the
1-10 membership of the Pension System at a removal election initiated
1-11 and held as provided by this section or by a vote of five members
1-12 of the Board together with a decision to remove the member made by
1-13 a hearing examiner as provided by this section.
1-14 (b) An appointed member of the Board, other than an
1-15 authorized representative appointed by the administrative head of
1-16 the city, may be removed from the Board by a vote of five members
1-17 of the Board together with a decision to remove the member made by
1-18 a hearing examiner as provided by this section.
1-19 (c) To initiate an election for removal of an elected member
1-20 of the Board under Subsection (a) of this section, a petition for
1-21 removal signed by at least one-third of the members and retired
1-22 members of the Pension System must be filed with the Board not
1-23 later than the 45th day after the date the first signature on the
1-24 petition is obtained. Each signature must be legible and
2-1 accompanied by the signer's home address and telephone number. A
2-2 removal election must be held not later than the 30th day after the
2-3 date the Board certifies that a petition for removal satisfies the
2-4 requirements for a petition under this subsection. The results of
2-5 a removal election are binding only if a majority of the members
2-6 and retired members participate in the election. A member's
2-7 service on the Board ends on the entry of an order by the Board
2-8 declaring that a majority of those voting in the removal election
2-9 voted in favor of removal.
2-10 (d) On the date the Board enters an order under Subsection
2-11 (c) of this section, the Board shall call a special election to be
2-12 held not earlier than the 20th day or later than the 30th day after
2-13 that date to fill the vacancy for the unexpired term of the person
2-14 who was removed. The person who was removed is not eligible to run
2-15 in the special election but is eligible to run in all subsequent
2-16 Board elections.
2-17 (e) Except as otherwise provided by Subsections (a) and (c)
2-18 of this section, a member of the Board must be removed as provided
2-19 by this subsection and Subsections (f) and (g) of this section.
2-20 After an affirmative vote of the Board to remove a member under
2-21 Subsection (a) or (b) of this section, the Board or its designee
2-22 and the member whose removal is proposed shall attempt to agree on
2-23 the selection of an impartial hearing examiner. If the parties do
2-24 not agree on the selection of a hearing examiner not later than the
2-25 10th day after the date the Board votes to remove the member, on
2-26 the next work day the parties involved must request a list of seven
2-27 qualified neutral arbitrators from the American Arbitration
3-1 Association or the Federal Mediation and Conciliation Service or
3-2 another arbitration organization with equally stringent standards.
3-3 The member whose removal is proposed and the Board or their
3-4 designees may agree on one of the seven neutral arbitrators on the
3-5 list. If not later than the 25th day after the date the Board
3-6 first voted to remove the member the parties fail to agree, each
3-7 party or the party's designee shall alternate striking a name from
3-8 the list, and the name remaining is the hearing examiner. The
3-9 member whose removal is proposed or the member's designee is
3-10 entitled to strike the first name. If the 25th day falls on a
3-11 Saturday, Sunday, or a legal holiday, the parties must strike names
3-12 from the list on the next work day. The parties or their designees
3-13 must agree on a date for the hearing that is within the period
3-14 prescribed by Subsection (f).
3-15 (f) The hearing must begin as soon as the hearing examiner
3-16 can be scheduled but not later than the 60th day after the date the
3-17 Board votes to remove the member. In a hearing conducted under
3-18 this subsection, the hearing examiner may issue subpoenas. The
3-19 parties may agree to an expedited hearing procedure. Unless
3-20 otherwise agreed by the parties, in an expedited procedure, the
3-21 hearing examiner must issue a decision not later than the 10th day
3-22 after the date the hearing ends. Unless operating under an
3-23 expedited hearing procedure, the hearing examiner shall make a
3-24 reasonable effort to issue a decision not later than the 30th day
3-25 after the date the hearing ends. The hearing examiner's inability
3-26 to meet the time requirements imposed by this subsection does not
3-27 affect the hearing examiner's jurisdiction or final decision. The
4-1 final decision of the hearing examiner may be either to remove the
4-2 member from the Board or not to remove the member from the Board.
4-3 A decision may be made to remove the member from the Board only if
4-4 it is determined that the member violated Subchapter A, Chapter
4-5 121, Property Code. The hearing examiner's fees and expenses shall
4-6 be paid by the Pension System. The costs of a witness shall be
4-7 paid by the party who calls the witness.
4-8 (g) If the hearing examiner's decision is to remove a
4-9 member, the person removed is entitled to an opportunity to have
4-10 the hearing examiner's decision reviewed. To have the decision
4-11 reviewed, not later than the 30th day after the date of a decision
4-12 under Subsection (f), the person removed must obtain signatures of
4-13 at least one-third of the members and retired members of the
4-14 Pension System requesting an election to overrule the removal
4-15 decision under Subsection (f). If the 30th day is a Saturday,
4-16 Sunday, or legal holiday, the following work day is considered the
4-17 30th day. Each signature must indicate the signing date beside the
4-18 signature, be legible, and be accompanied by the signer's home
4-19 address and telephone number. The Board shall verify the list not
4-20 later than the 10th day after the date the Board receives it. Not
4-21 later than the 30th day after the date the Board has verified the
4-22 signatures, an election among the members and retired members shall
4-23 be held. If a majority of the votes cast at an election in which a
4-24 majority of the members and retired members of the Pension System
4-25 participate favor overruling the hearing examiner's decision, the
4-26 Board member shall be reinstated. If a majority do not vote to
4-27 overrule the decision to remove a member, a replacement election
5-1 must be held not later than the 30th day after the date of the
5-2 preceding election.
5-3 (h) During the period beginning on the date of the Board
5-4 vote to remove a member and ending on the date the member is
5-5 reinstated under this section, the person's privileges as a member
5-6 of the Board, including voting privileges, are suspended.
5-7 SECTION 2. This Act takes effect September 1, 1995.
5-8 SECTION 3. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.