1-1 By: Turner of Harris (Senate Sponsor - Whitmire) H.B. No. 2684
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 by
1-5 the following vote: Yeas 10, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the removal of a member of the board of a police
1-10 officers' pension system in certain cities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 76, Acts of the 50th Legislature, Regular
1-13 Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), is
1-14 amended by adding Section 4A to read as follows:
1-15 Sec. 4A. REMOVAL OF MEMBER OF BOARD. (a) An elected member
1-16 of the Board may be removed from the Board by a vote of the
1-17 membership of the Pension System at a removal election initiated
1-18 and held as provided by this section or by a vote of five members
1-19 of the Board together with a decision to remove the member made by
1-20 a hearing examiner as provided by this section.
1-21 (b) An appointed member of the Board, other than an
1-22 authorized representative appointed by the administrative head of
1-23 the city, may be removed from the Board by a vote of five members
1-24 of the Board together with a decision to remove the member made by
1-25 a hearing examiner as provided by this section.
1-26 (c) To initiate an election for removal of an elected member
1-27 of the Board under Subsection (a) of this section, a petition for
1-28 removal signed by at least one-third of the members and retired
1-29 members of the Pension System must be filed with the Board not
1-30 later than the 45th day after the date the first signature on the
1-31 petition is obtained. Each signature must be legible and
1-32 accompanied by the signer's home address and telephone number. A
1-33 removal election must be held not later than the 30th day after the
1-34 date the Board certifies that a petition for removal satisfies the
1-35 requirements for a petition under this subsection. The results of
1-36 a removal election are binding only if a majority of the members
1-37 and retired members participate in the election. A member's
1-38 service on the Board ends on the entry of an order by the Board
1-39 declaring that a majority of those voting in the removal election
1-40 voted in favor of removal.
1-41 (d) On the date the Board enters an order under Subsection
1-42 (c) of this section, the Board shall call a special election to be
1-43 held not earlier than the 20th day or later than the 30th day after
1-44 that date to fill the vacancy for the unexpired term of the person
1-45 who was removed. The person who was removed is not eligible to run
1-46 in the special election but is eligible to run in all subsequent
1-47 Board elections.
1-48 (e) Except as otherwise provided by Subsections (a) and (c)
1-49 of this section, a member of the Board must be removed as provided
1-50 by this subsection and Subsections (f) and (g) of this section.
1-51 After an affirmative vote of the Board to remove a member under
1-52 Subsection (a) or (b) of this section, the Board or its designee
1-53 and the member whose removal is proposed shall attempt to agree on
1-54 the selection of an impartial hearing examiner. If the parties do
1-55 not agree on the selection of a hearing examiner not later than the
1-56 10th day after the date the Board votes to remove the member, on
1-57 the next work day the parties involved must request a list of seven
1-58 qualified neutral arbitrators from the American Arbitration
1-59 Association or the Federal Mediation and Conciliation Service or
1-60 another arbitration organization with equally stringent standards.
1-61 The member whose removal is proposed and the Board or their
1-62 designees may agree on one of the seven neutral arbitrators on the
1-63 list. If not later than the 25th day after the date the Board
1-64 first voted to remove the member the parties fail to agree, each
1-65 party or the party's designee shall alternate striking a name from
1-66 the list, and the name remaining is the hearing examiner. The
1-67 member whose removal is proposed or the member's designee is
1-68 entitled to strike the first name. If the 25th day falls on a
2-1 Saturday, Sunday, or a legal holiday, the parties must strike names
2-2 from the list on the next work day. The parties or their designees
2-3 must agree on a date for the hearing that is within the period
2-4 prescribed by Subsection (f).
2-5 (f) The hearing must begin as soon as the hearing examiner
2-6 can be scheduled but not later than the 60th day after the date the
2-7 Board votes to remove the member. In a hearing conducted under
2-8 this subsection, the hearing examiner may issue subpoenas. The
2-9 parties may agree to an expedited hearing procedure. Unless
2-10 otherwise agreed by the parties, in an expedited procedure, the
2-11 hearing examiner must issue a decision not later than the 10th day
2-12 after the date the hearing ends. Unless operating under an
2-13 expedited hearing procedure, the hearing examiner shall make a
2-14 reasonable effort to issue a decision not later than the 30th day
2-15 after the date the hearing ends. The hearing examiner's inability
2-16 to meet the time requirements imposed by this subsection does not
2-17 affect the hearing examiner's jurisdiction or final decision. The
2-18 final decision of the hearing examiner may be either to remove the
2-19 member from the Board or not to remove the member from the Board.
2-20 A decision may be made to remove the member from the Board only if
2-21 it is determined that the member violated Subchapter A, Chapter
2-22 121, Property Code. The hearing examiner's fees and expenses shall
2-23 be paid by the Pension System. The costs of a witness shall be
2-24 paid by the party who calls the witness.
2-25 (g) If the hearing examiner's decision is to remove a
2-26 member, the person removed is entitled to an opportunity to have
2-27 the hearing examiner's decision reviewed. To have the decision
2-28 reviewed, not later than the 30th day after the date of a decision
2-29 under Subsection (f), the person removed must obtain signatures of
2-30 at least one-third of the members and retired members of the
2-31 Pension System requesting an election to overrule the removal
2-32 decision under Subsection (f). If the 30th day is a Saturday,
2-33 Sunday, or legal holiday, the following work day is considered the
2-34 30th day. Each signature must indicate the signing date beside the
2-35 signature, be legible, and be accompanied by the signer's home
2-36 address and telephone number. The Board shall verify the list not
2-37 later than the 10th day after the date the Board receives it. Not
2-38 later than the 30th day after the date the Board has verified the
2-39 signatures, an election among the members and retired members shall
2-40 be held. If a majority of the votes cast at an election in which a
2-41 majority of the members and retired members of the Pension System
2-42 participate favor overruling the hearing examiner's decision, the
2-43 Board member shall be reinstated. If a majority do not vote to
2-44 overrule the decision to remove a member, a replacement election
2-45 must be held not later than the 30th day after the date of the
2-46 preceding election.
2-47 (h) During the period beginning on the date of the Board
2-48 vote to remove a member and ending on the date the member is
2-49 reinstated under this section, the person's privileges as a member
2-50 of the Board, including voting privileges, are suspended.
2-51 SECTION 2. This Act takes effect September 1, 1995.
2-52 SECTION 3. The importance of this legislation and the
2-53 crowded condition of the calendars in both houses create an
2-54 emergency and an imperative public necessity that the
2-55 constitutional rule requiring bills to be read on three several
2-56 days in each house be suspended, and this rule is hereby suspended.
2-57 * * * * *