By Shields                                            H.B. No. 2791
          Substitute the following for H.B. No. 2791:
          By Averitt                                        C.S.H.B. No. 2791
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the retirement system for police officers and fire
    1-3  fighters in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1.02, Chapter 824, Acts of the 73rd
    1-6  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
    1-7  Civil Statutes), is amended by adding Subdivision (5) to read as
    1-8  follows:
    1-9              (5)  "Total salary" means all salary, excluding
   1-10  overtime pay, and for police officers, excluding Field Training
   1-11  Officers' pay and Standby pay (which includes bomb squad pay, SWAT
   1-12  team pay, K-9 pay, and hostage team pay).
   1-13        SECTION 2.  Sections 4.01 and 4.02, Chapter 824, Acts of the
   1-14  73rd Legislature, Regular Session, 1993 (Article 6243o, Vernon's
   1-15  Texas Civil Statutes), are amended to read as follows:
   1-16        Sec. 4.01.  Membership.  (a)  A person becomes a member of
   1-17  the fund as a condition of employment if the person:
   1-18              (1)  has served eight months <been properly appointed
   1-19  and enrolled> as a fire fighter or police officer of a municipality
   1-20  to which this Act applies, including a period as a trainee in the
   1-21  appropriate training academy <in a position or office established
   1-22  and classified by municipal ordinance>; and
   1-23              (2)  <has served the probationary period for the
   1-24  position;>
    2-1              <(3)  has served for six months as a fire fighter or
    2-2  police officer of the municipality; and>
    2-3              <(4)>  was not younger than 18 <and had not attained
    2-4  the age of 36> at the time of appointment.
    2-5        (b)  Notwithstanding Subsection (a) of this section, a person
    2-6  in a classified position in either the fire department or police
    2-7  department who was barred from entry in the fund solely because the
    2-8  person had attained the age of 36 at the time that the person would
    2-9  have otherwise been eligible to enter the fund and for that reason
   2-10  became a member of the Texas Municipal Retirement System and who is
   2-11  otherwise eligible for membership in the fund shall become a member
   2-12  of the fund as a condition of continued employment.  The person
   2-13  must make application to the fund not later than the 30th day after
   2-14  the date on which the person receives notification of this
   2-15  provision.
   2-16        (c)  A person who becomes a member of the fund under
   2-17  Subsection (b) of this section shall be given service credit as
   2-18  though the person became a member of the fund October 16, 1990, if
   2-19  the person pays into the fund, in accordance with procedures
   2-20  established by the board, pension contributions for all service
   2-21  credit allowed based on amounts that would have been deducted if
   2-22  the person had been allowed to enter the fund on that date.
   2-23        (d)  A person who was a member of the Texas Municipal
   2-24  Retirement System and on October 16, 1990, became a member of the
   2-25  fund shall be allowed service credit from the time that the person
   2-26  would have otherwise been eligible for membership in the fund but
   2-27  for the age prohibition, through October 15, 1990, if the person
    3-1  complies with Subsection (b) of this section and pays into the
    3-2  fund, in accordance with procedures established by the board, a sum
    3-3  of money equal to the amount of money that would have been deducted
    3-4  from that person's salary during the period for which service
    3-5  credit is sought.  Service credit may be obtained only in
    3-6  increments of full months, with the minimum being one month and the
    3-7  maximum being all of the time during the period for which service
    3-8  credit is sought.
    3-9        (e)  A person who becomes a member of the fund under
   3-10  Subsection (a) or (b) of this section or who is allowed service
   3-11  credit under Subsection (d) of this section and who, before
   3-12  becoming a member of the fund, did not provide an authorization for
   3-13  release of medical information for any medical records dated on or
   3-14  after the date of initial application for employment must provide
   3-15  that authorization when requested by the board or in the
   3-16  alternative, as required by the board, must submit to a physical
   3-17  examination by a physician selected by the board.  A person's
   3-18  membership in the fund is terminated if the person fails to comply
   3-19  with this subsection within a reasonable period established by the
   3-20  board.
   3-21        (f) <(b)>  The drawing of compensation by an officer or
   3-22  employee in the fire or police department for service in that
   3-23  department does not of itself make that person a member of the
   3-24  fund.
   3-25        (g) <(c)>  The regularity of an appointment as a fire fighter
   3-26  or police officer of a municipality to which this Act applies may
   3-27  not be presumed from the serving of the full probationary period,
    4-1  if any.  The service of the probationary period by an officer or
    4-2  employee as a fire fighter or police officer of a municipality to
    4-3  which this Act applies does not constitute the creation of a
    4-4  position or office to which a proper appointment has been made for
    4-5  purposes of this Act.
    4-6        Sec. 4.02.  FAMILY AND MEDICAL LEAVE <REINSTATEMENT>.  (a)
    4-7  If a member takes unpaid leave as provided by the Family and
    4-8  Medical Leave Act (29 U.S.C. Section 2601 et seq.), that member is
    4-9  entitled to make voluntary contributions for the leave period in
   4-10  the same amount as the member would have paid if the member had not
   4-11  taken the leave.  Those payments must be made not later than the
   4-12  30th day after the date the member returns from that leave.  A
   4-13  computation of contributions under this section shall be made in
   4-14  the same manner as other computations under this Act.  A
   4-15  municipality to which this Act applies shall match an amount equal
   4-16  to twice the amount of each payment a member makes to the fund
   4-17  under this subsection.
   4-18        (b)  If the member does not comply with Subsection (a) of
   4-19  this section, the member loses all credit toward the member's
   4-20  retirement annuity for the period the member was on leave  <A
   4-21  former fund member who has reentered the fire or police department
   4-22  may not be barred from membership in the fund because of age as
   4-23  long as the member can qualify for a 30-year pension on or before
   4-24  the member's 65th birthday>.
   4-25        SECTION 3.  Section 4.03(c), Chapter 824, Acts of the 73rd
   4-26  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
   4-27  Civil Statutes), is amended to read as follows:
    5-1        (c)  The member must make the payment described by Subsection
    5-2  (b) of this section in full within an amount of time after the
    5-3  member's return that is equal to three times <twice> the amount of
    5-4  time the member was absent, except that the maximum period for
    5-5  payment may not exceed five <four> years.
    5-6        SECTION 4.  Sections 4.04, 4.07, and 5.01, Chapter 824, Acts
    5-7  of the 73rd Legislature, Regular Session, 1993 (Article 6243o,
    5-8  Vernon's Texas Civil Statutes), are amended to read as follows:
    5-9        Sec. 4.04.  MEMBER CONTRIBUTIONS.  (a)  There shall be
   5-10  deducted from the wages of each fire fighter and police officer in
   5-11  the employment of a municipality to which this Act applies a
   5-12  percentage of the member's total salary<, excluding overtime pay,>
   5-13  according to the following schedule:
   5-14              (1)  11.16 percent for full pay periods after September
   5-15  30, 1993, but before October 1, 1994;
   5-16              (2)  11.32 percent for full pay periods after September
   5-17  30, 1994, but before October 1, 1995;
   5-18              (3)  11.50 percent for full pay periods after September
   5-19  30, 1995, but before October 1, 1996;
   5-20              (4)  11.66 percent for full pay periods after September
   5-21  30, 1996, but before October 1, 1997;
   5-22              (5)  11.82 percent for full pay periods after September
   5-23  30, 1997, but before October 1, 1998;
   5-24              (6)  12 percent for full pay periods after September
   5-25  30, 1998, but before October 1, 1999;
   5-26              (7)  12.16 percent for full pay periods after September
   5-27  30, 1999, but before October 1, 2000;
    6-1              (8)  12.32 percent for full pay periods after September
    6-2  30, 2000, but before October 1, 2001; and
    6-3              (9)  12.50 percent for full pay periods after September
    6-4  30, 2001.
    6-5        (b)  The municipality shall pick up the member contributions
    6-6  that are required by Subsection (a) of this section.
    6-7        (c)  Contributions picked up by the municipality shall be
    6-8  treated as employer contributions in accordance with Section
    6-9  414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Section
   6-10  414) for the purpose of determining tax treatment of the amounts
   6-11  under the Internal Revenue Code of 1986.  Those contributions are
   6-12  not included in the gross income of the employee until the time
   6-13  they are distributed or made available to the employee.
   6-14        Sec. 4.07.  <NO> REFUND OF CONTRIBUTIONS.  (a)  During the
   6-15  first five years of membership, a <A> member of the fund is not
   6-16  entitled to any refund from the fund of any portion of the money
   6-17  deducted from the member's pay for the benefit of the fund.  That
   6-18  money is <public money and> the property of the fund for the
   6-19  benefit of the members qualifying for benefits and for their
   6-20  beneficiaries.
   6-21        (b)  A member of the fund who terminates employment before
   6-22  the member's right to benefits under the fund has vested but who
   6-23  has contributed to the fund for at least five years is entitled to
   6-24  a refund of the member's contributions that were picked up by the
   6-25  municipality.  That refund shall be paid without interest.  A
   6-26  member who terminates employment to receive a disability pension or
   6-27  a survivor beneficiary under this Act is not entitled to a refund
    7-1  under this subsection.  A person's acceptance of a refund under
    7-2  this subsection precludes the person from any other right or
    7-3  benefit under this Act.
    7-4        Sec. 5.01.  Retirement benefits.  (a)  If a member of the
    7-5  fund has contributed a portion of that member's salary as provided
    7-6  by this Act and has contributed and served for 20 years or more in
    7-7  the fire or police department, the board shall, on the application
    7-8  of the member for a retirement annuity, authorize a retirement
    7-9  annuity to the member.
   7-10        (b)  The board shall compute the retirement annuity of a
   7-11  member who retires after September 30, 1991, but before October 1,
   7-12  1995, on the basis of the average of the member's total salary<,
   7-13  excluding overtime pay,> for the highest three years of the last
   7-14  five years, computed from the date of retirement, of the member's
   7-15  pay at the rate of two percent for each of the first 20 years
   7-16  served, plus 3 1/2 percent for each of the next 10 years served,
   7-17  plus one percent for each of the next five years served, with
   7-18  fractional years prorated based on full months served as a
   7-19  contributing member, but the annuity may not exceed, as of the date
   7-20  of retirement, 80 percent of the average so determined.
   7-21        (c)  The board shall compute the retirement annuity of a
   7-22  member who retires after September 30, 1995, on the basis of the
   7-23  average of the member's total salary for the highest three years of
   7-24  the last five years, computed from the date of retirement, of the
   7-25  member's pay at the rate of two percent for each of the first 20
   7-26  years served, plus four percent for each of the next five years
   7-27  served, plus 3 1/2 percent for each of the next five years served,
    8-1  plus one percent for each of the next five years served, with
    8-2  fractional years prorated based on full months served as a
    8-3  contributing member.  In making the computation for a year, the
    8-4  year is considered to begin on the first day a contribution is
    8-5  made.  An annuity under this subsection may not exceed, as of the
    8-6  date of retirement, 82.5 percent of the average determined under
    8-7  this subsection.
    8-8        (d) <(c)>  A member may not receive an award from the fund
    8-9  for service retirement until the member has served at least 20
   8-10  years in the fire or police department and has also contributed the
   8-11  required amount of money for at least 20 years.  In determining the
   8-12  number of years of service in a department, the member shall be
   8-13  given full credit for the time the member was actively engaged in
   8-14  military service in accordance with Section 4.03 of this Act and
   8-15  for absences taken under the Family and Medical Leave Act (29
   8-16  U.S.C. Section 2601 et seq.), in accordance with Section 4.02(a) of
   8-17  this Act.  Disciplinary suspensions of 15 days or less may not be
   8-18  subtracted from a member's service credit under this Act if the
   8-19  member has paid into the fund within 30 days after the termination
   8-20  date of each suspension a sum of money equal to the amount of money
   8-21  that would have been deducted from that person's salary during that
   8-22  period of suspension if it had not been for that suspension.  A
   8-23  municipality to which this Act applies shall double-match a payment
   8-24  made under this subsection.
   8-25        (e) <(d)  If a member of the fire or police department has
   8-26  served for 30 years or more in either department and has
   8-27  contributed a portion of that member's salary as provided by this
    9-1  Act for the same period, that member is retired automatically from
    9-2  service on the member's 65th birthday.>
    9-3        <(e)  If, on a member's 65th birthday, the member has served
    9-4  less than 30 years in either department and has not contributed a
    9-5  portion of that member's salary as provided by this Act for that
    9-6  period, the member may continue service and contributions until the
    9-7  total service equals and the contributions have been made for 30
    9-8  years.>
    9-9        <(f)>  Except as provided by Subsection (f) <(g)> of this
   9-10  section, members of the fund at the time of their retirement shall
   9-11  receive service credit for all unused sick leave accumulated by
   9-12  them under Chapter 143, Local Government Code, and its subsequent
   9-13  amendments, with fractional years prorated based on full months of
   9-14  sick leave.
   9-15        (f) <(g)>  The retirement annuity for a member under
   9-16  Subsection (e) <(f)> of this section may not exceed, as of the date
   9-17  of retirement, 82.5 <80> percent of the average, determined under
   9-18  that subsection and under the ordinances of a municipality to which
   9-19  this Act applies, that exceeds 90 days of accumulated sick leave.
   9-20        SECTION 5.  Article 5, Chapter 824, Acts of the 73rd
   9-21  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
   9-22  Civil Statutes), is amended by adding Section 5.015 to read as
   9-23  follows:
   9-24        Sec. 5.015.  LUMP-SUM BENEFIT PAYMENT AND ELECTION.  (a)  At
   9-25  the time a member applies for retirement benefits under Section
   9-26  5.01, the member may elect to receive a lump-sum payment, for and
   9-27  in consideration of a reduced annuity benefit as provided by this
   10-1  section.
   10-2        (b)  The election of a lump-sum payment with a reduced
   10-3  annuity benefit:
   10-4              (1)  may be made only in increments of full months, not
   10-5  to exceed 24 months; and
   10-6              (2)  must be made at the time of application for
   10-7  retirement.
   10-8        (c)  To be eligible for a lump-sum payment under this
   10-9  section, a member of the fund must have contributed a portion of
  10-10  that member's salary, as provided by this Act, and have contributed
  10-11  and served at least 20 years and 1 month in the fire or police
  10-12  department.
  10-13        (d)  The amounts of the monthly annuity payments shall be
  10-14  computed as of the date the member elects the lump-sum payment, but
  10-15  the computation may not exceed a monthly annuity payment of 82.5
  10-16  percent of the average computed as provided by Section 5.01 of this
  10-17  Act.  The monthly retirement computed under this subsection shall
  10-18  be the monthly annuity amount for future annuity payments.
  10-19        (e)  For the purposes of computing the lump-sum payment, the
  10-20  monthly annuity payment computed under Subsection (d) of this
  10-21  section shall be recomputed to exclude service credit for sick
  10-22  leave accumulated on the date of retirement.  The recomputed
  10-23  annuity shall be multiplied by the increments of full months
  10-24  elected as provided by Subsection (a) of this section, to compute
  10-25  the lump-sum payment.
  10-26        (f)  A member may defer receiving the lump-sum payment under
  10-27  this section for a period of not longer than 12 months after the
   11-1  date of the member's effective retirement date.  Interest may not
   11-2  be paid on the deferred amount at the time of distribution.
   11-3        (g)  The board by administrative rule shall implement this
   11-4  section in a manner that preserves the eligibility of the tax
   11-5  qualification under the Internal Revenue Code of 1986 and may
   11-6  revise the program as necessary to retain tax qualification.
   11-7        SECTION 6.  Sections 5.04(a) and (c), Chapter 824, Acts of
   11-8  the 73rd Legislature, Regular Session, 1993 (Article 6243o,
   11-9  Vernon's Texas Civil Statutes), are amended to read as follows:
  11-10        (a)  A member who is eligible to receive a disability
  11-11  retirement annuity is entitled to receive from the fund 50 percent
  11-12  of the average of the member's total salary<, excluding overtime
  11-13  pay,> for the highest three years of the last five years, computed
  11-14  from the date of retirement or, if the member has served less than
  11-15  three years before the date of retirement, 50 percent of the
  11-16  member's average monthly salary<, excluding overtime pay,> or a
  11-17  theoretical monthly average if service is less than a full month.
  11-18        (c)  The amount of 50 percent of the average total salary<,
  11-19  excluding overtime pay,> is the maximum amount of disability
  11-20  retirement annuity for total and permanent disability.
  11-21        SECTION 7.  Section 5.05(c), Chapter 824, Acts of the 73rd
  11-22  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  11-23  Civil Statutes), is amended to read as follows:
  11-24        (c)  For those retired because of disability on or after
  11-25  August 30, 1971, the disability retirement annuity may not be
  11-26  reduced to less than two percent, for each year that the retiree
  11-27  has served and contributed a portion of salary, of the average of
   12-1  the member's total salary<, excluding overtime pay,> for the
   12-2  highest three years of the last five years, computed from the date
   12-3  of retirement, or if the member has served less than three years
   12-4  before the date of retirement, 50 percent of the member's average
   12-5  monthly salary, excluding overtime pay, or a theoretical monthly
   12-6  average if service is less than a full month.  All fractional years
   12-7  shall be prorated based on full months served on the fire or police
   12-8  department as a contributing member of the fund before the date of
   12-9  retirement.
  12-10        SECTION 8.  Section 5.09(a), Chapter 824, Acts of the 73rd
  12-11  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  12-12  Civil Statutes), is amended to read as follows:
  12-13        (a)  At or before its regular meeting in the month of March,
  12-14  the board annually shall review the Consumer's Price Index for
  12-15  Moderate Income Families in Large Cities--All Items or the nearest
  12-16  equivalent published by the United States Bureau of Labor
  12-17  Statistics for the preceding calendar year.  If that index shows an
  12-18  increase during the preceding calendar year in the cost of living
  12-19  as compared with that index at the close of the previous year, the
  12-20  board shall order an increase of all retirement annuities by the
  12-21  number of full percentage points closest to the exact amount of the
  12-22  increase of that index, except that any increased retirement
  12-23  annuities are payable:
  12-24              (1)  only at the rate of 75 percent of the applicable
  12-25  cost-of-living percentage for those retirees, and the beneficiaries
  12-26  of those retirees, who were retired on and after October 1, 1989;
  12-27  and
   13-1              (2)  at the rate of 87.5 percent of the consumer price
   13-2  index specified by this subsection if the index is eight percent or
   13-3  less, with the maximum cost-of-living adjustment capped at the rate
   13-4  of six percent, and at the rate of 75 percent of the index if the
   13-5  index is greater than eight percent for those retirees, and the
   13-6  beneficiaries of those retirees, who were retired on or after
   13-7  August 30, 1971, but before October 1, 1989 <August 30, 1971>.
   13-8        SECTION 9.  Section 5.11, Chapter 824, Acts of the 73rd
   13-9  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  13-10  Civil Statutes), is amended by amending Subsection (c) and adding
  13-11  Subsection (j) to read as follows:
  13-12        (c)  Accrued benefits under this Act become 100 percent
  13-13  vested for all members on termination of the fund or on occurrence
  13-14  of another event described in Section 401(a)(17) of the code and
  13-15  become 100 percent vested for a member on the date the member
  13-16  <becomes 65 years of age and> has completed 20 years of service.
  13-17        (j)  To the extent permitted by law, the board may adjust the
  13-18  benefits of retired members and beneficiaries by increasing any
  13-19  retirement benefit that was reduced as inflationary indexing under
  13-20  Section 415 of the Internal Revenue Code of 1986 (Section 26 U.S.C.
  13-21  Section 415).  If the definition of compensation is amended under
  13-22  that section to include amounts previously excluded as
  13-23  compensation, the board may adjust the benefits of retired members
  13-24  and beneficiaries, including the payment of benefits previously
  13-25  forfeited.  Benefits paid under this subsection are not considered
  13-26  as extra compensation earned after retirement but as the delayed
  13-27  payment of benefits earned before retirement.
   14-1        SECTION 10.  Sections 6.02(c) and (d), Chapter 824, Acts of
   14-2  the 73rd Legislature, Regular Session, 1993 (Article 6243o,
   14-3  Vernon's Texas Civil Statutes), are amended to read as follows:
   14-4        (c)  If there are no children, the surviving spouse is
   14-5  entitled to receive an amount not to exceed 60 <57.50> percent of
   14-6  the average total salary<, excluding overtime pay,> of the deceased
   14-7  member computed as provided under Subsection (a) of this section.
   14-8        (d)  If there is no surviving spouse, the children are
   14-9  entitled to receive not more than 30 <28.75> percent of the average
  14-10  total salary computed as provided under Subsection (a) of this
  14-11  section, except that if the board determines on investigation that
  14-12  the eligible children are destitute, the board may increase the
  14-13  death benefit annuity to an amount not to exceed 40 percent of that
  14-14  average total salary.  The amount awarded under this subsection to
  14-15  any child shall be paid by the board to the legal guardian of the
  14-16  child.
  14-17        SECTION 11.  Section 6.03(c), Chapter 824, Acts of the 73rd
  14-18  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  14-19  Civil Statutes), is amended to read as follows:
  14-20        (c)  Notwithstanding the formulas for computing the total
  14-21  amounts of annuities otherwise provided by this section, if a
  14-22  member is killed in the line of duty, the member's surviving spouse
  14-23  and dependent children are entitled to a death benefit annuity
  14-24  equal to the total salary<, excluding overtime pay,> of the member
  14-25  at the time of death.  Rules provided by this section relating to
  14-26  qualification and disqualification for and apportionment of
  14-27  benefits apply to a death benefit annuity computed under this
   15-1  subsection.   A death benefit annuity computed under this
   15-2  subsection is subject to the same cost-of-living adjustments that
   15-3  apply to pensions for service retirement.
   15-4        SECTION 12.  Section 6.04, Chapter 824, Acts of the 73rd
   15-5  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
   15-6  Civil Statutes), is amended to read as follows:
   15-7        Sec. 6.04.  Remarriage; benefits after termination of
   15-8  marriage.  (a)  If a surviving spouse remarries or a dependent
   15-9  child marries before October 1, 1995, the <The> right of a
  15-10  surviving spouse or dependent child to annuity payments under this
  15-11  Act terminates on the remarriage of the surviving spouse<, either
  15-12  statutory or common law,> or on the marriage of the child, as
  15-13  applicable, under either statutory law or under common law as
  15-14  prescribed by Section 6.06 of this Act.
  15-15        (b)  The right of a <If the remarried> surviving spouse or
  15-16  <married> dependent child to annuity payments under this Act is not
  15-17  affected by the surviving spouse's remarriage or dependent child's
  15-18  marriage under either statutory or common law if the marriage or
  15-19  remarriage takes place on or after October 1, 1995 <becomes
  15-20  unmarried, that person is entitled, on application, to the greater
  15-21  of 75 percent of the annuity that was in effect on the date of
  15-22  termination or a minimum annuity of $800 each month for as long as
  15-23  that person remains unmarried>.
  15-24        (c)  If after October 1, 1995, there is a termination of the
  15-25  remarriage of a surviving spouse or the marriage of a dependent
  15-26  child, that person is entitled, on application, to 100 percent of
  15-27  the annuity that was in effect on the date of termination.
   16-1        (d)  A surviving spouse or dependent child who is unmarried
   16-2  but receiving reduced benefits because of a prior marriage that
   16-3  caused the benefits to be terminated is entitled to 100 percent of
   16-4  the annuity that was in effect on the original date of termination.
   16-5        (e)  The benefit provided under Subsections (c) and (d) of
   16-6  this section shall be applied prospectively beginning October 1,
   16-7  1995, and the surviving spouse or dependent child is not entitled
   16-8  to receive any benefits or increases in benefits relating to any
   16-9  period before October 1, 1995.
  16-10        SECTION 13.  Section 6.05(b), Chapter 824, Acts of the 73rd
  16-11  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  16-12  Civil Statutes), is amended to read as follows:
  16-13        (b)  If the <surviving spouse,> dependent beneficiary<,> or
  16-14  guardian fails or refuses to file an affidavit required under
  16-15  Subsection (a) of this section or if an incomplete, incorrect, or
  16-16  false affidavit is filed, the board may suspend annuity payments to
  16-17  that person indefinitely until the person complies with the
  16-18  requests and orders of the board.
  16-19        SECTION 14.  Section 6.07, Chapter 824, Acts of the 73rd
  16-20  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  16-21  Civil Statutes), is amended to read as follows:
  16-22        Sec. 6.07.  Surviving spouse's right to single entitlement.
  16-23  A <Unless otherwise provided by law, a> surviving spouse who is not
  16-24  a member of the fund is not entitled to more than one annuity from
  16-25  the fund.
  16-26        SECTION 15.  Section 6.09(a), Chapter 824, Acts of the 73rd
  16-27  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
   17-1  Civil Statutes), is amended to read as follows:
   17-2        (a)  If a contributing member in good standing of the fire or
   17-3  police department or a retiree dies before or after retirement and
   17-4  leaves no surviving spouse or child but leaves surviving a father
   17-5  and mother wholly dependent on that person for support, the
   17-6  dependent father and mother are entitled to receive one-third of
   17-7  the average total salary<, excluding overtime pay,> of the deceased
   17-8  member based on the same number of years of the member's pay as is
   17-9  currently provided for computations of retirement annuities under
  17-10  Section 5.01(a) of this Act, the annuity to be equally divided
  17-11  between the father and mother as long as they are wholly dependent.
  17-12  If there is only one dependent, either father or mother, the board
  17-13  shall grant the surviving dependent an annuity not to exceed
  17-14  one-fourth that average total salary as computed under this
  17-15  subsection.
  17-16        SECTION 16.  Section 6.11(a), Chapter 824, Acts of the 73rd
  17-17  Legislature, Regular Session, 1993 (Article 6243o, Vernon's Texas
  17-18  Civil Statutes), is amended to read as follows:
  17-19        (a)  If a member of the fire or police department in active
  17-20  service dies and does not leave an eligible surviving spouse, a
  17-21  child under 17 years of age, a child under 19 years of age who is
  17-22  attending school, a mentally or physically disabled child, or a
  17-23  dependent father or mother, the estate of the deceased member is
  17-24  entitled to a death benefit payment in the amount of $10,000 from
  17-25  the fund or the refund of contributions as provided by Section 4.07
  17-26  of this Act, whichever amount is greater.
  17-27        SECTION 17.  Sections 7.04(a) and (b), Chapter 824, Acts of
   18-1  the 73rd Legislature, Regular Session, 1993 (Article 6243o,
   18-2  Vernon's Texas Civil Statutes), are amended to read as follows:
   18-3        (a)  The board shall cause the reserve retirement funds to be
   18-4  invested in a manner that a prudent investor would invest,
   18-5  considering the purposes, terms, distribution requirements, and
   18-6  other circumstances <consistent with the care, skill, and diligence
   18-7  under the prevailing circumstances that a prudent person acting in
   18-8  a like capacity and familiar with matters of the type would use in
   18-9  the conduct> of an enterprise with a like character and like aims.
  18-10        (b)  The board shall diversify the investment of the fund to
  18-11  minimize the risk of large losses unless under the circumstances it
  18-12  is clearly prudent not to do so.  In determining whether the board
  18-13  has exercised prudence concerning an investment decision, the
  18-14  investment of all assets of the fund, rather than the prudence of a
  18-15  single investment of <investing the assets of the fund, the board
  18-16  shall be bound by the documents and instruments governing> the
  18-17  fund, shall be considered.
  18-18        SECTION 18.  This Act takes effect October 1, 1995.
  18-19        SECTION 19.  The importance of this legislation and the
  18-20  crowded condition of the calendars in both houses create an
  18-21  emergency and an imperative public necessity that the
  18-22  constitutional rule requiring bills to be read on three several
  18-23  days in each house be suspended, and this rule is hereby suspended.