S.B. No. 449
                                        AN ACT
    1-1  relating to membership in, contributions to, and administration of
    1-2  local retirement systems for fire fighters.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3,  Texas Local Fire Fighters Retirement
    1-5  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
    1-6  adding Subsection (e) to read as follows:
    1-7        (e)  In addition to the other applicability of this Act, this
    1-8  Act applies to a political subdivision outside the boundaries of a
    1-9  municipality that has a regularly organized fire department not
   1-10  consisting exclusively of volunteers, except a political
   1-11  subdivision whose fire department is governed by another state law
   1-12  providing for retirement benefits for fire department personnel.
   1-13  If the political subdivision's fire department consists partly of
   1-14  volunteers eligible to participate in the program provided by
   1-15  Chapter 269, Acts of the 65th Legislature, Regular Session, 1977
   1-16  (Article 6243e.3, Vernon's Texas Civil Statutes),  and partly of
   1-17  employees, this Act applies to fire department personnel who are
   1-18  employees.
   1-19        SECTION 2.  Section 27, Texas Local Fire Fighters Retirement
   1-20  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   1-21  read as follows:
   1-22        Sec. 27.  Investment of assets.  (a)  A board of trustees
   1-23  established under this Act shall keep a sufficient amount of cash
   1-24  on hand to make payments as they become due under the retirement
    2-1  system.  If a board determines that the fund of its retirement
    2-2  system contains an amount in excess of the amount needed to make
    2-3  payments as they become due, the board may invest any portion of
    2-4  the excess in:
    2-5              (1)  bonds or other interest-bearing obligations and
    2-6  securities of the United States, the state, or a political
    2-7  subdivision of the state;
    2-8              (2)  shares and share accounts of savings and loan
    2-9  associations to the extent that the shares and share accounts are
   2-10  insured by the Federal Savings and Loan Insurance Corporation;
   2-11              (3)  first-lien real estate mortgage securities insured
   2-12  by the Federal Housing Administration;
   2-13              (4)  bonds of companies incorporated within the United
   2-14  States;
   2-15              (5)  common and preferred stocks of companies
   2-16  incorporated within the United States that, unless the stocks are
   2-17  bank or insurance stocks, are listed on an exchange registered with
   2-18  the Securities and Exchange Commission or its successor;
   2-19              (6)  guaranteed investment contracts offered by
   2-20  insurance companies;
   2-21              (7)  money market funds;
   2-22              (8)  mutual funds and other pooled funds;
   2-23              (9)  international stocks traded as American depository
   2-24  receipts; and
   2-25              (10)  over-the-counter stocks.
   2-26        (b)  In making investments for a retirement system, its board
   2-27  of trustees shall exercise the judgment and care, under the
    3-1  circumstances prevailing at the time of the investment, that
    3-2  persons of ordinary prudence, discretion, and intelligence exercise
    3-3  in the management of their own affairs, not in speculation but when
    3-4  making a permanent disposition of their funds, considering the
    3-5  probable income from the disposition and the probable safety of
    3-6  their capital.
    3-7        (c)  <At any particular time, not more than 60 percent of the
    3-8  book value of the assets of a fund may be invested in corporate
    3-9  stocks.>  A board of trustees established under this Act may not
   3-10  invest in the stock or bonds of one corporation more than five
   3-11  percent of the book value of the assets of a fund.  A retirement
   3-12  system may not own more than five percent of the voting stock of
   3-13  one corporation.
   3-14        (d)  <After August 31, 1991, a board of trustees established
   3-15  under this Act may not acquire an investment in a bank or other
   3-16  financial institution that directly or through a subsidiary has a
   3-17  loan outstanding to the government of the Republic of South Africa
   3-18  or to an instrumentality of that government.>
   3-19        <(e)>  A board of trustees established under this Act shall
   3-20  adopt formal investment policies that emphasize safety and
   3-21  diversity as well as liquidity for benefit payments.  In developing
   3-22  those policies, the board of trustees shall give special
   3-23  consideration to the preferred investment practices of the
   3-24  Government Financial Officers Association.  Not later than December
   3-25  31 of each year, the board of trustees shall submit to the fire
   3-26  fighters' pension commissioner a copy of the investment policies
   3-27  adopted by the board <a written investment policy stating how
    4-1  assets of the retirement system that it administers may be
    4-2  invested>.
    4-3        SECTION 3.  Subsection (e), Section 29, Texas Local Fire
    4-4  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
    4-5  Statutes), is amended to read as follows:
    4-6        (e)  Each person who is a member of a retirement system as a
    4-7  current fire department volunteer shall contribute to the system an
    4-8  annual amount <of not less than $3 nor more than $5.  The amount
    4-9  must be> determined by majority vote by secret ballot of the
   4-10  volunteers of the department who are participating members of the
   4-11  retirement system.  A municipality may at any time make the member
   4-12  contributions required under this subsection on behalf of its
   4-13  volunteers and any other contributions the municipality chooses to
   4-14  make to the retirement system.
   4-15        SECTION 4.  Subdivisions (1), (2), and (8), Section 2, Texas
   4-16  Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
   4-17  Civil Statutes), are amended to read as follows:
   4-18              (1)  "Contribution" means an amount of money paid by a
   4-19  municipality or other political subdivision to a retirement system
   4-20  or required to be paid periodically to a retirement system by or on
   4-21  behalf of a member of the retirement system for the purpose of
   4-22  financing benefits payable by the system.
   4-23              (2)  "Employee" means a person who regularly performs
   4-24  services for a fire department, who is a member of the retirement
   4-25  system that includes the fire department, and who regularly
   4-26  receives compensation for those services of at least $200 a month.
   4-27  The term includes a person described by Subsection (d) of Section 9
    5-1  of this Act who regularly receives compensation by the municipality
    5-2  or other political subdivision of at least $200 a month.
    5-3              (8)  "Volunteer" means a person who regularly performs
    5-4  services for a fire department, who is a member of the retirement
    5-5  system that includes the fire department, and who either receives
    5-6  no compensation for those services or regularly receives
    5-7  compensation for those services of less than $200 a month.  The
    5-8  term includes a person described by Subsection (d) of Section 9 of
    5-9  this Act who either receives no compensation for service to a
   5-10  municipality or other political subdivision or regularly receives
   5-11  compensation for that service of less than $200 a month.
   5-12        SECTION 5.  Section 4, Texas Local Fire Fighters Retirement
   5-13  Act (Article 6243e, Vernon's  Texas Civil Statutes), is amended to
   5-14  read as follows:
   5-15        Sec. 4.  RETIREMENT SYSTEM AND TRUST FUND.  A fire fighters'
   5-16  retirement system and trust fund are established in each
   5-17  municipality or other political subdivision to which this Act
   5-18  applies.  The board of trustees of each retirement system
   5-19  established by this Act shall hold or cause to be held in trust the
   5-20  assets appropriated or dedicated to the system or fund, separate
   5-21  from other money or accounts administered by the board of trustees
   5-22  or the municipality or other political subdivision, for the
   5-23  exclusive benefit of the members and retirees of the system and
   5-24  their beneficiaries.
   5-25        SECTION 6.  Subsection (b), Section 11, Texas Local Fire
   5-26  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   5-27  Statutes), is amended to read as follows:
    6-1        (b)  If a person makes the deposit described by Subsection
    6-2  (a) of this section, the municipality or other political
    6-3  subdivision served by the fire department that employs the person
    6-4  shall deposit with the retirement system an amount determined by
    6-5  the board that is equal to the sum of:
    6-6              (1)  the amount that the municipality or other
    6-7  political subdivision would have contributed to the system if the
    6-8  person's previous fire department service had been performed for
    6-9  the department by which the person is employed, computed on the
   6-10  <municipality> contribution rate of the municipality or other
   6-11  political subdivision in effect in the retirement system at the
   6-12  time the service was performed and on the person's compensation for
   6-13  the previous service; and
   6-14              (2)  interest on the amount described by Subdivision
   6-15  (1) of this subsection at the rate of eight percent, compounded
   6-16  annually, from the date the service was performed to the date of
   6-17  deposit.
   6-18        SECTION 7.  Subsection (f), Section 18, Texas Local Fire
   6-19  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   6-20  Statutes), is amended to read as follows:
   6-21        (f)  A board of trustees established under this Act may
   6-22  designate a bank or, as applicable, the chief <municipal> financial
   6-23  officer of the municipality or other political subdivision or the
   6-24  secretary-treasurer of the board to be custodian of the assets of
   6-25  the retirement system.  If the chief <municipal> financial officer
   6-26  or the secretary-treasurer of the board is designated custodian,
   6-27  the person's official bond and oath of office are conditioned
    7-1  additionally on the faithful performance of the person's duties as
    7-2  custodian of the assets of the retirement system.
    7-3        SECTION 8.  Subsections (a) and (b), Section 19, Texas Local
    7-4  Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
    7-5  Statutes), are amended to read as follows:
    7-6        (a)  In each municipality and other political subdivision to
    7-7  which this Act applies and that has a fire department that does not
    7-8  consist exclusively of volunteers, the fire fighters' retirement
    7-9  system is governed by a board of trustees consisting of:
   7-10              (1)  the mayor of the municipality or the mayor's
   7-11  designated representative or the chief operating officer of the
   7-12  political subdivision or the chief operating officer's designated
   7-13  representative, as applicable;
   7-14              (2)  the chief <municipal> financial officer of the
   7-15  municipality or other political subdivision or, if there is no
   7-16  officer denominated as chief financial officer, the person who
   7-17  performs the duties of chief <municipal> financial officer or a
   7-18  person designated by the chief <municipal> financial officer or by
   7-19  the person performing the duties of chief <municipal> financial
   7-20  officer;
   7-21              (3)  three members of the retirement system elected by
   7-22  participating members as provided by Subsection (b) of this
   7-23  section; and
   7-24              (4)  two residents of the municipality or other
   7-25  political subdivision who are not officers or employees of the
   7-26  municipality or other political subdivision and who are elected by
   7-27  a majority vote of the members of the board of trustees determined
    8-1  as provided by Subdivisions (1), (2), and (3) of this subsection.
    8-2        (b)  During each period that begins on December 1 of one year
    8-3  and ends on January 31 of the following year, the participating
    8-4  members of a fire fighters' retirement system in a municipality or
    8-5  other political subdivision subject to this section shall elect by
    8-6  secret ballot and certify to the governing body of the municipality
    8-7  or other political subdivision a member to the board of trustees to
    8-8  serve a term of three years.  To be elected a member of a board of
    8-9  trustees under this subsection, a person must be a member of the
   8-10  retirement system and receive a majority of the votes cast in the
   8-11  election, and at least 50 percent of all participating members of
   8-12  the retirement system must vote in the election.
   8-13        SECTION 9.  Subsection (b), Section 24, Texas Local Fire
   8-14  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   8-15  Statutes), is amended to read as follows:
   8-16        (b)  The cost of an audit may be paid by the municipality or
   8-17  other political subdivision or from the assets of the fund.
   8-18        SECTION 10.  Section 26, Texas Local Fire Fighters Retirement
   8-19  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   8-20  read as follows:
   8-21        Sec. 26.  GIFTS ACCEPTED FROM ANY SOURCE.  The board of
   8-22  trustees of a retirement system established under this Act is
   8-23  authorized to accept and receive for the use and benefit of the
   8-24  fund, in addition to member contributions and <municipality>
   8-25  contributions of the municipality or other political subdivision,
   8-26  gifts of money from any source.
   8-27        SECTION 11.  Subsection (g), Section 28, Texas Local Fire
    9-1  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
    9-2  Statutes), is amended to read as follows:
    9-3        (g)  The cost of investment managing or counseling services
    9-4  may be paid by the municipality or other political subdivision or
    9-5  from the assets of the fund.
    9-6        SECTION 12.  Subsections (a), (b), (c), and (d), Section 29,
    9-7  Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's
    9-8  Texas Civil Statutes), are amended to read as follows:
    9-9        (a)  Each person who is a member of a retirement system as a
   9-10  current fire department employee shall make contributions to the
   9-11  system.  Except as provided by Subsection (d) of this section, a
   9-12  contribution required under this subsection is computed on the
   9-13  employee's periodic compensation at a rate determined by majority
   9-14  vote of the employees of the department who are members, at an
   9-15  election by secret ballot at which at least 50 percent of those
   9-16  employees vote.  Except as provided by Section 30 of this Act, the
   9-17  payroll officer of the municipality or other political subdivision
   9-18  shall deduct the contributions required under this subsection each
   9-19  payroll period and submit them to the retirement system.
   9-20        (b)  A municipality or other political subdivision that has
   9-21  employees who are participating members of a retirement system
   9-22  shall make contributions to the system each payroll period.  Except
   9-23  as provided by Subsection (d) of this section, contributions
   9-24  required under this subsection are computed on the total
   9-25  compensation paid to the employees who are participating members of
   9-26  the system.  A municipality or other political subdivision is
   9-27  required to make contributions under this subsection at the same
   10-1  rate paid by employees or nine percent, whichever is the smaller
   10-2  rate.  The governing body of a municipality or other political
   10-3  subdivision by ordinance may adopt a rate of employer contributions
   10-4  that is greater than the rate required by this subsection.
   10-5        (c)  Contributions by a municipality or other political
   10-6  subdivision <Municipal contributions> determined under Subsection
   10-7  (b) or (d) of this section are payable each payroll period to the
   10-8  retirement system.
   10-9        (d)  Contributions required under Subsections (a) and (b) of
  10-10  this section are computed on the average compensation of all
  10-11  employees of the department for the preceding year, if this method
  10-12  of computation is adopted by majority vote of the employees of the
  10-13  department who are members, at an election by secret ballot at
  10-14  which at least 50 percent of the participating members vote, and is
  10-15  also adopted by ordinance of the governing body of the municipality
  10-16  or other political subdivision.  The average compensation of
  10-17  department employees shall be computed for each 12-month period as
  10-18  determined by the board of trustees.
  10-19        SECTION 13.  Section 30, Texas Local Fire Fighters Retirement
  10-20  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
  10-21  read as follows:
  10-22        Sec. 30.  PICK UP OF EMPLOYEE CONTRIBUTIONS.  (a)  A
  10-23  municipality or other political subdivision may pick up the
  10-24  employee contributions required by Subsection (a) of Section 29 of
  10-25  this Act for all compensation that is earned by participating
  10-26  members of the retirement system on or after the effective date of
  10-27  the pick up.  Employee contributions picked up as provided by this
   11-1  section are in lieu of deductions of employee contributions from
   11-2  paychecks or warrants and shall be paid by the municipality or
   11-3  other political subdivision to the retirement system from the same
   11-4  source of funds  that is used in paying compensation to the
   11-5  members.  A pick up of employee contributions shall be accompanied
   11-6  by a reduction in the compensation of members, an offset against a
   11-7  future increase in member compensation, or a combination of
   11-8  compensation reduction and offset against a compensation increase.
   11-9  Unless otherwise determined by the governing body of the
  11-10  municipality or other political subdivision and approved by
  11-11  majority vote of the participating members at an election by secret
  11-12  ballot, a pick up of contributions results in a corresponding
  11-13  reduction in compensation.
  11-14        (b)  Contributions picked up as provided by this section
  11-15  shall be treated as employer contributions in determining tax
  11-16  treatment of the amounts under the Internal Revenue Code of 1986.
  11-17  Each municipality or other political subdivision picking up
  11-18  contributions shall continue, however, to compute federal income
  11-19  tax withholding as if these contributions were employee wages until
  11-20  the first payroll period that begins after the date the fire
  11-21  fighters' pension commissioner files with the secretary of state a
  11-22  notice stating  that the United States Internal Revenue Service has
  11-23  determined or a federal court has ruled that under Section 414(h),
  11-24  Internal Revenue Code of 1986 (26 U.S.C.  Section 414(h)), the
  11-25  contributions are not includable in the gross income of a member
  11-26  until they are distributed or made available.  Employee
  11-27  contributions picked up as provided by this  section shall be
   12-1  deposited to the credit of the individual account of each affected
   12-2  member and shall be treated for all other purposes of this Act as
   12-3  if the contributions had been deducted from the compensation of
   12-4  members.  Picked up contributions are not includable in a
   12-5  computation of <municipal> contribution rates of the municipality
   12-6  or other political subdivision.
   12-7        (c)  A pick up of employee contributions takes effect in a
   12-8  municipality or other political subdivision on January 1 of the
   12-9  year following the year in which:
  12-10              (1)  the governing body of the municipality or other
  12-11  political subdivision by ordinance has adopted the pick up;
  12-12              (2)  the pick up has been approved by majority vote of
  12-13  the participating members of the retirement system at an election
  12-14  by secret ballot at which at least 50 percent of the participating
  12-15  members vote; and
  12-16              (3)  the fire fighters' pension commissioner has filed
  12-17  with the secretary of state a notice stating that the United States
  12-18  Internal Revenue Service has issued a determination that the plan
  12-19  covering employees of the municipality or other political
  12-20  subdivision is a qualified retirement plan under Section 401(a),
  12-21  Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)), and that
  12-22  its related trust is tax exempt under Section 501(a) of that code
  12-23  (26 U.S.C. Section 501(a)).
  12-24        (d)  A pick up of employee contributions is terminated in a
  12-25  municipality or other political subdivision on January 1 of the
  12-26  year following the year in which:
  12-27              (1)  the termination has been approved by a two-thirds
   13-1  vote of the participating members of the retirement system at an
   13-2  election by secret ballot at which at least 50 percent of the
   13-3  participating members vote; and
   13-4              (2)  the governing body of the municipality or other
   13-5  political subdivision has repealed the ordinance that adopted the
   13-6  pick up of employee contributions.
   13-7        SECTION 14.  The importance of this legislation and the
   13-8  crowded condition of the calendars in both houses create an
   13-9  emergency and an imperative public necessity that the
  13-10  constitutional rule requiring bills to be read on three several
  13-11  days in each house be suspended, and this rule is hereby suspended,
  13-12  and that this Act take effect and be in force from and after its
  13-13  passage, and it is so enacted.