By Henderson S.B. No. 904
Substitute the following for S.B. No. 904:
By Averitt C.S.S.B. No. 904
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain fire and police departments
1-3 to participate in the Texas Municipal Retirement System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 852.005, Government Code, is amended by
1-6 adding Subsections (c) and (d) to read as follows:
1-7 (c) For the purposes of this subtitle, a fire or police
1-8 department has the standing of a municipality if:
1-9 (1) the department:
1-10 (A) was created and is operating under an
1-11 interlocal cooperation agreement that has existed at least 15 years
1-12 and was executed by two or more municipalities located in a county
1-13 with a population of at least two million;
1-14 (B) is supervised by an administrative agency
1-15 appointed by the contracting municipalities; and
1-16 (C) provides common fire protection or law
1-17 enforcement services to the contracting municipalities; and
1-18 (2) the governing body of each municipality that is a
1-19 party to the agreement has voted by ordinance or resolution to
1-20 accept responsibility, in a manner to be determined by the
1-21 participating municipalities, for all payments required of and
1-22 obligations incurred by the department under this subtitle in the
1-23 event that the interlocal cooperation agreement is dissolved or
1-24 expires, all ordinances adopted by the participating municipalities
2-1 with regard to such participation are approved by the Board of
2-2 Trustees.
2-3 (d) The governing board of the supervising administrative
2-4 agency by order may take an action for a department described by
2-5 Subsection (c) that is required or authorized by this subtitle to
2-6 be made by municipal ordinance.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.