S.B. No. 1148
                                        AN ACT
    1-1  relating to the retirement system for police officers and fire
    1-2  fighters in certain municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1.02, Chapter 824, Acts of the 73rd
    1-5  Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),
    1-6  is amended by adding Subdivision (5) to read as follows:
    1-7              (5)  "Total salary" means all salary, excluding
    1-8  overtime pay, and, for police officers, excluding field training
    1-9  officer's pay and standby pay, which includes bomb squad pay, SWAT
   1-10  team pay, K-9 pay, and hostage team pay.
   1-11        SECTION 2.  Sections 4.01 and 4.02, Chapter 824, Acts of the
   1-12  73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
   1-13  Statutes), are amended to read as follows:
   1-14        Sec. 4.01.  Membership.  (a)  A person becomes a member of
   1-15  the fund as a condition of employment if the person:
   1-16              (1)  has served eight months <been properly appointed
   1-17  and enrolled> as a fire fighter or police officer or as a trainee
   1-18  in a fire fighter or police officer training academy of a
   1-19  municipality to which this Act applies <in a position or office
   1-20  established and classified by municipal ordinance>;
   1-21              (2)  <has served the probationary period for the
   1-22  position;>
   1-23              <(3)  has served for six months as a fire fighter or
   1-24  police officer of the municipality; and>
    2-1              <(4)>  was not younger than 18 <and had not attained
    2-2  the age of 36> at the time of appointment; and
    2-3              (3)  has provided an authorization for release of
    2-4  medical information for any medical records dated on or after the
    2-5  date of initial application for employment or has agreed in writing
    2-6  to provide that authorization when requested by the board or, in
    2-7  the alternative if required by the board, has submitted to a
    2-8  physical examination by a physician selected by the board.
    2-9        (b)  Notwithstanding Subsection (a) of this section, a person
   2-10  duly appointed and enrolled in a classified position in either the
   2-11  fire department or police department who was barred from entry in
   2-12  the fund solely because the person had attained the age of 36 on
   2-13  the date that the person would have otherwise become eligible after
   2-14  October 15, 1990, to be a member of the fund and for that reason
   2-15  became a member of the Texas Municipal Retirement System and who is
   2-16  otherwise eligible for and complies with each requirement for
   2-17  membership in the fund shall become a member of the fund as a
   2-18  condition of continued employment.  The person must make
   2-19  application to the fund not later than the 90th day after the date
   2-20  on which the person receives notification of this provision.
   2-21        (c)  A person who becomes a member of the fund under
   2-22  Subsection (b) of this section shall be given service credit from
   2-23  the date the person would have become eligible to be a member of
   2-24  the fund if not for the age requirement and must pay into the fund,
   2-25  in accordance with procedures established by the board, pension
   2-26  contributions for all service credit allowed based on amounts that
   2-27  would have been deducted if the person had been allowed to enter
    3-1  the fund on that date.
    3-2        (d)  A person who became a member of the Texas Municipal
    3-3  Retirement System on or before October 15, 1990, may elect to
    3-4  become a member of the fund on or before the 90th day after the
    3-5  date the person receives notice of this provision.  If the person
    3-6  does not elect to become a member during that period, the person
    3-7  may not become a member of the fund and waives any claim against
    3-8  the fund.  If the person elects to become a member of the fund, the
    3-9  person must comply with each requirement for membership and must
   3-10  pay into the fund, in accordance with procedures established by the
   3-11  board, a sum of money equal to the amount of money that would have
   3-12  been deducted from that person's salary during the period beginning
   3-13  October 16, 1990, and ending on the date the person becomes a
   3-14  member of the fund.  The person also may purchase service credit
   3-15  for the period beginning on the date the person would have
   3-16  otherwise become eligible to be a member of the fund if not for the
   3-17  age prohibition, through October 15, 1990.  Service credit may be
   3-18  obtained only in increments of full months, with the minimum being
   3-19  one month.
   3-20        (e)  A person who becomes a member of the fund under
   3-21  Subsection (b) or (d) of this section must, as a condition of
   3-22  employment, provide an authorization for release of medical
   3-23  information for any medical records dated on or after the date of
   3-24  initial application for employment when requested by the board or
   3-25  in the alternative, as required by the board, must submit to a
   3-26  physical examination by a physician selected by the board.
   3-27        (f)  A municipality to which this Act applies shall match an
    4-1  amount equal to twice the amount of each payment a member makes to
    4-2  the fund under this section.
    4-3        (g)  The drawing of compensation by an officer or employee in
    4-4  the fire or police department for service in that department does
    4-5  not of itself make that person a member of the fund.
    4-6        (h) <(c)>  The regularity of an appointment as a fire fighter
    4-7  or police officer of a municipality to which this Act applies may
    4-8  not be presumed from the serving of the full probationary period,
    4-9  if any.  The service of the probationary period by an officer or
   4-10  employee as a fire fighter or police officer of a municipality to
   4-11  which this Act applies does not constitute the creation of a
   4-12  position or office to which a proper appointment has been made for
   4-13  purposes of this Act.
   4-14        Sec. 4.02.  FAMILY AND MEDICAL LEAVE <REINSTATEMENT>.
   4-15  (a)  If a member takes unpaid leave as provided by the Family and
   4-16  Medical Leave Act (29 U.S.C. Section 2601 et seq.), that member is
   4-17  entitled to make voluntary contributions for the leave period in
   4-18  the same amount as the member would have paid if the member had not
   4-19  taken the leave.  Those payments must be made not later than the
   4-20  30th day after the date the member returns from that leave.  A
   4-21  computation of contributions under this section shall be made in
   4-22  the same manner as other computations under this Act.  A
   4-23  municipality to which this Act applies shall match an amount equal
   4-24  to twice the amount of each payment a member makes to the fund
   4-25  under this subsection.
   4-26        (b)  If the member does not comply with Subsection (a) of
   4-27  this section, the member loses all credit toward the member's
    5-1  retirement annuity for the period the member was on leave  <A
    5-2  former fund member who has reentered the fire or police department
    5-3  may not be barred from membership in the fund because of age as
    5-4  long as the member can qualify for a 30-year pension on or before
    5-5  the member's 65th birthday>.
    5-6        SECTION 3.  Subsection (c), Section 4.03, Chapter 824, Acts
    5-7  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
    5-8  Statutes), is amended to read as follows:
    5-9        (c)  The member must make the payment described by Subsection
   5-10  (b) of this section in full within an amount of time after the
   5-11  member's return that is equal to three times <twice> the amount of
   5-12  time the member was absent, except that the maximum period for
   5-13  payment may not exceed five <four> years.
   5-14        SECTION 4.  Sections 4.04, 4.07, and 5.01, Chapter 824, Acts
   5-15  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
   5-16  Statutes), are amended to read as follows:
   5-17        Sec. 4.04.  MEMBER CONTRIBUTIONS.  (a)  There shall be
   5-18  deducted from the wages of each fire fighter and police officer in
   5-19  the employment of a municipality to which this Act applies a
   5-20  percentage of the member's total salary<, excluding overtime pay,>
   5-21  according to the following schedule:
   5-22              (1)  11.16 percent for full pay periods after September
   5-23  30, 1993, but before October 1, 1994;
   5-24              (2)  11.32 percent for full pay periods after September
   5-25  30, 1994, but before October 1, 1995;
   5-26              (3)  11.50 percent for full pay periods after September
   5-27  30, 1995, but before October 1, 1996;
    6-1              (4)  11.66 percent for full pay periods after September
    6-2  30, 1996, but before October 1, 1997;
    6-3              (5)  11.82 percent for full pay periods after September
    6-4  30, 1997, but before October 1, 1998;
    6-5              (6)  12 percent for full pay periods after September
    6-6  30, 1998, but before October 1, 1999;
    6-7              (7)  12.16 percent for full pay periods after September
    6-8  30, 1999, but before October 1, 2000;
    6-9              (8)  12.32 percent for full pay periods after September
   6-10  30, 2000, but before October 1, 2001; and
   6-11              (9)  12.50 percent for full pay periods after September
   6-12  30, 2001.
   6-13        (b)  The municipality has always picked up and shall continue
   6-14  to pick up the member contributions that are required by Subsection
   6-15  (a) of this section.
   6-16        (c)  Contributions picked up by the municipality shall be
   6-17  treated as employer contributions in accordance with Section
   6-18  414(h)(2), Internal Revenue Code of 1986 (26 U.S.C. Section 414),
   6-19  for the purpose of determining tax treatment of the amounts under
   6-20  the Internal Revenue Code of 1986.  Those contributions are not
   6-21  included in the gross income of the employee until the time they
   6-22  are distributed or made available to the employee.
   6-23        Sec. 4.07.  <NO> REFUND OF CONTRIBUTIONS.  (a)  During the
   6-24  first five years of membership, a <A> member of the fund is not
   6-25  entitled to any refund from the fund of any portion of the money
   6-26  deducted from the member's pay for the benefit of the fund.  That
   6-27  money is <public money and> the property of the fund for the
    7-1  benefit of the members qualifying for benefits and for their
    7-2  beneficiaries.
    7-3        (b)  A member of the fund who terminates employment before
    7-4  the member's right to benefits under the fund has vested but who
    7-5  has contributed to the fund for at least five years is entitled to
    7-6  a refund of the member's contributions that were picked up by the
    7-7  municipality.  That refund shall be paid without interest.  A
    7-8  refund under this section is not available to a member who
    7-9  terminates employment to receive a disability pension or to a
   7-10  survivor beneficiary under this Act.  A person's acceptance of a
   7-11  refund under this subsection precludes the person from any other
   7-12  right or benefit under this Act.
   7-13        Sec. 5.01.  Retirement benefits.  (a)  If a member of the
   7-14  fund has contributed a portion of that member's salary as provided
   7-15  by this Act and has contributed and served for 20 years or more in
   7-16  the fire or police department, the board shall, on the application
   7-17  of the member for a retirement annuity, authorize a retirement
   7-18  annuity to the member.
   7-19        (b)  The board shall compute the retirement annuity of a
   7-20  member who retires after September 30, 1991, but before October 1,
   7-21  1995, on the basis of the average of the member's total salary<,
   7-22  excluding overtime pay,> for the highest three years of the last
   7-23  five years, computed from the date of retirement, of the member's
   7-24  pay at the rate of two percent for each of the first 20 years
   7-25  served, plus 3 1/2 percent for each of the next 10 years served,
   7-26  plus one percent for each of the next five years served, with
   7-27  fractional years prorated based on full months served as a
    8-1  contributing member, but the annuity may not exceed, as of the date
    8-2  of retirement, 80 percent of the average so determined.
    8-3        (c)  The board shall compute the retirement annuity of a
    8-4  member who retires after September 30, 1995, on the basis of the
    8-5  average of the member's total salary for the highest three years of
    8-6  the last five years, computed from the date of retirement, of the
    8-7  member's pay at the rate of two percent for each of the first 20
    8-8  years served, plus four percent for each of the next five years
    8-9  served, plus 3 1/2 percent for each of the next five years served,
   8-10  plus one percent for each of the next five years served, with
   8-11  fractional years prorated based on full months served as a
   8-12  contributing member.  In making the computation for a year, the
   8-13  year is considered to begin on the first day a contribution is
   8-14  made.  An annuity under this subsection may not exceed, as of the
   8-15  date of retirement, 82.5 percent of the average determined under
   8-16  this subsection.
   8-17        (d)  A member may not receive an award from the fund for
   8-18  service retirement until the member has served at least 20 years in
   8-19  the fire or police department and has also contributed the required
   8-20  amount of money for at least 20 years.  In determining the number
   8-21  of years of service in a department, the member shall be given full
   8-22  credit for the time the member was actively engaged in military
   8-23  service in accordance with Section 4.03 of this Act and for
   8-24  absences taken under the Family and Medical Leave Act (29 U.S.C.
   8-25  Section 2601 et seq.), in accordance with Section 4.02 of this Act.
   8-26  Disciplinary suspensions of 15 days or less may not be subtracted
   8-27  from a member's service credit under this Act if the member has
    9-1  paid into the fund within 30 days after the termination date of
    9-2  each suspension a sum of money equal to the amount of money that
    9-3  would have been deducted from that person's salary during that
    9-4  period of suspension if it had not been for that suspension.  A
    9-5  municipality to which this Act applies shall double-match a payment
    9-6  made under this subsection.
    9-7        (e) <(d)  If a member of the fire or police department has
    9-8  served for 30 years or more in either department and has
    9-9  contributed a portion of that member's salary as provided by this
   9-10  Act for the same period, that member is retired automatically from
   9-11  service on the member's 65th birthday.>
   9-12        <(e)  If, on a member's 65th birthday, the member has served
   9-13  less than 30 years in either department and has not contributed a
   9-14  portion of that member's salary as provided by this Act for that
   9-15  period, the member may continue service and contributions until the
   9-16  total service equals and the contributions have been made for 30
   9-17  years.>
   9-18        <(f)>  Except as provided by Subsection (f) <(g)> of this
   9-19  section, members of the fund at the time of their retirement shall
   9-20  receive service credit for all unused sick leave accumulated by
   9-21  them under Chapter 143, Local Government Code, and its subsequent
   9-22  amendments, with fractional years prorated based on full months of
   9-23  sick leave.
   9-24        (f) <(g)>  The retirement annuity for a member under
   9-25  Subsection (e) <(f)> of this section may not exceed, as of the date
   9-26  of retirement, 82.5 <80> percent of the average, determined under
   9-27  that subsection and under the ordinances of a municipality to which
   10-1  this Act applies, that exceeds 90 days of accumulated sick leave.
   10-2        SECTION 5.  Article 5, Chapter 824, Acts of the 73rd
   10-3  Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),
   10-4  is amended by adding Section 5.015 to read as follows:
   10-5        Sec. 5.015.  BACKWARD DEFERRED RETIREMENT OPTION PLAN (BACK
   10-6  DROP).  (a)  At the time a member applies for retirement benefits
   10-7  under Section 5.01 of this Act, the member may elect a Backward
   10-8  Deferred Retirement Option Plan (Back DROP) with a lump-sum payment
   10-9  and a reduced annuity benefit as provided by this section.
  10-10        (b)  The Back DROP election:
  10-11              (1)  results in a lump-sum payment for a number of full
  10-12  months of service elected by the member that does not exceed the
  10-13  lesser of the number of months of service credit the member has in
  10-14  excess of 20 years or 24 months; and
  10-15              (2)  must be made at the time of application for
  10-16  retirement.
  10-17        (c)  To be eligible to make a Back DROP election under this
  10-18  section, a member of the fund must have contributed a portion of
  10-19  that member's salary, as provided by this Act, and have contributed
  10-20  and served at least 20 years and 1 month in the fire or police
  10-21  department.
  10-22        (d)  The amount of a lump-sum payment to which a member
  10-23  making a Back DROP election is entitled shall be computed in the
  10-24  manner provided by this subsection.  The member's average annual
  10-25  salary shall be computed in the manner provided by Section 5.01(c)
  10-26  of this Act, except that the retirement date used in making that
  10-27  computation is the retirement date computed as provided by this
   11-1  subsection.  The member's average annual salary shall be divided by
   11-2  12 to compute the member's average monthly salary.  The member's
   11-3  average monthly salary multiplied by the number of full months
   11-4  elected by the member under Subsection (b)(1) of this section is
   11-5  the amount of the lump-sum payment to which the member is entitled.
   11-6  In computing the member's average annual salary under this
   11-7  subsection, the member's retirement date is the member's Back DROP
   11-8  retirement date, which is the member's actual retirement date less
   11-9  the amount of time for:
  11-10              (1)  any service in excess of 35 years of service;
  11-11              (2)  any service credit given for sick leave unused on
  11-12  the date of actual retirement; and
  11-13              (3)  service credit, for service in excess of 20 years
  11-14  but not in excess of the amount permitted under Subsection (b)(1)
  11-15  of this section, the member elects for computing the amount of the
  11-16  lump-sum payment.
  11-17        (e)  For purposes of computing the monthly annuity of a
  11-18  member making a Back DROP election, the member's average annual
  11-19  salary shall be computed in the manner provided by Section 5.01(c)
  11-20  of this Act, except that the retirement date used in making that
  11-21  computation is the member's actual retirement date, plus time
  11-22  representing any service credit given for sick leave unused on the
  11-23  actual retirement date, less the amount of time the member elects
  11-24  under Subsection (b)(1) of this section.  The annuity may not
  11-25  exceed the limitation provided by Section 5.01(c) of this Act.  The
  11-26  member's average annual salary shall be divided by 12 to compute
  11-27  the member's monthly annuity.
   12-1        (f)  A member may defer receiving the lump-sum payment under
   12-2  this section for a period of not longer than 12 months after the
   12-3  member's retirement date.  Interest may not be paid on the deferred
   12-4  amount at the time of distribution.
   12-5        (g)  The board by administrative rule shall implement this
   12-6  section in a manner that preserves the eligibility of the tax
   12-7  qualification under the Internal Revenue Code of 1986 and may
   12-8  revise the program as necessary to retain tax qualification.
   12-9        SECTION 6.  Subsections (a) and (c), Section 5.04, Chapter
  12-10  824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's
  12-11  Texas Civil Statutes), are amended to read as follows:
  12-12        (a)  A member who is eligible to receive a disability
  12-13  retirement annuity is entitled to receive from the fund 50 percent
  12-14  of the average of the member's total salary<, excluding overtime
  12-15  pay,> for the highest three years of the last five years, computed
  12-16  from the date of retirement or, if the member has served less than
  12-17  three years before the date of retirement, 50 percent of the
  12-18  member's average monthly salary, excluding overtime pay, or a
  12-19  theoretical monthly average if service is less than a full month.
  12-20        (c)  The amount of 50 percent of the average total salary<,
  12-21  excluding overtime pay,> is the maximum amount of disability
  12-22  retirement annuity for total and permanent disability.
  12-23        SECTION 7.  Subsection (c), Section 5.05, Chapter 824, Acts
  12-24  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
  12-25  Statutes), is amended to read as follows:
  12-26        (c)  For those retired because of disability on or after
  12-27  August 30, 1971, the disability retirement annuity may not be
   13-1  reduced to less than two percent, for each year that the retiree
   13-2  has served and contributed a portion of salary, of the average of
   13-3  the member's total salary<, excluding overtime pay,> for the
   13-4  highest three years of the last five years, computed from the date
   13-5  of retirement, or if the member has served less than three years
   13-6  before the date of retirement, 50 percent of the member's average
   13-7  monthly salary, excluding overtime pay, or a theoretical monthly
   13-8  average if service is less than a full month.  All fractional years
   13-9  shall be prorated based on full months served on the fire or police
  13-10  department as a contributing member of the fund before the date of
  13-11  retirement.
  13-12        SECTION 8.  Subsection (a), Section 5.09, Chapter 824, Acts
  13-13  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
  13-14  Statutes), is amended to read as follows:
  13-15        (a)  At or before its regular meeting in the month of March,
  13-16  the board annually shall review the Consumer's Price Index for
  13-17  Moderate Income Families in Large Cities--All Items or the nearest
  13-18  equivalent published by the United States Bureau of Labor
  13-19  Statistics for the preceding calendar year.  If that index shows an
  13-20  increase during the preceding calendar year in the cost of living
  13-21  as compared with that index at the close of the previous year, the
  13-22  board shall order an increase of all retirement annuities by the
  13-23  number of full percentage points closest to the exact amount of the
  13-24  increase of that index, except that any increased retirement
  13-25  annuities are payable only at the rate of 75 percent of the
  13-26  applicable cost-of-living percentage for those retirees, and the
  13-27  beneficiaries of those retirees, who were retired on and after
   14-1  August 30, 1971.  The annual cost-of-living adjustment for a
   14-2  retiree or a beneficiary of a retiree who retired on or after
   14-3  September 1, 1971, but before October 1, 1989, shall be computed at
   14-4  the rate of 87.5 percent of the consumer price index specified by
   14-5  this subsection if the index is eight percent or less, with the
   14-6  maximum cost-of-living adjustment capped at the rate of six
   14-7  percent, but at the rate of 75 percent of the index if the index is
   14-8  greater than eight percent for those retirees, with no cap on the
   14-9  rate of the cost-of-living adjustment.
  14-10        SECTION 9.  Section 5.11, Chapter 824, Acts of the 73rd
  14-11  Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),
  14-12  is amended by amending Subsection (c) and adding Subsection (j) to
  14-13  read as follows:
  14-14        (c)  Accrued benefits under this Act become 100 percent
  14-15  vested for all members on termination of the fund or on occurrence
  14-16  of another event described in Section 401(a)(17) of the code and
  14-17  become 100 percent vested for a member on the date the member
  14-18  <becomes 65 years of age and> has completed 20 years of service.
  14-19        (j)  To the extent permitted by law, the board may adjust the
  14-20  benefits of retired members and beneficiaries by increasing any
  14-21  retirement benefit that was reduced as inflationary indexing under
  14-22  Section 415 of the code.  If the definition of compensation is
  14-23  amended under that section to include amounts previously excluded
  14-24  as compensation, the board may adjust the benefits of retired
  14-25  members and beneficiaries, including the payment of benefits
  14-26  previously excluded.  Benefits paid under this subsection are not
  14-27  considered as extra compensation earned after retirement but as the
   15-1  delayed payment of benefits earned before retirement.
   15-2        SECTION 10.  Subsections (c) and (d), Section 6.02, Chapter
   15-3  824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's
   15-4  Texas Civil Statutes), are amended to read as follows:
   15-5        (c)  If there are no children, the surviving spouse is
   15-6  entitled to receive an amount not to exceed 60 <57.50> percent of
   15-7  the average total salary<, excluding overtime pay,> of the deceased
   15-8  member computed as provided under Subsection (a) of this section.
   15-9        (d)  If there is no surviving spouse, the children are
  15-10  entitled to receive not more than 30 <28.75> percent of the average
  15-11  total salary computed as provided under Subsection (a) of this
  15-12  section, except that if the board determines on investigation that
  15-13  the eligible children are destitute, the board may increase the
  15-14  death benefit annuity to an amount not to exceed 40 percent of that
  15-15  average total salary.  The amount awarded under this subsection to
  15-16  any child shall be paid by the board to the legal guardian of the
  15-17  child.
  15-18        SECTION 11.  Subsection (c), Section 6.03, Chapter 824, Acts
  15-19  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
  15-20  Statutes), is amended to read as follows:
  15-21        (c)  Notwithstanding the formulas for computing the total
  15-22  amounts of annuities otherwise provided by this section, if a
  15-23  member is killed in the line of duty, the member's surviving spouse
  15-24  and dependent children are entitled to a death benefit annuity
  15-25  equal to the total salary<, excluding overtime pay,> of the member
  15-26  at the time of death.  Rules provided by this section relating to
  15-27  qualification and disqualification for and apportionment of
   16-1  benefits apply to a death benefit annuity computed under this
   16-2  subsection.  A death benefit annuity computed under this subsection
   16-3  is subject to the same cost-of-living adjustments that apply to
   16-4  pensions for service retirement.
   16-5        SECTION 12.  Section 6.04, Chapter 824, Acts of the 73rd
   16-6  Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),
   16-7  is amended to read as follows:
   16-8        Sec. 6.04.  Remarriage; benefits after termination of
   16-9  marriage.  (a)  If a surviving spouse remarries or a dependent
  16-10  child marries before October 1, 1995, the <The> right of a
  16-11  surviving spouse or dependent child to annuity payments under this
  16-12  Act terminates on the remarriage of the surviving spouse<, either
  16-13  statutory or common law,> or on the marriage of the child, as
  16-14  applicable, under either statutory law or under common law as
  16-15  prescribed by Section 6.06 of this Act.
  16-16        (b)  The right of a <If the remarried> surviving spouse or
  16-17  <married> dependent child to annuity payments under this Act is not
  16-18  affected by the surviving spouse's remarriage or dependent child's
  16-19  marriage under either statutory or common law if the marriage or
  16-20  remarriage takes place on or after October 1, 1995 <becomes
  16-21  unmarried, that person is entitled, on application, to the greater
  16-22  of 75 percent of the annuity that was in effect on the date of
  16-23  termination or a minimum annuity of $800 each month for as long as
  16-24  that person remains unmarried>.
  16-25        (c)  If after October 1, 1995, there is a termination of the
  16-26  remarriage of a surviving spouse or of the marriage of a dependent
  16-27  child, that person is entitled, on application, to 100 percent of
   17-1  the annuity that was in effect on the date of termination of
   17-2  benefits.
   17-3        (d)  A surviving spouse or dependent child who is unmarried
   17-4  but receiving reduced benefits because of a prior marriage that
   17-5  caused the benefits to be terminated is entitled to 100 percent of
   17-6  the annuity that was in effect on the original date of termination
   17-7  of benefits.
   17-8        (e)  The benefit provided under Subsections (c) and (d) of
   17-9  this section shall be applied prospectively beginning October 1,
  17-10  1995, and the surviving spouse or dependent child is not entitled
  17-11  to receive any benefits or increases in benefits relating to any
  17-12  period before October 1, 1995.
  17-13        SECTION 13.  Subsection (b), Section 6.05, Chapter 824, Acts
  17-14  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
  17-15  Statutes), is amended to read as follows:
  17-16        (b)  If the <surviving spouse,> dependent beneficiary<,> or
  17-17  guardian fails or refuses to file an affidavit required under
  17-18  Subsection (a) of this section or if an incomplete, incorrect, or
  17-19  false affidavit is filed, the board may suspend annuity payments to
  17-20  that person indefinitely until the person complies with the
  17-21  requests and orders of the board.
  17-22        SECTION 14.  Section 6.07, Chapter 824, Acts of the 73rd
  17-23  Legislature, 1993 (Article 6243o, Vernon's Texas Civil Statutes),
  17-24  is amended to read as follows:
  17-25        Sec. 6.07.  Surviving spouse's right to single entitlement.
  17-26  A <Unless otherwise provided by law, a> surviving spouse who is not
  17-27  a member of the fund is not entitled to more than one annuity from
   18-1  the fund.
   18-2        SECTION 15.  Subsection (a), Section 6.09, Chapter 824, Acts
   18-3  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
   18-4  Statutes), is amended to read as follows:
   18-5        (a)  If a contributing member in good standing of the fire or
   18-6  police department or a retiree dies before or after retirement and
   18-7  leaves no surviving spouse or child but leaves surviving a father
   18-8  and mother wholly dependent on that person for support, the
   18-9  dependent father and mother are entitled to receive one-third of
  18-10  the average total salary<, excluding overtime pay,> of the deceased
  18-11  member based on the same number of years of the member's pay as is
  18-12  currently provided for computations of retirement annuities under
  18-13  Section 5.01(a) of this Act, the annuity to be equally divided
  18-14  between the father and mother as long as they are wholly dependent.
  18-15  If there is only one dependent, either father or mother, the board
  18-16  shall grant the surviving dependent an annuity not to exceed
  18-17  one-fourth that average total salary as computed under this
  18-18  subsection.
  18-19        SECTION 16.  Subsection (a), Section 6.11, Chapter 824, Acts
  18-20  of the 73rd Legislature, 1993 (Article 6243o, Vernon's Texas Civil
  18-21  Statutes), is amended to read as follows:
  18-22        (a)  If a member of the fire or police department in active
  18-23  service dies and does not leave an eligible surviving spouse, a
  18-24  child under 17 years of age, a child under 19 years of age who is
  18-25  attending school, a mentally or physically disabled child, or a
  18-26  dependent father or mother, the estate of the deceased member is
  18-27  entitled to a death benefit payment in the amount of $10,000 from
   19-1  the fund or the refund of contributions as provided by Section 4.07
   19-2  of this Act, whichever amount is greater.
   19-3        SECTION 17.  Subsections (a) and (b), Section 7.04, Chapter
   19-4  824, Acts of the 73rd Legislature, 1993 (Article 6243o, Vernon's
   19-5  Texas Civil Statutes), are amended to read as follows:
   19-6        (a)  The board shall cause the reserve retirement funds to be
   19-7  invested in a manner that a prudent investor would invest,
   19-8  considering the purposes, terms, distribution requirements, and
   19-9  other circumstances <consistent with the care, skill, and diligence
  19-10  under the prevailing circumstances that a prudent person acting in
  19-11  a like capacity and familiar with matters of the type would use in
  19-12  the conduct> of an enterprise with a like character and like aims.
  19-13        (b)  The board shall diversify the investment of the fund to
  19-14  minimize the risk of large losses unless under the circumstances it
  19-15  is clearly prudent not to do so.  In determining whether the board
  19-16  has exercised prudence concerning an investment decision, the
  19-17  investment of all assets of the fund, rather than the prudence of a
  19-18  single investment of <investing the assets of the fund, the board
  19-19  shall be bound by the documents and instruments governing> the
  19-20  fund, shall be considered.
  19-21        SECTION 18.  Chapter 824, Acts of the 73rd Legislature, 1993
  19-22  (Article 6243o, Vernon's Texas Civil Statutes), is amended by
  19-23  adding Article 7A to read as follows:
  19-24            ARTICLE 7A.  STANDARDS OF CONDUCT AND FINANCIAL
  19-25                        DISCLOSURE REQUIREMENTS
  19-26        Sec. 7.51.  POLICY. (a)  A member of the board or the
  19-27  executive director may not have a direct or indirect interest,
   20-1  including a financial interest, engage in a business transaction or
   20-2  professional activity, or incur an obligation of any nature that is
   20-3  in substantial conflict with the proper discharge of the member's
   20-4  or the executive director's fiduciary duties.
   20-5        (b)  To implement Subsection (a) of this section and to
   20-6  strengthen the faith and confidence of the members and
   20-7  beneficiaries of the fund, the board shall develop standards of
   20-8  conduct and financial disclosure requirements to be observed by
   20-9  each member of the board and by the executive director in the
  20-10  performance of official duties.
  20-11        (c)  The standards of conduct and financial disclosure
  20-12  requirements must provide for:
  20-13              (1)  general definitions;
  20-14              (2)  the manner of determining substantial conflict;
  20-15              (3)  the manner of determining who is considered a
  20-16  dependent child of a board member or the executive director;
  20-17              (4)  each member of the board and the executive
  20-18  director to file a financial disclosure statement;
  20-19              (5)  a review board to be appointed;
  20-20              (6)  the composition of the review board;
  20-21              (7)  a custodian of records to be designated;
  20-22              (8)  the manner in which records must be retained;
  20-23              (9)  the information, generally, that must be included
  20-24  in a financial statement;
  20-25              (10)  the time for filing a financial statement;
  20-26              (11)  the form in which a financial statement must be
  20-27  presented;
   21-1              (12)  compliance with this section;
   21-2              (13)  public access to financial statements;
   21-3              (14)  sanctions for a violation of this section that
   21-4  must include removal of a member of the board or the executive
   21-5  director in the case of a serious violation;
   21-6              (15)  standards of conduct for board members and the
   21-7  executive director; and
   21-8              (16)  other matters relating to conduct of board
   21-9  members and the executive director and financial disclosure the
  21-10  board considers appropriate.
  21-11        SECTION 19.  This Act takes effect October 1, 1995.
  21-12        SECTION 20.  The importance of this legislation and the
  21-13  crowded condition of the calendars in both houses create an
  21-14  emergency and an imperative public necessity that the
  21-15  constitutional rule requiring bills to be read on three several
  21-16  days in each house be suspended, and this rule is hereby suspended.