1-1                                   AN ACT

 1-2     relating to participation in and benefits from a statewide

 1-3     retirement system for volunteer firefighters and other emergency

 1-4     services personnel.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 1, Texas Statewide Volunteer Fire

 1-7     Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil

 1-8     Statutes), is amended by amending Subdivisions (1), (7), (9), (10),

 1-9     (11), and (13) and adding Subdivisions (14)-(17) to read as

1-10     follows:

1-11                 (1)  "Qualified service" means [fire-fighting] service

1-12     for a participating department that is recognized as an emergency

1-13     services department by its governing body and that conducts at

1-14     least 48 hours of drills in a calendar year performed by a member

1-15     who is in good standing in a participating department that has not

1-16     fewer than 10 active members and who either attends at least

1-17     [rendered without monetary remuneration while a member in good

1-18     standing of a fire-fighting unit that has no fewer than 10 active

1-19     members, and a minimum of two drills each month, each drill two

1-20     hours long, and each active member present at] 40 percent of the

1-21     minimum number of hours of annual drills and at least 25 percent of

1-22     the department's emergencies in a calendar year or is absent

1-23     because of [fires.  Absence caused by] military duty [does not

1-24     affect qualified service].

 2-1                 (7)  "Fund" means the Texas statewide emergency

 2-2     services personnel retirement fund [Fire Fighters' Relief and

 2-3     Retirement Fund] created by this Act.

 2-4                 (9)  "Member [fire fighter]" means a volunteer or

 2-5     auxiliary [fire fighter] who participates in the pension system

 2-6     under this Act.

 2-7                 (10)  "Participating [Member fire] department" means a

 2-8     public entity that performs fire, rescue, or emergency medical

 2-9     services and [fire department that] participates in the pension

2-10     system under this Act.

2-11                 (11)  "Current pension plan" means a pension plan in

2-12     which a participating [fire] department is participating when it

2-13     elects to join the pension system created by this Act.

2-14                 (13)  "Governing body" means the governing body of any

2-15     political subdivision of the state [within which a rural fire

2-16     prevention district created pursuant to the provisions of Chapter

2-17     794, Health and Safety Code, is situated or the governing body of

2-18     any city or town within which a fire department subject to the

2-19     provisions of this Act is situated].

2-20                 (14)  "Volunteer" means a person who performs emergency

2-21     services for civic, charitable, or humanitarian reasons, receives

2-22     no monetary remuneration from a participating department, and is

2-23     not subject to the compensation requirements provided by the Fair

2-24     Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) for

2-25     employees.

2-26                 (15)  "Auxiliary employee" means a person who receives

2-27     compensation from a political subdivision of this state and is

 3-1     certified by the political subdivision as being regularly engaged

 3-2     in the performance of duties for a participating department in an

 3-3     appointive office or position that normally requires services from

 3-4     the person for less than 1,000 hours a year at a rate that does not

 3-5     exceed the federal minimum wage by more than $2 per hour, as

 3-6     established in the Fair Labor Standards Act of 1938 (29 U.S.C.

 3-7     Section 201 et seq.), but excludes a person who is eligible to

 3-8     receive credit for the same service in either the Texas County and

 3-9     District Retirement System or the Texas Municipal Retirement

3-10     System.

3-11                 (16)  "Emergency services" means only those services

3-12     relating to fire, rescue, and emergency medical services performed

3-13     by a volunteer or auxiliary employee of a participating department.

3-14                 (17)  "Emergency services personnel" means persons who

3-15     perform emergency services.

3-16           SECTION 2.  Section 1A, Texas Statewide Volunteer Fire

3-17     Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil

3-18     Statutes), is amended to read as follows:

3-19           Sec. 1A.  SHORT TITLE.  This Act may be cited as the Texas

3-20     Statewide Emergency Services [Volunteer Fire Fighters] Retirement

3-21     Act.

3-22           SECTION 3.  Sections 2(a), (b), (c), and (f), Texas Statewide

3-23     Volunteer Fire Fighters Retirement Act (Article 6243e.3, Vernon's

3-24     Texas Civil Statutes), are amended to read as follows:

3-25           (a)  The Texas statewide emergency services personnel

3-26     retirement fund [Fire Fighters' Relief and Retirement Fund] is a

3-27     trust fund in  the state treasury.

 4-1           (b)  Participation in the fund is optional.  A [Any]

 4-2     governing body may, [not later than 60 days after the effective

 4-3     date of this Act and] in accordance with the usual procedures

 4-4     prescribed for taking [other] official action [actions] of the

 4-5     governing body, elect to participate in [exempt itself from] the

 4-6     requirements of this Act.  Any action to not participate in

 4-7     [provide for an exemption from] the requirements of this Act may be

 4-8     rescinded by the governing body at any time.  A municipality that

 4-9     has elected to participate in this fund may not rescind that

4-10     election.

4-11           (c)  Every governing body of a department that is eligible to

4-12     participate in the pension system and that is not currently exempt

4-13     under Subsection (b) of this section shall contribute for each

4-14     member [fire fighter] at least $12 for each month of service

4-15     beginning on the date the member [fire fighter] enters the pension

4-16     system.  Contributions must be paid at least every 12 months.  If

4-17     the participating [member fire] department is situated in more than

4-18     one political subdivision, the governing bodies of such political

4-19     subdivisions shall contribute equally towards a total of at least

4-20     $12 for each member [fire fighter] for each month of service.

4-21           (f)  Any contribution made and any benefits provided pursuant

4-22     to this Act shall not be considered compensation,  and members who

4-23     are volunteers [member fire fighters] shall not be deemed to be in

4-24     the paid service of  any governing body.

4-25           SECTION 4.  Sections 2A, 3, 4, 5, 8, 9, and 10, Texas

4-26     Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3,

4-27     Vernon's Texas Civil Statutes), are amended to read as follows:

 5-1           Sec. 2A.  MEMBERSHIP.  (a)  Except as otherwise provided by

 5-2     this section, each person [fire fighter] who performs service as

 5-3     [for] a volunteer or auxiliary employee of a participating [fire]

 5-4     department is a member of the pension system.

 5-5           (b)  A person is not a member of the pension system:

 5-6                 (1)  if the governing body [of the fire department] is

 5-7     exempt from this Act under Section 2(b) of this Act;

 5-8                 (2)  if the person is less than 18 years of age [a

 5-9     minor];

5-10                 (3)  during a probationary period of service before

5-11     becoming a regular member of a participating [fire] department, if

5-12     the governing body of the [fire] department is not making

5-13     contributions for the probationary service; [or]

5-14                 (4)  if the person does not receive a certification of

5-15     physical fitness or assignment to support duties under Section 8 of

5-16     this Act; or

5-17                 (5)  if the person is retired under this Act, whether

5-18     or not the person continues to participate in emergency

5-19     service-related [fire-related] functions for a department from

5-20     which the person retired.

5-21           (c)  A member who performs qualified service for more than

5-22     one participating [fire] department under this Act may become

5-23     eligible to receive service retirement benefits for service for

5-24     each department, but, if the person dies while a member, the

5-25     member's beneficiary must choose between an on-duty and off-duty

5-26     death benefit.

5-27           Sec. 3.  RETIREMENT BENEFITS.  (a)  A member [fire fighter]

 6-1     shall receive a retirement annuity payable in monthly installments

 6-2     on reaching retirement age, subject to the vesting provisions in

 6-3     Section 6 of this Act.

 6-4           (b)  The monthly retirement annuity is equal to six times the

 6-5     governing body's average monthly contribution over the member's

 6-6     [member fire fighters's] term of qualified service under this Act.

 6-7           (c)  For each year of additional qualified service in excess

 6-8     of 15 years, a member [fire fighter] is entitled to receive an

 6-9     additional seven percent of the member's [his] monthly pension

6-10     compounded annually.  A member [fire fighter] may receive a

6-11     proportional credit for days or months of qualified service that

6-12     make up less than a year.

6-13           Sec. 4.  DISABILITY BENEFITS.  (a)  A member [fire fighter]

6-14     must, at the time of disability, elect between retirement or

6-15     disability benefits if eligible for both.

6-16           (b)  A member [fire fighter] who is disabled during the

6-17     performance of emergency service duties [as a fire fighter] is

6-18     automatically vested 100 percent as of the date of disability, if

6-19     the disability occurs before the member has completed 15 years of

6-20     qualified service.  Benefits under this subsection are payable if

6-21     the member [fire fighter] is unable to perform the person's duties

6-22     for the member's participating department [as a fire fighter] or

6-23     the duties of any other occupation for which the person is

6-24     reasonably suited by education, training, and experience.

6-25           (c)  A member [fire fighter] whose disability results from

6-26     performing emergency service duties [as a fire fighter] is

6-27     guaranteed a disability benefit of $300 a month.

 7-1           Sec. 5.  DEATH BENEFITS.  (a)  The beneficiary of a deceased

 7-2     member [fire fighter] whose death did not result from the

 7-3     performance of emergency service duties [as a member of the fire

 7-4     department] shall receive a lump-sum benefit that is the greater

 7-5     of:

 7-6                 (1)  the sum contributed to the fund on the decedent's

 7-7     behalf; or

 7-8                 (2)  the sum which would have been contributed on the

 7-9     decedent's behalf from whatever source at the end of 15 years of

7-10     qualified service.

7-11           (b)  The beneficiary of a member whose death results from

7-12     performing emergency service duties [as a fire fighter] is

7-13     guaranteed a lump-sum benefit of at least $5,000.

7-14           (c) [(1)]  If the death of a member [fire fighter] results

7-15     from the performance of emergency service duties [as a member of

7-16     the fire department], in addition to the lump-sum death benefit,

7-17     the deceased member's spouse and dependents are entitled to receive

7-18     in equal shares a survivor's benefit equal to two-thirds of the

7-19     monthly retirement annuity the decedent would have been entitled to

7-20     receive if the decedent had been able to retire, vested at 100

7-21     percent, under Section 3 of this Act on the date of the decedent's

7-22     death.  As long as both spouse and one or more dependents survive,

7-23     an additional one-third of that monthly retirement annuity shall be

7-24     paid to the dependents in equal shares.

7-25           (d)  If a person [member fire fighter] dies after retirement,

7-26     the surviving spouse shall receive two-thirds of the monthly

7-27     pension the decedent was receiving at the time of death.  If a

 8-1     member [fire fighter] dies before retirement but after meeting the

 8-2     minimum age and service requirements for service retirement, the

 8-3     surviving spouse is entitled to receive two-thirds of the monthly

 8-4     pension the decedent would have received if the decedent had

 8-5     retired on the date of death.

 8-6           (e)  The spouse is eligible to receive benefits as long as

 8-7     the spouse remains alive.

 8-8           (f)  Lump-sum death benefits are subject to the laws of

 8-9     descent and distribution if the decedent has not provided for

8-10     testamentary disposition.

8-11           (g)  When a member [fire fighter] names more than one

8-12     beneficiary for the lump-sum death benefit, the benefit shall be

8-13     divided equally among the named beneficiaries unless the member

8-14     [fire fighter] designates a proportional division.  If the member

8-15     [fire fighter] designates a proportional division, each beneficiary

8-16     shall receive the proportion of the lump-sum benefit designated by

8-17     the member [fire fighter].

8-18           (h)  The surviving spouse of a deceased member who dies after

8-19     terminating service with all participating departments and meeting

8-20     a vesting requirement under Section 6 of this Act but before

8-21     attaining the age of 55 is entitled to a monthly pension, beginning

8-22     on the date the decedent would have attained that age, that is

8-23     two-thirds of the monthly pension to which the decedent would have

8-24     been entitled on that date.

8-25           Sec. 8.  CERTIFICATION OF PHYSICAL FITNESS.  A prospective

8-26     member [fire fighter entering service in a member fire department

8-27     after the effective date of this Act] shall present to the local

 9-1     board of trustees a certification of physical fitness by a

 9-2     qualified physician.  If the local board accepts the certification,

 9-3     the person [fire fighter] becomes a member of the pension system.

 9-4     If the local board does not accept the certification or if the

 9-5     person [fire fighter] does not present a certification, the person

 9-6     [fire fighter] becomes a member of the pension system only if the

 9-7     local board assigns the person [fire fighter] to support duties

 9-8     [other than fighting fires].

 9-9           Sec. 9.  TRANSFER OF ACCRUED BENEFITS.  A member [fire

9-10     fighter] who terminates service and later resumes service with the

9-11     same participating [fire] department or transfers to another

9-12     participating [member] department may transfer all accrued benefits

9-13     to the new or resumed service.

9-14           Sec. 10.  ENTERING THE PENSION SYSTEM; REQUIRED ELECTION.

9-15     (a)  An election must be held within a [the local fire] department

9-16     to merge its current pension plan with the pension system.

9-17           (b)  The election must be held within 14 days after:

9-18                 (1)  a petition calling for an election and signed by

9-19     50 percent of the active emergency services personnel [fire

9-20     fighters] in the department is filed at the local department; and

9-21                 (2)  the disclosure required by Section 16 of this Act

9-22     is made to the emergency services personnel [fire fighters] in the

9-23     local department.

9-24           (c)  If the current pension plan of the [fire] department is

9-25     not solvent, the election to enter the pension system in this Act

9-26     must be decided by a majority of the votes cast by qualified

9-27     emergency services personnel [fire fighters] in the department.

 10-1          (d)  If the current pension plan of the [fire] department is

 10-2    solvent, the election to enter the pension system in this Act must

 10-3    be decided by at least 60 percent of all votes cast.

 10-4          (e)  In the election required in this section, a person's

 10-5    [fire fighter's] vote must be multiplied by the number of years of

 10-6    participation in the current pension plan.

 10-7          SECTION 5.  Sections 11(a), (d), (e), and (f), Texas

 10-8    Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3,

 10-9    Vernon's Texas Civil Statutes), are amended to read as follows:

10-10          (a)  When a [fire] department under a current pension plan

10-11    elects to participate in the pension system in this Act, the

10-12    current pension plan is merged with the pension system.

10-13          (d)  Following merger, a member's retirement benefits in the

10-14    pension system are determined by either the future-service method

10-15    or the buy-back method.  [The options are available only to fire

10-16    fighters participating in the current pension plan.]

10-17          (e)(1)  In the future-service method, the qualified service

10-18    required to earn retirement benefits in the pension system begins

10-19    as of the date of merger.  For determining a person's retirement

10-20    benefits in the pension system, a department [fire fighter] may

10-21    choose the formula for benefits used in the current pension plan or

10-22    the formula for benefits as outlined in this Act.  Any retirement

10-23    benefits accrued prior to the date of merger will also be paid on

10-24    retirement according to the formula for benefits under the current

10-25    pension plan.

10-26                (2)  In the buy-back method in determining the member's

10-27    [fire fighters'] retirement benefits in the pension system, a

 11-1    department [fire fighter] may choose the formula for benefits used

 11-2    in the current pension plan or the formula for benefits as outlined

 11-3    in this Act.  A member [The fire fighter] who has less than 15

 11-4    years of service remaining before retirement as of the date of

 11-5    merger may count time served under the current pension plan before

 11-6    the date of merger as qualified service if the service complies

 11-7    with the [minimum drill and fire] attendance requirements provided

 11-8    for qualified service.  The time period necessary to make 15 years

 11-9    of service before retirement may be used.

11-10          (f)  A person [fire fighter] who terminates service prior to

11-11    the date of merger of the person's [his fire] department's current

11-12    pension plan with the pension system is entitled to receive at

11-13    retirement age the retirement benefits vested under the pension

11-14    plan in effect during the person's [his] service.  The pension

11-15    system pays the person's [his] benefits.

11-16          SECTION 6.  Sections 11A, 12, 12A, 15, and 16, Texas

11-17    Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3,

11-18    Vernon's Texas Civil Statutes), are amended to read as follows:

11-19          Sec. 11A.  PRIOR SERVICE OF MEMBERS WITHOUT A PENSION PLAN

11-20    BEFORE PARTICIPATION.  A governing body that wishes to participate

11-21    [is participating] in the fund and whose [fire] department did not

11-22    have a pension plan in effect immediately before the date of

11-23    participation may purchase, on terms acceptable to the

11-24    commissioner, credit for prior service by its emergency services

11-25    personnel [member fire fighters].  The commissioner, after

11-26    consultation with a qualified actuary, shall determine the amount

11-27    required to purchase prior-service credit under this section.  The

 12-1    requirements of Section 11 of this Act apply to the purchase of

 12-2    prior-service credit under this section to the extent that they are

 12-3    applicable.  The value of prior service purchased under this

 12-4    section is the same as if it had been performed as a member of the

 12-5    fund.

 12-6          Sec. 12.  WITHDRAWING FROM THE PENSION SYSTEM.  (a)  A

 12-7    current pension plan that merges with the pension system may

 12-8    withdraw from the pension system within five years after the date

 12-9    of merger on a majority vote of the emergency services personnel

12-10    [fire fighters] in the department voting in the same manner as

12-11    provided in Section 10 of this Act.

12-12          (b)  On withdrawal from the pension system, the allocated

12-13    assets and liabilities as apportioned by an actuary retained by the

12-14    pension system must be transferred to the plan chosen to replace

12-15    the pension system.

12-16          (c)  If a member [fire fighter] terminates service before

12-17    retirement, vested retirement benefits must be paid to the member

12-18    [fire fighter] at retirement age.   There is no penalty for

12-19    nonconsecutive years of service.

12-20          Sec. 12A.  BENEFITS FOR MEMBER OF DEPARTMENT THAT CEASES TO

12-21    EXIST.  (a)  The commissioner shall continue to administer benefits

12-22    of the pension system for members and retirees who performed

12-23    service for a former [member fire] department that has not

12-24    withdrawn from the pension system under Section 12 of this Act and

12-25    has ceased to exist.

12-26          (b)  The governing body of a political subdivision in which a

12-27    former [member fire] department described by Subsection (a) of this

 13-1    section was located shall perform the duties provided by Section 23

 13-2    of this Act for the members and retirees who performed service for

 13-3    the former [member fire] department.

 13-4          Sec. 15.  PENSION PLANS REQUIRED TO BE SOLVENT.  (a)  Every

 13-5    person who performs emergency service duties as a fire fighter in

 13-6    the state and who serves without monetary remuneration must be a

 13-7    member of a solvent pension plan.

 13-8          (b)  After the effective date of this Act, an insolvent

 13-9    pension plan for emergency services personnel [fire fighters] who

13-10    serve without monetary remuneration must become actuarially sound

13-11    within three years.  An insolvent pension plan must demonstrate to

13-12    the commissioner within six months after becoming insolvent that

13-13    steps are being taken to become actuarially sound.

13-14          Sec. 16.  DISCLOSURE OF PENSION PLAN INFORMATION REQUIRED.

13-15    (a)  The governing body shall disclose to each person [fire

13-16    fighter] who [serves without monetary remuneration and who] is

13-17    eligible for participation in the pension system the information

13-18    required by this section.

13-19          (b)  The commissioner shall distribute to each emergency

13-20    services [fire] department and each governing body the following

13-21    information:

13-22                (1)  all benefits that are available in the pension

13-23    system in this Act;

13-24                (2)  the contributions required by the pension system;

13-25                (3)  the expected return on the investment for [of] a

13-26    member [fire fighter];

13-27                (4)  when benefits vest;

 14-1                (5)  the transferability of benefits;

 14-2                (6)  rights of withdrawing members;

 14-3                (7)  procedures for filing claims and appeals; and

 14-4                (8)  [tax consequences; and]

 14-5                [(9)]  changes in the law.

 14-6          (c)  Each [The local fire] department shall disclose to all

 14-7    personnel who are eligible to participate in the fund [each fire

 14-8    fighter in the department and to each new fire fighter on his

 14-9    commissioning] the information in Subsection (b) of this section.

14-10          (d)  After a petition for an election as required in Section

14-11    10 of this Act has been filed and before the election occurs, the

14-12    directors of a current pension plan must disclose to its members

14-13    the information required in Subsection (b) of this section about

14-14    the current pension plan.

14-15          SECTION 7.  Section 19(a), Texas Statewide Volunteer Fire

14-16    Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil

14-17    Statutes), is amended to read as follows:

14-18          (a)  The commissioner may not administer any [fire fighters']

14-19    pension plan other than the pension system created by this Act and

14-20    the system created by Chapter 125, Acts of the 45th Legislature,

14-21    Regular Session, 1937, as amended (Article 6243e, Vernon's Texas

14-22    Civil Statutes).

14-23          SECTION 8.  Section 21(b), Texas Statewide Volunteer Fire

14-24    Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil

14-25    Statutes), is amended to read as follows:

14-26          (b)  The board shall establish rules [and regulations]

14-27    necessary for the administration of the fund.  The board shall

 15-1    adopt rules to provide a proration of the requirements for

 15-2    qualified service for a member who performs service for only a

 15-3    portion of a calendar year and may provide by rule for the manner

 15-4    in which member attendance or drill hours are to be computed.

 15-5          SECTION 9.  Sections 22(a) and (d), Texas Statewide Volunteer

 15-6    Fire Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil

 15-7    Statutes), are amended to read as follows:

 15-8          (a)  The local board of trustees is composed of the

 15-9    following:

15-10                (1)  one representative selected by the governing body;

15-11                (2)  five members representing a participating [of the

15-12    local fire] department chosen by a majority of the emergency

15-13    services personnel in the department who are eligible to

15-14    participate in the pension system [fire fighters in qualified

15-15    service]; and

15-16                (3)  two residents of a participating political

15-17    subdivision [tax-paying voters] who are chosen by the other members

15-18    of the board.

15-19          (d)  On the first local board, the [fire department]

15-20    representatives of the participating department shall serve

15-21    staggered terms.  These [The fire department] representatives shall

15-22    draw by lot at the first board meeting to determine the length of

15-23    term to be served.  Three representatives shall serve two-year

15-24    terms, and two representatives shall serve one-year terms.  The

15-25    first appointments of the [tax-paying or citizen] representatives

15-26    appointed by other members of the board shall be one appointed for

15-27    a two-year term and one appointed for a one-year term.  Thereafter,

 16-1    all appointments are for two-year terms.

 16-2          SECTION 10.  Sections 23(a) and (e), Texas Statewide

 16-3    Volunteer Fire Fighters Retirement Act (Article 6243e.3, Vernon's

 16-4    Texas Civil Statutes), are amended to read as follows:

 16-5          (a)  The local board of trustees shall monitor the timely

 16-6    submission of required [collect all governing body contributions at

 16-7    least annually and send the] contributions to the commissioner.

 16-8          (e)  The local board shall require a member [fire fighter]

 16-9    who is receiving temporary disability benefits to file a disability

16-10    rating report from a physician every three months.  The board may

16-11    choose the physician.  When the reports indicate a significant

16-12    change of condition, the local board, after notice and a hearing,

16-13    may enter an order to terminate benefit payments or place the

16-14    member [fire fighter] on permanent disability.  The order is sent

16-15    to the commissioner.  If the board terminates benefits, the member

16-16    [fire fighter] is presumed able to perform the person's duties for

16-17    a participating department [as a fire fighter] or perform the

16-18    duties of another occupation for which the person is reasonably

16-19    suited by education, training, and experience.

16-20          SECTION 11.  Section 25, Texas Statewide Volunteer Fire

16-21    Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil

16-22    Statutes), is amended to read as follows:

16-23          Sec. 25.  ACT NOT TO REPEAL STATUTORY AUTHORITY.  This Act

16-24    does not repeal the statutory authority for any existing or current

16-25    pension plan.  This Act is intended to provide a pension system and

16-26    death and disability benefits for emergency services personnel who

16-27    are volunteers or auxiliary employees [fire fighters who serve

 17-1    without monetary remuneration].  The provisions of this Act are not

 17-2    to be interpreted to affect fully paid emergency services personnel

 17-3    [fire fighters] or their pension systems in any way.

 17-4          SECTION 12.  (a)  This Act takes effect September 1, 1997,

 17-5    except that the definition of "qualified service" in Section 1,

 17-6    Texas Statewide Emergency Services Retirement Act (Article 6243e.3,

 17-7    Vernon's Texas Civil Statutes), as amended by this Act, takes

 17-8    effect January 1, 1998.

 17-9          (b)  A governing body that elected to provide coverage for

17-10    volunteer firefighters under the Texas Statewide Volunteer Fire

17-11    Fighters Retirement Act as it was enacted by Chapter 269, Acts of

17-12    the 65th Legislature, Regular Session, 1977, may elect to exempt

17-13    itself from providing additional coverage to auxiliary emergency

17-14    services personnel who were not eligible for coverage under the

17-15    original provisions of the Texas Statewide Volunteer Fire Fighters

17-16    Retirement Act.  This exemption must be exercised within 60 days

17-17    after the general effective date of this Act.

17-18          SECTION 13.  The importance of this legislation and the

17-19    crowded condition of the calendars in both houses create an

17-20    emergency and an imperative public necessity that the

17-21    constitutional rule requiring bills to be read on three several

17-22    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 337 was passed by the House on March

         25, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 337 on May 19, 1997, by a non-record

         vote; and that the House adopted S.C.R. No. 105 authorizing certain

         corrections in H.B. No. 337 on May 22, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 337 was passed by the Senate, with

         amendments, on May 15, 1997, by the following vote:  Yeas 31, Nays

         0; and that the Senate adopted S.C.R. No. 105 authorizing certain

         corrections in H.B. No. 337 on May 22, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor