1-1 By: Telford, et al. (Senate Sponsor - Bivins) H.B. No. 337
1-2 (In the Senate - Received from the House March 26, 1997;
1-3 April 2, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 11,
1-6 Nays 0; May 5, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 337 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to participation in and benefits from a statewide
1-11 retirement system for volunteer firefighters and other emergency
1-12 services personnel.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 1, Texas Statewide Volunteer Fire
1-15 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
1-16 Statutes), is amended by amending Subdivisions (1), (7), (9), (10),
1-17 (11), and (13) and adding Subdivisions (14)-(17) to read as
1-18 follows:
1-19 (1) "Qualified service" means [fire-fighting] service
1-20 for a participating department that is recognized as an emergency
1-21 services department by its governing body and that conducts at
1-22 least 48 hours of drills in a calendar year performed by a member
1-23 who is in good standing in a participating department that has not
1-24 fewer than 10 active members and who either attends at least
1-25 [rendered without monetary remuneration while a member in good
1-26 standing of a fire-fighting unit that has no fewer than 10 active
1-27 members, and a minimum of two drills each month, each drill two
1-28 hours long, and each active member present at] 40 percent of the
1-29 minimum number of hours of annual drills and at least 25 percent of
1-30 the department's emergencies in a calendar year or is absent
1-31 because of [fires. Absence caused by] military duty [does not
1-32 affect qualified service].
1-33 (7) "Fund" means the Texas statewide emergency
1-34 services personnel retirement fund [Fire Fighters' Relief and
1-35 Retirement Fund] created by this Act.
1-36 (9) "Member [fire fighter]" means a volunteer or
1-37 auxiliary [fire fighter] who participates in the pension system
1-38 under this Act.
1-39 (10) "Participating [Member fire] department" means a
1-40 public entity that performs fire, rescue, or emergency medical
1-41 services and [fire department that] participates in the pension
1-42 system under this Act.
1-43 (11) "Current pension plan" means a pension plan in
1-44 which a participating [fire] department is participating when it
1-45 elects to join the pension system created by this Act.
1-46 (13) "Governing body" means the governing body of any
1-47 political subdivision of the state [within which a rural fire
1-48 prevention district created pursuant to the provisions of Chapter
1-49 794, Health and Safety Code, is situated or the governing body of
1-50 any city or town within which a fire department subject to the
1-51 provisions of this Act is situated].
1-52 (14) "Volunteer" means a person who performs emergency
1-53 services for civic, charitable, or humanitarian reasons, receives
1-54 no monetary remuneration from a participating department, and is
1-55 not subject to the compensation requirements provided by the Fair
1-56 Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) for
1-57 employees.
1-58 (15) "Auxiliary employee" means a person who receives
1-59 compensation from a political subdivision of this state and is
1-60 certified by the political subdivision as being regularly engaged
1-61 in the performance of duties for a participating department in an
1-62 appointive office or position that normally requires services from
1-63 the person for less than 1,000 hours a year at a rate that does not
1-64 exceed the federal minimum wage by more than $2 per hour, as
2-1 established in the Fair Labor Standards Act of 1938 (29 U.S.C.
2-2 Section 201 et seq.), but excludes a person who is eligible to
2-3 receive credit for the same service in either the Texas County and
2-4 District Retirement System or the Texas Municipal Retirement
2-5 System.
2-6 (16) "Emergency services" means only those services
2-7 relating to fire, rescue, and emergency medical services performed
2-8 by a volunteer or auxiliary employee of a participating department.
2-9 (17) "Emergency services personnel" means persons who
2-10 perform emergency services.
2-11 SECTION 2. Section 1A, Texas Statewide Volunteer Fire
2-12 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
2-13 Statutes), is amended to read as follows:
2-14 Sec. 1A. SHORT TITLE. This Act may be cited as the Texas
2-15 Statewide Emergency Services [Volunteer Fire Fighters] Retirement
2-16 Act.
2-17 SECTION 3. Sections 2(a), (b), (c), and (f), Texas Statewide
2-18 Volunteer Fire Fighters Retirement Act (Article 6243e.3, Vernon's
2-19 Texas Civil Statutes), are amended to read as follows:
2-20 (a) The Texas statewide emergency services personnel
2-21 retirement fund [Fire Fighters' Relief and Retirement Fund] is a
2-22 trust fund in the state treasury.
2-23 (b) Participation in the fund is optional. A [Any]
2-24 governing body may, [not later than 60 days after the effective
2-25 date of this Act, and] in accordance with the usual procedures
2-26 prescribed for taking [other] official action[s] of the governing
2-27 body, elect to participate in [exempt itself from] the requirements
2-28 of this Act. Any action to not participate in [provide for an
2-29 exemption from] the requirements of this Act may be rescinded at
2-30 any time. A municipality that has elected to participate in this
2-31 fund may not rescind that election.
2-32 (c) Every governing body of a department that is eligible to
2-33 participate in the pension system and that is not currently exempt
2-34 under Subsection (b) of this section shall contribute for each
2-35 member [fire fighter] at least $12 for each month of service
2-36 beginning on the date the member [fire fighter] enters the pension
2-37 system. Contributions must be paid at least every 12 months. If
2-38 the participating [member fire] department is situated in more than
2-39 one political subdivision, the governing bodies of such political
2-40 subdivisions shall contribute equally towards a total of at least
2-41 $12 for each member [fire fighter] for each month of service.
2-42 (f) Any contribution made and any benefits provided pursuant
2-43 to this Act shall not be considered compensation, and members who
2-44 are volunteers [member fire fighters] shall not be deemed to be in
2-45 the paid service of any governing body.
2-46 SECTION 4. Sections 2A, 3, 4, 5, 8, 9, and 10, Texas
2-47 Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3,
2-48 Vernon's Texas Civil Statutes), are amended to read as follows:
2-49 Sec. 2A. MEMBERSHIP. (a) Except as otherwise provided by
2-50 this section, each person [fire fighter] who performs service as
2-51 [for] a volunteer or auxiliary employee of a participating [fire]
2-52 department is a member of the pension system.
2-53 (b) A person is not a member of the pension system:
2-54 (1) if the governing body [of the fire department] is
2-55 exempt from this Act under Section 2(b) of this Act;
2-56 (2) if the person is less than 18 years of age [a
2-57 minor];
2-58 (3) during a probationary period of service before
2-59 becoming a regular member of a participating [fire] department, if
2-60 the governing body of the [fire] department is not making
2-61 contributions for the probationary service; [or]
2-62 (4) if the person does not receive a certification of
2-63 physical fitness or assignment to support duties under Section 8 of
2-64 this Act; or
2-65 (5) if the person is retired under this Act, whether
2-66 or not the person continues to participate in emergency
2-67 service-related [fire-related] functions for a department from
2-68 which the person retired.
2-69 (c) A member who performs qualified service for more than
3-1 one participating [fire] department under this Act may become
3-2 eligible to receive service retirement benefits for service for
3-3 each department, but, if the person dies while a member, the
3-4 member's beneficiary must choose between an on-duty and off-duty
3-5 death benefit.
3-6 Sec. 3. RETIREMENT BENEFITS. (a) A member [fire fighter]
3-7 shall receive a retirement annuity payable in monthly installments
3-8 on reaching retirement age, subject to the vesting provisions in
3-9 Section 6 of this Act.
3-10 (b) The monthly retirement annuity is equal to six times the
3-11 governing body's average monthly contribution over the member's
3-12 [member fire fighters's] term of qualified service under this Act.
3-13 (c) For each year of additional qualified service in excess
3-14 of 15 years, a member [fire fighter] is entitled to receive an
3-15 additional seven percent of the member's [his] monthly pension
3-16 compounded annually. A member [fire fighter] may receive a
3-17 proportional credit for days or months of qualified service that
3-18 make up less than a year.
3-19 Sec. 4. DISABILITY BENEFITS. (a) A member [fire fighter]
3-20 must, at the time of disability, elect between retirement or
3-21 disability benefits if eligible for both.
3-22 (b) A member [fire fighter] who is disabled during the
3-23 performance of emergency service duties [as a fire fighter] is
3-24 automatically vested 100 percent as of the date of disability, if
3-25 the disability occurs before the member has completed 15 years of
3-26 qualified service. Benefits under this subsection are payable if
3-27 the member [fire fighter] is unable to perform the person's duties
3-28 for the member's participating department [as a fire fighter] or
3-29 the duties of any other occupation for which the person is
3-30 reasonably suited by education, training, and experience.
3-31 (c) A member [fire fighter] whose disability results from
3-32 performing emergency service duties [as a fire fighter] is
3-33 guaranteed a disability benefit of $300 a month.
3-34 Sec. 5. DEATH BENEFITS. (a) The beneficiary of a deceased
3-35 member [fire fighter] whose death did not result from the
3-36 performance of emergency service duties [as a member of the fire
3-37 department] shall receive a lump-sum benefit that is the greater
3-38 of:
3-39 (1) the sum contributed to the fund on the decedent's
3-40 behalf; or
3-41 (2) the sum which would have been contributed on the
3-42 decedent's behalf from whatever source at the end of 15 years of
3-43 qualified service.
3-44 (b) The beneficiary of a member whose death results from
3-45 performing emergency service duties [as a fire fighter] is
3-46 guaranteed a lump-sum benefit of at least $5,000.
3-47 (c) [(1)] If the death of a member [fire fighter] results
3-48 from the performance of emergency service duties [as a member of
3-49 the fire department], in addition to the lump-sum death benefit,
3-50 the deceased member's spouse and dependents are entitled to receive
3-51 in equal shares a survivor's benefit equal to two-thirds of the
3-52 monthly retirement annuity the decedent would have been entitled to
3-53 receive if the decedent had been able to retire, vested at 100
3-54 percent, under Section 3 of this Act on the date of the decedent's
3-55 death. As long as both spouse and one or more dependents survive,
3-56 an additional one-third of that monthly retirement annuity shall be
3-57 paid to the dependents in equal shares.
3-58 (d) If a person [member fire fighter] dies after retirement,
3-59 the surviving spouse shall receive two-thirds of the monthly
3-60 pension the decedent was receiving at the time of death. If a
3-61 member [fire fighter] dies before retirement but after meeting the
3-62 minimum age and service requirements for service retirement, the
3-63 surviving spouse is entitled to receive two-thirds of the monthly
3-64 pension the decedent would have received if the decedent had
3-65 retired on the date of death.
3-66 (e) The spouse is eligible to receive benefits as long as
3-67 the spouse remains alive.
3-68 (f) Lump-sum death benefits are subject to the laws of
3-69 descent and distribution if the decedent has not provided for
4-1 testamentary disposition.
4-2 (g) When a member [fire fighter] names more than one
4-3 beneficiary for the lump-sum death benefit, the benefit shall be
4-4 divided equally among the named beneficiaries unless the member
4-5 [fire fighter] designates a proportional division. If the member
4-6 [fire fighter] designates a proportional division, each beneficiary
4-7 shall receive the proportion of the lump-sum benefit designated by
4-8 the member [fire fighter].
4-9 (h) The surviving spouse of a deceased member who dies after
4-10 terminating service with all participating departments and meeting
4-11 a vesting requirement under Section 6 of this Act but before
4-12 attaining the age of 55 is entitled to a monthly pension, beginning
4-13 on the date the decedent would have attained that age, that is
4-14 two-thirds of the monthly pension to which the decedent would have
4-15 been entitled on that date.
4-16 Sec. 8. CERTIFICATION OF PHYSICAL FITNESS. A prospective
4-17 member [fire fighter entering service in a member fire department
4-18 after the effective date of this Act] shall present to the local
4-19 board of trustees a certification of physical fitness by a
4-20 qualified physician. If the local board accepts the certification,
4-21 the person [fire fighter] becomes a member of the pension system.
4-22 If the local board does not accept the certification or if the
4-23 person [fire fighter] does not present a certification, the person
4-24 [fire fighter] becomes a member of the pension system only if the
4-25 local board assigns the person [fire fighter] to support duties
4-26 [other than fighting fires].
4-27 Sec. 9. TRANSFER OF ACCRUED BENEFITS. A member [fire
4-28 fighter] who terminates service and later resumes service with the
4-29 same participating [fire] department or transfers to another
4-30 participating [member] department may transfer all accrued benefits
4-31 to the new or resumed service.
4-32 Sec. 10. ENTERING THE PENSION SYSTEM; REQUIRED ELECTION.
4-33 (a) An election must be held within a [the local fire] department
4-34 to merge its current pension plan with the pension system.
4-35 (b) The election must be held within 14 days after:
4-36 (1) a petition calling for an election and signed by
4-37 50 percent of the active emergency services personnel [fire
4-38 fighters] in the department is filed at the local department; and
4-39 (2) the disclosure required by Section 16 of this Act
4-40 is made to the emergency services personnel [fire fighters] in the
4-41 local department.
4-42 (c) If the current pension plan of the [fire] department is
4-43 not solvent, the election to enter the pension system in this Act
4-44 must be decided by a majority of the votes cast by qualified
4-45 emergency services personnel [fire fighters] in the department.
4-46 (d) If the current pension plan of the [fire] department is
4-47 solvent, the election to enter the pension system in this Act must
4-48 be decided by at least 60 percent of all votes cast.
4-49 (e) In the election required in this section, a person's
4-50 [fire fighter's] vote must be multiplied by the number of years of
4-51 participation in the current pension plan.
4-52 SECTION 5. Sections 11(a), (d), (e), and (f), Texas
4-53 Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3,
4-54 Vernon's Texas Civil Statutes), are amended to read as follows:
4-55 (a) When a [fire] department under a current pension plan
4-56 elects to participate in the pension system in this Act, the
4-57 current pension plan is merged with the pension system.
4-58 (d) Following merger, a member's retirement benefits in the
4-59 pension system are determined by either the future-service method
4-60 or the buy-back method. [The options are available only to fire
4-61 fighters participating in the current pension plan.]
4-62 (e)(1) In the future-service method, the qualified service
4-63 required to earn retirement benefits in the pension system begins
4-64 as of the date of merger. For determining a person's retirement
4-65 benefits in the pension system, a department [fire fighter] may
4-66 choose the formula for benefits used in the current pension plan or
4-67 the formula for benefits as outlined in this Act. Any retirement
4-68 benefits accrued prior to the date of merger will also be paid on
4-69 retirement according to the formula for benefits under the current
5-1 pension plan.
5-2 (2) In the buy-back method in determining the member's
5-3 [fire fighters'] retirement benefits in the pension system, a
5-4 department [fire fighter] may choose the formula for benefits used
5-5 in the current pension plan or the formula for benefits as outlined
5-6 in this Act. A member [The fire fighter] who has less than 15
5-7 years of service remaining before retirement as of the date of
5-8 merger may count time served under the current pension plan before
5-9 the date of merger as qualified service if the service complies
5-10 with the [minimum drill and fire] attendance requirements provided
5-11 for qualified service. The time period necessary to make 15 years
5-12 of service before retirement may be used.
5-13 (f) A person [fire fighter] who terminates service prior to
5-14 the date of merger of the person's [his fire] department's current
5-15 pension plan with the pension system is entitled to receive at
5-16 retirement age the retirement benefits vested under the pension
5-17 plan in effect during the person's [his] service. The pension
5-18 system pays the person's [his] benefits.
5-19 SECTION 6. Sections 11A, 12, 12A, 15, and 16, Texas
5-20 Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3,
5-21 Vernon's Texas Civil Statutes), are amended to read as follows:
5-22 Sec. 11A. PRIOR SERVICE OF MEMBERS WITHOUT A PENSION PLAN
5-23 BEFORE PARTICIPATION. A governing body that wishes to participate
5-24 [is participating] in the fund and whose [fire] department did not
5-25 have a pension plan in effect immediately before the date of
5-26 participation may purchase, on terms acceptable to the
5-27 commissioner, credit for prior service by its emergency services
5-28 personnel [member fire fighters]. The commissioner, after
5-29 consultation with a qualified actuary, shall determine the amount
5-30 required to purchase prior-service credit under this section. The
5-31 requirements of Section 11 of this Act apply to the purchase of
5-32 prior-service credit under this section to the extent that they are
5-33 applicable. The value of prior service purchased under this
5-34 section is the same as if it had been performed as a member of the
5-35 fund.
5-36 Sec. 12. WITHDRAWING FROM THE PENSION SYSTEM. (a) A
5-37 current pension plan that merges with the pension system may
5-38 withdraw from the pension system within five years after the date
5-39 of merger on a majority vote of the emergency services personnel
5-40 [fire fighters] in the department voting in the same manner as
5-41 provided in Section 10 of this Act.
5-42 (b) On withdrawal from the pension system, the allocated
5-43 assets and liabilities as apportioned by an actuary retained by the
5-44 pension system must be transferred to the plan chosen to replace
5-45 the pension system.
5-46 (c) If a member [fire fighter] terminates service before
5-47 retirement, vested retirement benefits must be paid to the member
5-48 [fire fighter] at retirement age. There is no penalty for
5-49 nonconsecutive years of service.
5-50 Sec. 12A. BENEFITS FOR MEMBER OF DEPARTMENT THAT CEASES TO
5-51 EXIST. (a) The commissioner shall continue to administer benefits
5-52 of the pension system for members and retirees who performed
5-53 service for a former [member fire] department that has not
5-54 withdrawn from the pension system under Section 12 of this Act and
5-55 has ceased to exist.
5-56 (b) The governing body of a political subdivision in which a
5-57 former [member fire] department described by Subsection (a) of this
5-58 section was located shall perform the duties provided by Section 23
5-59 of this Act for the members and retirees who performed service for
5-60 the former [member fire] department.
5-61 Sec. 15. Pension plans required to be solvent. (a) Every
5-62 person who performs emergency service duties as a fire fighter in
5-63 the state and who serves without monetary remuneration must be a
5-64 member of a solvent pension plan.
5-65 (b) After the effective date of this Act, an insolvent
5-66 pension plan for emergency services personnel [fire fighters] who
5-67 serve without monetary remuneration must become actuarially sound
5-68 within three years. An insolvent pension plan must demonstrate to
5-69 the commissioner within six months after becoming insolvent that
6-1 steps are being taken to become actuarially sound.
6-2 Sec. 16. DISCLOSURE OF PENSION PLAN INFORMATION REQUIRED.
6-3 (a) The governing body shall disclose to each person [fire
6-4 fighter] who [serves without monetary remuneration and who] is
6-5 eligible for participation in the pension system the information
6-6 required by this section.
6-7 (b) The commissioner shall distribute to each emergency
6-8 services [fire] department and each governing body the following
6-9 information:
6-10 (1) all benefits that are available in the pension
6-11 system in this Act;
6-12 (2) the contributions required by the pension system;
6-13 (3) the expected return on the investment for [of] a
6-14 member [fire fighter];
6-15 (4) when benefits vest;
6-16 (5) the transferability of benefits;
6-17 (6) rights of withdrawing members;
6-18 (7) procedures for filing claims and appeals; and
6-19 (8) [tax consequences; and]
6-20 [(9)] changes in the law.
6-21 (c) Each [The local fire] department shall disclose to all
6-22 personnel who are eligible to participate in the fund [each fire
6-23 fighter in the department and to each new fire fighter on his
6-24 commissioning] the information in Subsection (b) of this section.
6-25 (d) After a petition for an election as required in Section
6-26 10 of this Act has been filed and before the election occurs, the
6-27 directors of a current pension plan must disclose to its members
6-28 the information required in Subsection (b) of this section about
6-29 the current pension plan.
6-30 SECTION 7. Section 19(a), Texas Statewide Volunteer Fire
6-31 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
6-32 Statutes), is amended to read as follows:
6-33 (a) The commissioner may not administer any [fire fighters']
6-34 pension plan other than the pension system created by this Act and
6-35 the system created by Chapter 125, Acts of the 45th Legislature,
6-36 Regular Session, 1937, as amended (Article 6243e, Vernon's Texas
6-37 Civil Statutes).
6-38 SECTION 8. Section 21(b), Texas Statewide Volunteer Fire
6-39 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
6-40 Statutes), is amended to read as follows:
6-41 (b) The board shall establish rules [and regulations]
6-42 necessary for the administration of the fund. The board shall
6-43 adopt rules to provide a proration of the requirements for
6-44 qualified service for a member who performs service for only a
6-45 portion of a calendar year and may provide by rule for the manner
6-46 in which member attendance or drill hours are to be computed.
6-47 SECTION 9. Sections 22(a) and (d), Texas Statewide Volunteer
6-48 Fire Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
6-49 Statutes), are amended to read as follows:
6-50 (a) The local board of trustees is composed of the
6-51 following:
6-52 (1) one representative selected by the governing body;
6-53 (2) five members representing a participating [of the
6-54 local fire] department chosen by a majority of the emergency
6-55 services personnel in the department who are eligible to
6-56 participate in the pension system [fire fighters in qualified
6-57 service]; and
6-58 (3) two residents of a participating political
6-59 subdivision [tax-paying voters] who are chosen by the other members
6-60 of the board.
6-61 (d) On the first local board, the [fire department]
6-62 representatives of the participating department shall serve
6-63 staggered terms. These [The fire department] representatives shall
6-64 draw by lot at the first board meeting to determine the length of
6-65 term to be served. Three representatives shall serve two-year
6-66 terms, and two representatives shall serve one-year terms. The
6-67 first appointments of the [tax-paying or citizen] representatives
6-68 appointed by other members of the board shall be one appointed for
6-69 a two-year term and one appointed for a one-year term. Thereafter,
7-1 all appointments are for two-year terms.
7-2 SECTION 10. Sections 23(a) and (e), Texas Statewide
7-3 Volunteer Fire Fighters Retirement Act (Article 6243e.3, Vernon's
7-4 Texas Civil Statutes), are amended to read as follows:
7-5 (a) The local board of trustees shall monitor the timely
7-6 submission of required [collect all governing body contributions at
7-7 least annually and send the] contributions to the commissioner.
7-8 (e) The local board shall require a member [fire fighter]
7-9 who is receiving temporary disability benefits to file a disability
7-10 rating report from a physician every three months. The board may
7-11 choose the physician. When the reports indicate a significant
7-12 change of condition, the local board, after notice and a hearing,
7-13 may enter an order to terminate benefit payments or place the
7-14 member [fire fighter] on permanent disability. The order is sent
7-15 to the commissioner. If the board terminates benefits, the member
7-16 [fire fighter] is presumed able to perform the person's duties for
7-17 a participating department [as a fire fighter] or perform the
7-18 duties of another occupation for which the person is reasonably
7-19 suited by education, training, and experience.
7-20 SECTION 11. Section 25, Texas Statewide Volunteer Fire
7-21 Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil
7-22 Statutes), is amended to read as follows:
7-23 Sec. 25. ACT NOT TO REPEAL STATUTORY AUTHORITY. This Act
7-24 does not repeal the statutory authority for any existing or current
7-25 pension plan. This Act is intended to provide a pension system and
7-26 death and disability benefits for emergency services personnel who
7-27 are volunteers or auxiliary employees [fire fighters who serve
7-28 without monetary remuneration]. The provisions of this Act are not
7-29 to be interpreted to affect fully paid emergency services personnel
7-30 [fire fighters] or their pension systems in any way.
7-31 SECTION 12. (a) This Act takes effect September 1, 1997,
7-32 except that the definition of "qualified service" in Section 1,
7-33 Texas Statewide Emergency Services Retirement Act (Article 6243e.3,
7-34 Vernon's Texas Civil Statutes), as amended by this Act, takes
7-35 effect January 1, 1998.
7-36 (b) A governing body that elected to provide coverage for
7-37 volunteer firefighters under the Texas Statewide Volunteer Fire
7-38 Fighters Retirement Act as it was enacted by Chapter 269, Acts of
7-39 the 65th Legislature, Regular Session, 1977, may elect to exempt
7-40 itself from providing additional coverage to auxiliary emergency
7-41 service personnel who were not eligible for coverage under the
7-42 original provisions of the Texas Statewide Volunteer Fire Fighters
7-43 Retirement Act. This exemption must be exercised within 60 days
7-44 after the general effective date of this Act.
7-45 SECTION 13. The importance of this legislation and the
7-46 crowded condition of the calendars in both houses create an
7-47 emergency and an imperative public necessity that the
7-48 constitutional rule requiring bills to be read on three several
7-49 days in each house be suspended, and this rule is hereby suspended.
7-50 * * * * *