By Bosse                                               H.B. No. 796

         75R3949 GCH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to maximum contributions to and benefits from retirement

 1-3     systems for police officers in certain municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 6(b), Chapter 76, Acts of the 50th

 1-6     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 1-7     is amended to read as follows:

 1-8           (b)  The maximum contribution which may be made to the fund

 1-9     by a member shall be limited to a contribution based on the salary

1-10     of the [second] highest rank the member has obtained by civil

1-11     service examination [classification] within the salary schedule of

1-12     the police department.  It is the intent of this section to limit

1-13     both the contribution and retirement benefits of any member to the

1-14     salary level of the [second] highest rank the member obtains by

1-15     civil service examination [of the police department personnel

1-16     classification schedule], provided that if the member has not held

1-17     the same classified position for three (3) years immediately

1-18     preceding the date of retirement, the retirement pension shall be

1-19     based on the average monthly base salary of the member for three

1-20     (3) years immediately preceding the date of retirement.

1-21           SECTION 2.  Section 11(b), Chapter 76, Acts of the 50th

1-22     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

1-23     is amended to read as follows:

1-24           (b)  If a member of the Police Pension System is promoted or

 2-1     appointed to any classified position above a classified position

 2-2     obtainable by civil service examination [the second highest] in the

 2-3     police department personnel classification schedule, that member's

 2-4     contribution and retirement benefits will be computed on the base

 2-5     salary of the [second] highest rank the person has obtained by

 2-6     civil service examination within the salary schedule of [classified

 2-7     position in] the police department [personnel classification

 2-8     schedule], provided that if the member has not held the same

 2-9     classified position for three (3) years immediately preceding the

2-10     date of retirement, the retirement pension shall be based on the

2-11     average monthly base salary of the member for three (3) years

2-12     immediately preceding retirement.  [For the purposes of this Act,

2-13     the position of the Chief of Police shall be considered the highest

2-14     classified position in the personnel classification schedule in the

2-15     police department.]

2-16           SECTION 3.  Section 28(b), Article 6243g-3, Revised Statutes,

2-17     is amended to read as follows:

2-18           (b)  [For purposes of this article, the chief of police shall

2-19     be considered to hold the highest classified position in the

2-20     department.]  The maximum contribution which may be made to the

2-21     fund by a member shall be limited to a contribution based on the

2-22     salary of the highest rank the member has obtained by civil service

2-23     examination within the salary schedule of the police department.

2-24     It is the intent of this section to limit both the contributions

2-25     and retirement benefits of any member to the salary level of the

2-26     highest rank the member obtains by civil service examination,

2-27     except that if the member has not held the same classified position

 3-1     for three years immediately preceding the date of retirement, the

 3-2     retirement pension shall be based on the average monthly base

 3-3     salary of the member for three years immediately preceding the date

 3-4     of retirement [compensation of the second highest classification

 3-5     within the salary schedule of the police department.  The maximum

 3-6     benefit which may be paid from the fund to any person holding a

 3-7     position above that of the second highest classified position shall

 3-8     be based on the compensation paid the second highest classified

 3-9     position within the department].

3-10           SECTION 4.  (a)  This Act takes effect July 1, 1997, if this

3-11     Act receives the votes required by Section 39, Article III, Texas

3-12     Constitution, for that effective date.  If this Act does not

3-13     receive the votes required by that section for an effective date

3-14     before the 91st day after the last day of the legislative session,

3-15     this Act takes effect September 1, 1997.

3-16           (b)  The changes in law made by this Act apply only to

3-17     contributions that become due and retirements and deaths that occur

3-18     on or after the effective date of this Act.

3-19           SECTION 5.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended,

3-24     and that this Act take effect and be in force according to its

3-25     terms, and it is so enacted.