Amend SB 429 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 3.02, Chapter 452, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
Civil Statutes), is amended to read as follows:
Sec. 3.02. COMPOSITION OF BOARD. (a) The police retirement
board shall be composed of 11 members as follows:
(1) one council member designated by the city council;
(2) the city manager or the city manager's designee;
(3) the director of finance or the director's
designee;
(4) five <four> police officer members elected by the
police officer members of the system, each of whom serves <to
serve> for a term of four years<. Vacancies occurring by death,
resignation, disability retirement, removal, or any other reason
except retirement shall be filled for the remainder of the term by
a police officer member appointed by the board; a police officer
member who retires, except for disability retirement, will be
eligible to complete the remainder of the member's term>;
(5) one <three> legally qualified voter <voters> of
the city, resident for the preceding five years, to be appointed by
the police retirement board to serve for a<. The> term of <office
of citizen members shall be> four years<,> and <each member shall
continue to serve> until the member's successor is duly selected
and qualified<. Vacancies occurring by death, resignation, or
removal shall be filled by appointment by the remaining members of
the police retirement board>; and
(6) two <one> retired members <member> to be elected
by the retired members to serve for a<. The> term of <office of
such member shall be> four years, with the term of one member
expiring each odd-numbered year<. Such member shall continue to
serve until the member's successor is duly elected and qualified.
Vacancies occurring by death, resignation, or removal of such
retired member shall be filled by election by the retired members>.
(b) The terms of two members elected as described by
Subsection (a)(4) of this section expire in 2001 and every fourth
subsequent year, and the terms of three members elected as
described by Subsection (a)(4) of this section expire in 2003 and
every fourth subsequent year.
(c) A vacancy occurring by the death, resignation, or
removal of the member appointed under Subsection (a)(5) of this
section shall be filled by appointment by the remaining members of
the police retirement board.
SECTION 2. Section 3.03, Chapter 452, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
Civil Statutes), is amended to read as follows:
Sec. 3.03. <ELECTION OF> POLICE OFFICER AND RETIRED MEMBERS
OF BOARD. (a) The police officer members of the board shall be
elected and shall serve in accordance with Subsections (b)-(e) of
this section. <the following provisions:>
(b) <(1)> Any police officer member is <shall be> eligible
to run in the election for a position on the board.
(c) <(2) Terms of office shall be four years.> Members
shall serve during the term for which they are elected and until
their successors are elected and qualified, unless they are removed
or their active service as police officers with the city is
terminated for any reason other than service retirement. If a
police officer member should elect service retirement under Article
VI of this Act while serving the term for which the member is
elected, the member shall continue to serve for the remainder of
the term.
(d) <(3)> A vacancy occurring by reason of removal,
resignation, death, or any other reason <except retirement> shall
be filled for the remainder of the term by a police officer member
appointed by the remaining members of the police retirement board.
(e) <(4) No later than the first day of November of each
odd-numbered year, the board shall appoint an election committee.
The election committee shall prepare the ballot containing the
names of all eligible candidates.>
<(5) The election committee shall publish a notice at
least two weeks prior to the election date, informing all police
officer members of the election and the names of the police officer
members who have been certified as candidates.>
<(6)> Elections for police officer members shall be
held on the first payday in December of each odd-numbered year.
The police officers receiving the highest number of votes are
<shall be deemed> elected. In case of a tie vote, selection shall
be by lot<.>
<(7) The election committee shall canvass the returns,
certify the results, and announce the official results of the
election.>
<(8) The police retirement board shall approve written
procedures for the conduct of the election no later than August 1
of each odd-numbered year>.
(f) The retired members of the board shall be elected and
shall serve in accordance with Subsections (g)-(j) of this section.
(g) Any retired member is eligible to run in the election
for a position on the board.
(h) Retired members shall serve during the term for which
they are elected and until their successors are elected and
qualified.
(i) A vacancy occurring by reason of removal, resignation,
or death shall be filled for the remainder of the term by a retired
member appointed by the vote of a majority of the remaining members
of the police retirement board.
(j) An election for retired members shall be held during the
first week in December of each odd-numbered year. The retired
member receiving the highest number of votes in an election is
elected. In case of a tie vote, selection shall be by lot.
(k) The police retirement board shall approve written
procedures for the conduct of all elections under this Act and
shall certify and announce the results of each election.
SECTION 3. Section 5.02, Chapter 452, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
Civil Statutes), is amended by adding Subsection (c) to read as
follows:
(c) A member may not receive credit under this section for
military service for which the person is receiving or is eligible
to receive federal retirement payments based on 20 years or more of
active military service or its equivalent by the member or for
which the member has received credit in any other public retirement
system or program established under the laws of this state.
SECTION 4. Section 5.04(a), Chapter 452, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
Civil Statutes), is amended to read as follows:
(a) This section does not take effect unless the city
council <irrevocably> authorizes the city to begin making
contributions to the police retirement system in accordance with
Section 8.01(a) of this Act for police cadets during their
employment as cadets while members of a cadet class. Police cadets
whose cadet class begins after the city council makes the
<irrevocable> authorization shall make deposits to the police
retirement system in accordance with Section 8.01(a) of this Act,
and those cadets shall be members of the police retirement system
and shall receive creditable service for employment as cadets while
members of a cadet class, notwithstanding Sections 1.02(7), (18),
and (21) of this Act.
SECTION 5. Sections 6.07(a) and (b), Chapter 452, Acts of
the 72nd Legislature, Regular Session, 1991 (Article 6243n-1,
Vernon's Texas Civil Statutes), are amended to read as follows:
(a) The retroactive deferred retirement option plan,
referred to as RETRO DROP, is an option a member eligible for
service retirement based on 25 years of creditable service,
excluding any military service established under Section 5.02 of
this Act, <under Section 6.02 of this Act> may elect at retirement
subject to the conditions of this section. A member who elects
RETRO DROP receives a lump sum and a monthly retirement benefit.
(b) The member shall select the RETRO DROP benefit
computation date. The date:
(1) must be the last day of the month used for the
purpose of determining the monthly retirement benefit;
(2) may not precede the date the member first became
eligible for service retirement based on 25 years of creditable
service, excluding <normal retirement date as defined by Section
1.02(19) of this Act, except that for purposes of this subsection,
creditable service does not include> any military service credit
established under Section 5.02 of this Act; and
(3) may not precede the date of retirement by more
than 36 months.
SECTION 6. The changes in law made by this Act in the
composition of the police retirement board in certain
municipalities apply to each vacancy on the board by an elected or
citizen member of the board that occurs on or after the effective
date of this Act.
SECTION 7. This Act takes effect September 1, 1999.
SECTION 8. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.