SRC-ARR H.B. 2522 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2522
76R9972 GCH-FBy: Greenberg (Lindsay)
Intergovernmental Relations
5/10/1999
Engrossed


DIGEST 

H.B. 2522 reflects the suggestions made at a meeting of the Legislative
Committee of the Texas Local Fire Fighters Retirement Act. This bill
authorizes a local board to swear a witness and to issue a subpoena,
authorizes the fire fighters' pension commissioner to issue a subpoena and
to contract for services, and modifies language regarding a board's
authority to pay costs from the retirement system's fund.  
 
PURPOSE

As proposed, H.B. 2522 sets forth requirements for the administration of
retirement systems for paid, partly paid, or volunteer fire-fighters. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 18(a), Article 6243e, V.T.C.S. (Texas Local Fire
Fighters Retirement Act), to authorize the chairman and vice chairman of
the board of trustees established under this Act (board ) to swear
witnesses for the purpose of taking testimony before the board on any
matter related to the fund. Authorizes a board to issue a subpoena
addressed to a sheriff or constable to require the attendance of a witness
or the production of books, records, or other documents that may be
necessary and proper for the purpose of a proceeding before the board.  

SECTION 2. Amends Article 6243e, V.T.C.S., by adding Section 18A, as
follows: 

Sec. 18A. ENFORCEMENT OF ACT. Authorizes the fire fighters' pension
commissioner (commissioner) to issue a subpoena addressed to the sheriff or
constable to require the production of books, records, or other documents
that may be necessary to provide or determine compliance, if a board of
trustees fails or refuses to comply with an applicable requirement of this
Act. Requires the attorney general to represent the commissioner in the
enforcement of this Act and to file an appropriate pleading or action in a
district court in Travis County to enforce a subpoena or secure a writ of
mandamus to compel compliance with this Act.  

SECTION 3. Amends Section 21, Article 6243e, V.T.C.S., by adding Subsection
(k), to authorize the commissioner to contract with a board of trustees
established under this Act to provide services relating to the pension fund
that the commissioner is not otherwise required by this Act to perform.
Authorizes the services to include accounting and investment advice and
auditing. Authorizes the commissioner to impose a fee for the services in
an amount sufficient in the aggregate to recover the costs of providing the
services. Requires fees collected under this subsection to be deposited to
the credit of the commissioners account in the general revenue fund.  

SECTION 4. Amends Section 25, Article 6243e, V.T.C.S., to authorize a board
of trustees established under this Act to pay from assets of the fund all
costs reasonably and lawfully incurred by the retirement system and the
costs of actual expenses incurred by board members in the performance of
their duties. Deletes text regarding payments to the fund. Makes conforming
changes.  
 
SECTION 5. Emergency clause.
                      Effective date: upon passage.