HBA-SEB H.B. 2522 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2522 By: Greenberg Pensions and Investments 3/16/1999 Introduced BACKGROUND AND PURPOSE The Legislative Committee of the Texas Local Fire Fighters Retirement Act met on September 20, 1998, for the purpose of receiving input about the fire fighters' retirement system (retirement system) from local boards of trustees (boards) governing the retirement system and from the public. Local board members, staff, actuaries, and general counsel of the Office of the Attorney General offered comments. H.B. 2522 reflects the suggestions made at the meeting by authorizing a local board to swear a witness and to issue a subpoena, authorizing the fire fighters' pension commissioner to issue a subpoena, and modifying language regarding a board's authority to pay costs from the retirement system's fund. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. 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 a 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 a trust fund established in conjunction with a fire fighter's retirement system (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 purposes of a proceeding before the board. SECTION 2. Amends Article 6243e, V.T.C.S. (Texas Local Fire Fighters Retirement Act), by adding Section 18A, as follows: Sec. 18A. ENFORCEMENT OF ACT. Authorizes the fire fighters' pension commissioner (commissioner) to issue a subpoena addressed to a 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 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. Authorizes the attorney general 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 25, Article 6243e, V.T.C.S. (Texas Local Fire Fighters Retirement Act), to authorize a board to pay from assets of the fund all costs incurred by a fire fighters' retirement system (retirement system), rather than the costs of legal and medical fees, and the costs of actual expenses incurred by board members in the performance of their duties on the board. Deletes existing text authorizing payments from the fund if the expenses are first approved by a majority of participating members in the retirement system. Makes conforming changes. SECTION 4.Emergency clause. Effective date: upon passage.