By Greenberg H.B. No. 2522
76R9972 GCH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of retirement systems for paid,
1-3 partly paid, or volunteer firefighters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 18(a), Texas Local Fire Fighters
1-6 Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 (a) A board of trustees established under this Act may
1-9 receive, handle, control, manage, and disburse the fund for the
1-10 retirement system, hear and determine all applications for
1-11 retirement and claims for disability, either partial or total, and
1-12 designate beneficiaries and participants as provided by this Act.
1-13 The chairman and vice chairman of a board may swear witnesses for
1-14 the purpose of taking testimony before the board on any matter
1-15 related to the fund. A board may issue a subpoena addressed to a
1-16 sheriff or constable to require the attendance of a witness or the
1-17 production of books, records, or other documents that may be
1-18 necessary and proper for the purposes of a proceeding before the
1-19 board.
1-20 SECTION 2. The Texas Local Fire Fighters Retirement Act
1-21 (Article 6243e, Vernon's Texas Civil Statutes) is amended by adding
1-22 Section 18A to read as follows:
1-23 Sec. 18A. ENFORCEMENT OF ACT. (a) If a board of trustees
1-24 fails or refuses to comply with an applicable requirement of this
2-1 Act, the fire fighters' pension commissioner may issue a subpoena
2-2 addressed to a sheriff or constable to require the production of
2-3 books, records, or other documents that may be necessary to provide
2-4 or determine compliance.
2-5 (b) The attorney general shall represent the fire fighters'
2-6 pension commissioner in the enforcement of this Act and may file an
2-7 appropriate pleading or action in a district court in Travis County
2-8 to enforce a subpoena or secure a writ of mandamus to compel
2-9 compliance with this Act.
2-10 SECTION 3. Section 21, Texas Local Fire Fighters Retirement
2-11 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
2-12 adding Subsection (k) to read as follows:
2-13 (k) The fire fighters' pension commissioner may contract
2-14 with a board of trustees established under this Act to provide
2-15 services relating to the pension fund that the commissioner is not
2-16 otherwise required by this Act to perform. The services may
2-17 include accounting and investment advice and auditing. The
2-18 commissioner shall impose a fee for the services in an amount
2-19 sufficient in the aggregate to recover the costs of providing the
2-20 services. Fees collected under this subsection shall be deposited
2-21 to the credit of the fire fighters' pension commissioner account in
2-22 the general revenue fund.
2-23 SECTION 4. Section 25, Texas Local Fire Fighters Retirement
2-24 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
2-25 read as follows:
2-26 Sec. 25. OTHER EXPENSES. (a) Except as provided by
2-27 Subsection (b) [(c)] of this section, a board of trustees
3-1 established under this Act may pay from assets of the fund all
3-2 [the] costs reasonably and lawfully [of legal fees and medical
3-3 fees] incurred by the retirement system and the costs of actual
3-4 [and necessary] expenses incurred by board members in the
3-5 performance of their duties on the board. A member of the board
3-6 may not receive compensation for service on the board.
3-7 (b) [Except as provided by Subsection (c) of this section, a
3-8 board of trustees may make payments from the fund for expenses in
3-9 addition to those described by Subsection (a) of this section, if
3-10 the expenses are first approved by a majority of the participating
3-11 members of the retirement system voting by secret ballot at an
3-12 election at which at least 50 percent of the participating members
3-13 vote.]
3-14 [(c)] The annual amount of payments from a fund under
3-15 [Subsections (a) and (b) of] this section, excluding legal and
3-16 medical fees, may not exceed:
3-17 (1) 1 percent of the book value of the assets of the
3-18 fund for the first $1 million in book value; and
3-19 (2) 1/4 of 1 percent of the book value of the assets
3-20 of the fund that exceeds $1 million.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.