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 25, Texas Local Fire Fighters Retirement
2-11 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
2-12 read as follows:
2-13 Sec. 25. OTHER EXPENSES. (a) Except as provided by
2-14 Subsection (b) [(c)] of this section, a board of trustees
2-15 established under this Act may pay from assets of the fund all
2-16 [the] costs reasonably and lawfully [of legal fees and medical
2-17 fees] incurred by the retirement system and the costs of actual
2-18 [and necessary] expenses incurred by board members in the
2-19 performance of their duties on the board. A member of the board
2-20 may not receive compensation for service on the board.
2-21 (b) [Except as provided by Subsection (c) of this section, a
2-22 board of trustees may make payments from the fund for expenses in
2-23 addition to those described by Subsection (a) of this section, if
2-24 the expenses are first approved by a majority of the participating
2-25 members of the retirement system voting by secret ballot at an
2-26 election at which at least 50 percent of the participating members
2-27 vote.]
3-1 [(c)] The annual amount of payments from a fund under
3-2 [Subsections (a) and (b) of] this section, excluding legal and
3-3 medical fees, may not exceed:
3-4 (1) 1 percent of the book value of the assets of the
3-5 fund for the first $1 million in book value; and
3-6 (2) 1/4 of 1 percent of the book value of the assets
3-7 of the fund that exceeds $1 million.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2522 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2522 on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2522 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor