1-1 By: Greenberg (Senate Sponsor - Lindsay) H.B. No. 2522
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 14, 1999, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 4, Nays
1-6 0; May 14, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2522 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the administration of retirement systems for paid,
1-11 partly paid, or volunteer firefighters.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 18(a), Texas Local Fire Fighters
1-14 Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
1-15 amended to read as follows:
1-16 (a) A board of trustees established under this Act may
1-17 receive, handle, control, manage, and disburse the fund for the
1-18 retirement system, hear and determine all applications for
1-19 retirement and claims for disability, either partial or total, and
1-20 designate beneficiaries and participants as provided by this Act.
1-21 The chairman and vice chairman of a board may swear witnesses for
1-22 the purpose of taking testimony before the board on any matter
1-23 related to the fund. A board may issue a subpoena addressed to a
1-24 sheriff or constable to require the attendance of a witness or the
1-25 production of books, records, or other documents that may be
1-26 necessary and proper for the purposes of a proceeding before the
1-27 board.
1-28 SECTION 2. The Texas Local Fire Fighters Retirement Act
1-29 (Article 6243e, Vernon's Texas Civil Statutes) is amended by adding
1-30 Section 18A to read as follows:
1-31 Sec. 18A. ENFORCEMENT OF ACT. (a) If a board of trustees
1-32 fails or refuses to comply with an applicable requirement of this
1-33 Act, the fire fighters' pension commissioner may issue a subpoena
1-34 addressed to a sheriff' or constable to require the production of
1-35 books, records, or other documents that may be necessary to provide
1-36 or determine compliance.
1-37 (b) The attorney general shall represent the fire fighters'
1-38 pension commissioner in the enforcement of this Act and may file an
1-39 appropriate pleading or action in a district court in Travis County
1-40 to enforce a subpoena or secure a writ of mandamus to compel
1-41 compliance with this Act.
1-42 SECTION 3. Section 25, Texas Local Fire Fighters Retirement
1-43 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
1-44 read as follows:
1-45 Sec. 25. OTHER EXPENSES. (a) Except as provided by
1-46 Subsection (b) [(c)] of this section, a board of trustees
1-47 established under this Act may pay from assets of the fund all
1-48 [the] costs reasonably and lawfully [of legal fees and medical
1-49 fees] incurred by the retirement system and the costs of actual
1-50 [and necessary] expenses incurred by board members in the
1-51 performance of their duties on the board. A member of the board
1-52 may not receive compensation for service on the board.
1-53 (b) [Except as provided by Subsection (c) of this section, a
1-54 board of trustees may make payments from the fund for expenses in
1-55 addition to those described by Subsection (a) of this section, if
1-56 the expenses are first approved by a majority of the participating
1-57 members of the retirement system voting by secret ballot at an
1-58 election at which at least 50 percent of the participating members
1-59 vote.]
1-60 [(c)] The annual amount of payments from a fund under
1-61 [Subsections (a) and (b) of] this section, excluding legal and
1-62 medical fees, may not exceed:
1-63 (1) 1 percent of the book value of the assets of the
1-64 fund for the first $1 million in book value; and
2-1 (2) 1/4 of 1 percent of the book value of the assets
2-2 of the fund that exceeds $1 million.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.
2-10 * * * * *