By Greenberg                                          H.B. No. 3773
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to participation in, contributions to, and benefits and
 1-3     administration of retirement systems for police officers in certain
 1-4     municipalities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 3.02, Chapter 452, Acts of the 72nd
 1-7     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
 1-8     Civil Statutes), is amended to read as follows:
 1-9           Sec. 3.02.  Composition of board.  The police retirement
1-10     board shall be composed of 11 members as follows:
1-11                 (1)  one council member designated by the city council;
1-12                 (2)  the city manager or the city manager's designee;
1-13                 (3)  the director of finance or the director's
1-14     designee;
1-15                 (4)  five [four] police officer members elected by the
1-16     police officer members of the system, each of whom [to] serve for a
1-17     term of four years.  The terms of two such elected members shall
1-18     expire in 2001 and every four years thereafter; the terms of the
1-19     other three such elected members shall expire in 2003 and every
1-20     four years thereafter.  [Vacancies occurring by death, resignation,
1-21     disability retirement, removal, or any other reason except
 2-1     retirement shall be filled for the remainder of the term by a
 2-2     police officer member appointed by the board; a police officer
 2-3     member who retires, except for disability retirement, will be
 2-4     eligible to complete the remainder of the member's term];
 2-5                 (5)  one [three] legally qualified voter [voters] of
 2-6     the city, resident for the preceding five years, to be appointed by
 2-7     the police retirement board.  The term of office of the citizen
 2-8     member [members] shall be four years, and the [each] member shall
 2-9     continue to serve until the member's successor is duly selected and
2-10     qualified.  Vacancies occurring by death, resignation, or removal
2-11     shall be filled by appointment by the remaining members of the
2-12     police retirement board; and
2-13                 (6)  two retired members [one retired member] to be
2-14     elected by the retired members.  The term of office of each [such]
2-15     retired member shall be four years, with the term of one member
2-16     expiring each odd-numbered year.  [Such member shall continue to
2-17     serve until the member's successor is duly elected and qualified.
2-18     Vacancies occurring by death, resignation, or removal of such
2-19     retired member shall be filled by election by the retired members.]
2-20           SECTION 2.  Section 3.03, Chapter 452, Acts of the 72nd
2-21     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
2-22     Civil Statutes), is amended to read as follows:
2-23           Sec. 3.03.  [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
2-24     OF THE BOARD.  (a)  The police officer members of the board shall
2-25     be elected and shall serve in accordance with the following
 3-1     provisions:
 3-2                 (1)  Any police officer member shall be eligible to run
 3-3     in the election for a position on the board.
 3-4                 (2)  [Terms of office shall be four years.]  Members
 3-5     shall serve during the term for which they are elected and until
 3-6     their successors are elected and qualified, unless they are removed
 3-7     or their active service as police officers with the city is
 3-8     terminated for any reason other than service retirement.  If a
 3-9     police officer member should elect service retirement under Article
3-10     VI of this Act while serving the term for which the member is
3-11     elected, the member shall continue to serve for the remainder of
3-12     the term.
3-13                 (3)  A vacancy occurring by reason of removal,
3-14     resignation, death, or any other reason [except retirement] shall
3-15     be filled for the remainder of the term by a police officer member
3-16     appointed by the remaining members of the police retirement board.
3-17                 [(4)  No later than the first day of November of each
3-18     odd-numbered year, the board shall appoint an election committee.
3-19     The election committee shall prepare the ballot containing the
3-20     names of all eligible candidates.]
3-21                 [(5)  The election committee shall publish a notice at
3-22     least two weeks prior to the election date, informing all police
3-23     officer members of the election and the names of the police officer
3-24     members who have been certified as candidates.]
3-25                 (4) [(6)]  Elections for police officer members shall
 4-1     be held on the first payday in December of each odd-numbered year.
 4-2     The police officers receiving the highest number of votes shall be
 4-3     deemed elected.  In case of a tie vote, selection shall be by lot.
 4-4                 [(7)  The election committee shall canvass the returns,
 4-5     certify the results, and announce the official results of the
 4-6     election.]
 4-7                 [(8)  The police retirement board shall approve written
 4-8     procedures for the conduct of the election no later than August 1
 4-9     of each odd-numbered year.]
4-10           (b)  The retired members of the board shall be elected and
4-11     shall serve in accordance with the following provisions:
4-12                 (1)  Any retired member shall be eligible to run in the
4-13     election for a position on the board.
4-14                 (2)  Retired members shall serve during the term for
4-15     which they are elected and until their successors are elected and
4-16     qualified.
4-17                 (3)  A vacancy occurring by reason of removal,
4-18     resignation, or death shall be filled for the remainder of the term
4-19     by a retired member appointed by the vote of a majority of the
4-20     remaining members of the police retirement board.
4-21                 (4)  Elections for retired members shall be held during
4-22     the first week in December of each odd-numbered year.  The retired
4-23     member receiving the highest number of votes in an election shall
4-24     be deemed elected.  In case of a tie vote, selection shall be by
4-25     lot.
 5-1           (c)  The police retirement board shall approve written
 5-2     procedures for the conduct of all elections hereunder and shall
 5-3     certify and announce the results of each election.
 5-4           SECTION 3.  Section 5.02, Chapter 452, Acts of the 72nd
 5-5     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
 5-6     Civil Statutes), is amended by adding Subsection (c) to read as
 5-7     follows:
 5-8           (c)  No person can receive credit under this section for
 5-9     military service for which the person is receiving or is eligible
5-10     to receive federal retirement payments based on 20 years or more of
5-11     active military service or its equivalent by the member or for
5-12     which the member has received credit in any other public retirement
5-13     system or program established under the laws of this state.
5-14           SECTION 4.  Section 5.04(a), Chapter 452, Acts of the 72nd
5-15     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-16     Civil Statutes), is amended to read as follows:
5-17           (a)  This section does not take effect unless the city
5-18     council [irrevocably] authorizes the city to begin making
5-19     contributions to the police retirement system in accordance with
5-20     Section 8.01(a) of this Act for police cadets during their
5-21     employment as cadets while members of a cadet class.  Police cadets
5-22     whose cadet class begins after the city council makes the
5-23     [irrevocable] authorization shall make deposits to the police
5-24     retirement system in accordance with Section 8.01(a) of this Act,
5-25     and those cadets shall be members of the police retirement system
 6-1     and shall receive creditable service for employment as cadets while
 6-2     members of a cadet class, notwithstanding Sections 1.02(7), (18),
 6-3     and (21) of this Act.
 6-4           SECTION 5.  Section 6.07, Chapter 452, Acts of the 72nd
 6-5     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
 6-6     Civil Statutes), is amended by amending Subsections (a) and (b) to
 6-7     read as follows:
 6-8           (a)  The retroactive deferred retirement option plan,
 6-9     referred to as RETRO DROP, is an option a member eligible for
6-10     service retirement based on 25 years of creditable service
6-11     (excluding any military service established under Section 5.02 of
6-12     this Act) [under Section 6.02 of this Act] may elect at retirement
6-13     subject to the conditions of this section.  A member who elects
6-14     RETRO DROP receives a lump sum and a monthly retirement benefit.
6-15           (b)  The member shall select the RETRO DROP benefit
6-16     computation date.  The date:
6-17                 (1)  must be the last day of the month used for the
6-18     purpose of determining the monthly retirement benefit;
6-19                 (2)  may not precede the date the member first became
6-20     eligible for service retirement based on 25 years of creditable
6-21     service excluding [normal retirement date as defined by Section
6-22     1.02(19) of this Act, except that for purposes of this subsection,
6-23     creditable service does not include] any military service credit
6-24     established under Section 5.02 of this Act; and
6-25                 (3)  may not precede the date of retirement by more
 7-1     than 36 months.
 7-2           SECTION 6.  This Act takes effect on September 1, 1999.
 7-3           SECTION 7.  The importance of this legislation and the
 7-4     crowded condition of the calendars in both houses create an
 7-5     emergency and an imperative public necessity that the
 7-6     constitutional rule requiring bills to be read on three several
 7-7     days in each house be suspended, and this rule is hereby suspended.