1-1     By:  Greenberg, et al. (Senate Sponsor - Barrientos)  H.B. No. 3773
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported favorably by
 1-5     the following vote:  Yeas 4, Nays 0; May 14, 1999, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to credit in and benefits and administration of retirement
1-10     systems for police officers in certain municipalities.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 3.02, Chapter 452, Acts of the 72nd
1-13     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-14     Civil Statutes), is amended to read as follows:
1-15           Sec. 3.02.  COMPOSITION OF BOARD.  (a)  The police retirement
1-16     board shall be composed of 11 members as follows:
1-17                 (1)  one council member designated by the city council;
1-18                 (2)  the city manager or the city manager's designee;
1-19                 (3)  the director of finance or the director's
1-20     designee;
1-21                 (4)  five [four] police officer members elected by the
1-22     police officer members of the system, each of whom serves [to
1-23     serve] for a term of four years[.  Vacancies occurring by death,
1-24     resignation, disability retirement, removal, or any other reason
1-25     except retirement shall be filled for the remainder of the term by
1-26     a police officer member appointed by the board;  a police officer
1-27     member who retires, except for disability retirement, will be
1-28     eligible to complete the remainder of the member's term];
1-29                 (5)  one [three] legally qualified voter [voters] of
1-30     the city, resident for the preceding five years, to be appointed by
1-31     the police retirement board to serve for a[.  The] term of [office
1-32     of citizen members shall be] four years[,] and [each member shall
1-33     continue to serve] until the member's successor is duly selected
1-34     and qualified[.  Vacancies occurring by death, resignation, or
1-35     removal shall be filled by appointment by the remaining members of
1-36     the police retirement board]; and
1-37                 (6)  two [one] retired members [member] to be elected
1-38     by the retired members to serve for a[.  The] term of [office of
1-39     such member shall be] four years, with the term of one member
1-40     expiring each odd-numbered year[.  Such member shall continue to
1-41     serve until the member's successor is duly elected and qualified.
1-42     Vacancies occurring by death, resignation, or removal of such
1-43     retired member shall be filled by election by the retired members].
1-44           (b)  The terms of two members elected as described by
1-45     Subsection (a)(4) of this section expire in 2001 and every fourth
1-46     subsequent year, and the terms of three members elected as
1-47     described by Subsection (a)(4) of this section expire in 2003 and
1-48     every fourth subsequent year.
1-49           (c)  A vacancy occurring by the death, resignation, or
1-50     removal of  the member appointed under Subsecton (a)(5) of this
1-51     section shall be filled by appointment by the remaining members of
1-52     the police retirement board.
1-53           SECTION 2.  Section 3.03, Chapter 452, Acts of the 72nd
1-54     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-55     Civil Statutes), is amended to read as follows:
1-56           Sec. 3.03.  [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
1-57     OF BOARD.  (a)  The police officer members of the board shall be
1-58     elected and shall serve in accordance with Subsections (b)-(e) of
1-59     this section. [the following provisions:]
1-60           (b) [(1)]  Any police officer member is [shall be] eligible
1-61     to run in the election for a position on the board.
1-62           (c) [(2)  Terms of office shall be four years.]  Members
1-63     shall serve during the term for which they are elected and until
1-64     their successors are elected and qualified, unless they are removed
 2-1     or their active service as police officers with the city is
 2-2     terminated for any reason other than service retirement.  If a
 2-3     police officer member should elect service retirement under Article
 2-4     VI of this Act while serving the term for which the member is
 2-5     elected, the member shall continue to serve for the remainder of
 2-6     the term.
 2-7           (d) [(3)]  A vacancy occurring by reason of removal,
 2-8     resignation, death, or any other reason [except retirement] shall
 2-9     be filled for the remainder of the term by a police officer member
2-10     appointed by the remaining members of the police retirement board.
2-11           (e) [(4)  No later than the first day of November of each
2-12     odd-numbered year, the board shall appoint an election committee.
2-13     The election committee shall prepare the ballot containing the
2-14     names of all eligible candidates.]
2-15                 [(5)  The election committee shall publish a notice at
2-16     least two weeks prior to the election date, informing all police
2-17     officer members of the election and the names of the police officer
2-18     members who have been certified as candidates.]
2-19                 [(6)]  Elections for police officer members shall be
2-20     held on the first payday in December of each odd-numbered year.
2-21     The police officers receiving the highest number of votes are
2-22     [shall be deemed] elected.  In case of a tie vote, selection shall
2-23     be by lot[.]
2-24                 [(7)  The election committee shall canvass the returns,
2-25     certify the results, and announce the official results of the
2-26     election.]
2-27                 [(8)  The police retirement board shall approve written
2-28     procedures for the conduct of the election no later than August 1
2-29     of each odd-numbered year].
2-30           (f)  The retired members of the board shall be elected and
2-31     shall serve in accordance with Subsections (g)-(j) of this section.
2-32           (g)  Any retired member is eligible to run in the election
2-33     for a position on the board.
2-34           (h)  Retired members shall serve during the term for which
2-35     they are elected and until their successors are elected and
2-36     qualified.
2-37           (i)  A vacancy occurring by reason of removal, resignation,
2-38     or death shall be filled for the remainder of the term by a retired
2-39     member appointed by the vote of a majority of the remaining members
2-40     of the police retirement board.
2-41           (j)  An election for retired members shall be held during the
2-42     first week in December of each odd-numbered year.  The retired
2-43     member receiving the highest number of votes in an election is
2-44     elected.  In case of a tie vote, selection shall be by lot.
2-45           (k)  The police retirement board shall approve written
2-46     procedures for the conduct of all elections under this Act and
2-47     shall certify and announce the results of each election.
2-48           SECTION 3.  Section 5.02, Chapter 452, Acts of the 72nd
2-49     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
2-50     Civil Statutes), is amended by adding Subsection (c) to read as
2-51     follows:
2-52           (c)  A member may not receive credit under this section for
2-53     military service for which the person is receiving or is eligible
2-54     to receive federal retirement payments based on 20 years or more of
2-55     active military service or its equivalent by the member or for
2-56     which the member has received credit in any other public retirement
2-57     system or program established under the laws of this state.
2-58           SECTION 4.  Section 5.04(a), Chapter 452, Acts of the 72nd
2-59     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
2-60     Civil Statutes), is amended to read as follows:
2-61           (a)  This section does not take effect unless the city
2-62     council [irrevocably] authorizes the city to begin making
2-63     contributions to the police retirement system in accordance with
2-64     Section 8.01(a) of this Act for police cadets during their
2-65     employment as cadets while members of a cadet class.  Police cadets
2-66     whose cadet class begins after the city council makes the
2-67     [irrevocable] authorization shall make deposits to the police
2-68     retirement system in accordance with Section 8.01(a) of this Act,
2-69     and those cadets shall be members of the police retirement system
 3-1     and shall receive creditable service for employment as cadets while
 3-2     members of a cadet class, notwithstanding Sections 1.02(7), (18),
 3-3     and (21) of this Act.
 3-4           SECTION 5.  Sections 6.07(a) and (b), Chapter 452, Acts of
 3-5     the 72nd Legislature, Regular Session, 1991 (Article 6243n-1,
 3-6     Vernon's Texas Civil Statutes), are amended to read as follows:
 3-7           (a)  The retroactive deferred retirement option plan,
 3-8     referred to as RETRO DROP, is an option a member eligible for
 3-9     service retirement based on 25 years of creditable service,
3-10     excluding any military service established under Section 5.02 of
3-11     this Act, [under Section 6.02 of this Act] may elect at retirement
3-12     subject to the conditions of this section.  A member who elects
3-13     RETRO DROP receives a lump sum and a monthly retirement benefit.
3-14           (b)  The member shall select the RETRO DROP benefit
3-15     computation date.  The date:
3-16                 (1)  must be the last day of the month used for the
3-17     purpose of determining the monthly retirement benefit;
3-18                 (2)  may not precede the date the member first became
3-19     eligible for service retirement based on 25 years of creditable
3-20     service, excluding [normal retirement date as defined by Section
3-21     1.02(19) of this Act, except that for purposes of this subsection,
3-22     creditable service does not include] any military service credit
3-23     established under Section 5.02 of this Act; and
3-24                 (3)  may not precede the date of retirement by more
3-25     than 36 months.
3-26           SECTION 6.  The changes in law made by this Act in the
3-27     composition of the police retirement board in certain
3-28     municipalities apply to each vacancy on the board by an elected or
3-29     citizen member of the board that occurs on or after the effective
3-30     date of this Act.
3-31           SECTION 7.  This Act takes effect September 1, 1999.
3-32           SECTION 8.  The importance of this legislation and the
3-33     crowded condition of the calendars in both houses create an
3-34     emergency and an imperative public necessity that the
3-35     constitutional rule requiring bills to be read on three several
3-36     days in each house be suspended, and this rule is hereby suspended.
3-37                                  * * * * *