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 * * * * *