By Barrientos                                          S.B. No. 429
         76R5298 T                           
                                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.  Article II, Chapter 452, Acts of the 72nd
 1-7     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
 1-8     Civil Statutes), is amended by adding Section 2.04 to read as
 1-9     follows:
1-10           Sec. 2.04.  AGREEMENT MAY NOT SUPERSEDE THIS ACT.
1-11     Notwithstanding anything contained in Local Government Code Section
1-12     143.307, an agreement between a public employer and an association
1-13     under Subchapter I, Chapter 143, Local Government Code, may not
1-14     supersede or preempt any provision of this Act, nor may any such
1-15     agreement increase, diminish, or qualify any right, benefit,
1-16     privilege, or obligation under this Act.
1-17           SECTION 2.  Section 3.02, Chapter 452, Acts of the 72nd
1-18     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-19     Civil Statutes), is amended to read as follows:
1-20           Sec. 3.02.  COMPOSITION OF BOARD.  The police retirement
1-21     board shall be composed of 11 members as follows:
1-22                 (1)  one council member designated by the city council;
1-23                 (2)  the city manager or the city manager's designee;
1-24                 (3)  the director of finance or the director's
 2-1     designee;
 2-2                 (4)  four police officer members elected by the police
 2-3     officer members of the system, each of whom [to] serve for a term
 2-4     of four years, with the terms of two members expiring each
 2-5     odd-numbered year[.  Vacancies occurring by death, resignation,
 2-6     disability retirement, removal, or any other reason except
 2-7     retirement shall be filled for the remainder of the term by a
 2-8     police officer member appointed by the board; a police officer
 2-9     member who retires, except for disability retirement, will be
2-10     eligible to complete the remainder of the member's term];
2-11                 (5)  two [three] legally qualified voters of the city,
2-12     resident for the preceding five years, to be appointed by the
2-13     police retirement board.  The term of office of citizen members
2-14     shall be four years, and each member shall continue to serve until
2-15     the member's successor is duly selected and qualified.  Vacancies
2-16     occurring by death, resignation, or removal shall be filled by
2-17     appointment by the remaining members of the police retirement
2-18     board; and
2-19                 (6)  two retired members [one retired member] to be
2-20     elected by the retired members.  The term of office of each [such]
2-21     retired member shall be four years, with the term of one member
2-22     expiring each odd-numbered year.  [Such member shall continue to
2-23     serve until the member's successor is duly elected and qualified.
2-24     Vacancies occurring by death, resignation, or removal of such
2-25     retired member shall be filled by election by the retired members.]
2-26           SECTION 3.  Section 3.03, Chapter 452, Acts of the 72nd
2-27     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
 3-1     Civil Statutes), is amended to read as follows:
 3-2           Sec. 3.03.  [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
 3-3     OF THE BOARD.  (a)  The police officer members of the board shall
 3-4     be elected and shall serve in accordance with the following
 3-5     provisions:
 3-6                 (1)  Any police officer member shall be eligible to run
 3-7     in the election for a position on the board.
 3-8                 (2)  [Terms of office shall be four years.] Members
 3-9     shall serve during the term for which they are elected and until
3-10     their successors are elected and qualified, unless they are removed
3-11     or their active service as police officers with the city is
3-12     terminated for any reason other than service retirement.  If a
3-13     police officer member should elect service retirement under Article
3-14     VI of this Act while serving the term for which the member is
3-15     elected, the member shall continue to serve for the remainder of
3-16     the term.
3-17                 (3)  A vacancy occurring by reason of removal,
3-18     resignation, death, or any other reason [except retirement] shall
3-19     be filled for the remainder of the term by a police officer member
3-20     appointed by the remaining members of the police retirement board.
3-21                 [(4)  No later than the first day of November of each
3-22     odd-numbered year, the board shall appoint an election committee.
3-23     The election committee shall prepare the ballot containing the
3-24     names of all eligible candidates.]
3-25                 [(5)  The election committee shall publish a notice at
3-26     least two weeks prior to the election date, informing all police
3-27     officer members of the election and the names of the police officer
 4-1     members who have been certified as candidates.]
 4-2                 (4) [(6)]  Elections for police officer members shall
 4-3     be held on the first payday in December of each odd-numbered year.
 4-4     The police officers receiving the highest number of votes shall be
 4-5     deemed elected.  In case of a tie vote, selection shall be by lot.
 4-6                 [(7)  The election committee shall canvass the returns,
 4-7     certify the results, and announce the official results of the
 4-8     election.]
 4-9                 [(8)  The police retirement board shall approve written
4-10     procedures for the conduct of the election no later than August 1
4-11     of each odd-numbered year.]
4-12           (b)  The retired members of the board shall be elected and
4-13     shall serve in accordance with the following provisions:
4-14                 (1)  Any retired member shall be eligible to run in the
4-15     election for a position on the board.
4-16                 (2)  Retired members shall serve during the term for
4-17     which they are elected and until their successors are elected and
4-18     qualified.
4-19                 (3)  A vacancy occurring by reason of removal,
4-20     resignation, or death shall be filled for the remainder of the term
4-21     by a retired member appointed by the vote of a majority of the
4-22     remaining members of the police retirement board.
4-23                 (4)  Elections for retired members shall be held during
4-24     the first week in December of each odd-numbered year.  The retired
4-25     member receiving the highest number of votes in an election shall
4-26     be deemed elected.  In case of a tie vote, selection shall be by
4-27     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 4.  Section 5.04(a), Chapter 452, Acts of the 72nd
 5-5     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
 5-6     Civil Statutes), is amended to read as follows:
 5-7           (a)  This section does not take effect unless the city
 5-8     council [irrevocably] authorizes the city to begin making
 5-9     contributions to the police retirement system in accordance with
5-10     Section 8.01(a) of this Act for police cadets during their
5-11     employment as cadets while members of a cadet class.  Police cadets
5-12     whose cadet class begins after the city council makes the
5-13     [irrevocable] authorization shall make deposits to the police
5-14     retirement system in accordance with Section 8.01(a) of this Act,
5-15     and those cadets shall be members of the police retirement system
5-16     and shall receive creditable service for employment as cadets while
5-17     members of a cadet class, notwithstanding Sections 1.02(7), (18),
5-18     and (21) of this Act.
5-19           SECTION 5.  Section 6.07, Chapter 452, Acts of the 72nd
5-20     Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
5-21     Civil Statutes), is amended by amending Subsections (a) and (b) to
5-22     read as follows:
5-23           (a)  The retroactive deferred retirement option plan,
5-24     referred to as RETRO DROP, is an option a member eligible for
5-25     service retirement based on 25 years of creditable service
5-26     (excluding any military service established under Section 5.02 of
5-27     this Act) [under Section 6.02 of this Act] may elect at retirement
 6-1     subject to the conditions of this section.  A member who elects
 6-2     RETRO DROP receives a lump sum and a monthly retirement benefit.
 6-3           (b)  The member shall select the RETRO DROP benefit
 6-4     computation date.  The date:
 6-5                 (1)  must be the last day of the month used for the
 6-6     purpose of determining the monthly retirement benefit;
 6-7                 (2)  may not precede the date the member first became
 6-8     eligible for service retirement based on 25 years of creditable
 6-9     service excluding [normal retirement date as defined by Section
6-10     1.02(19) of this Act, except that for purposes of this subsection,
6-11     creditable service does not include] any military service credit
6-12     established under Section 5.02 of this Act; and
6-13                 (3)  may not precede the date of retirement by more
6-14     than 36 months.
6-15           SECTION 6.  This Act takes effect on September 1, 1999.
6-16           SECTION 7.  The importance of this legislation and the
6-17     crowded condition of the calendars in both houses create an
6-18     emergency and an imperative public necessity that the
6-19     constitutional rule requiring bills to be read on three several
6-20     days in each house be suspended, and this rule is hereby suspended.