1-1 By: Barrientos S.B. No. 429
1-2 (In the Senate - Filed February 8, 1999; February 9, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; May 10, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 10, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to participation in, contributions to, and benefits and
1-9 administration of retirement systems for police officers in certain
1-10 municipalities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article II, Chapter 452, Acts of the 72nd
1-13 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-14 Civil Statutes), is amended by adding Section 2.04 to read as
1-15 follows:
1-16 Sec. 2.04. AGREEMENT MAY NOT SUPERSEDE THIS ACT.
1-17 Notwithstanding anything contained in Section 143.307, Local
1-18 Government Code, an agreement between a public employer and an
1-19 association under Subchapter I, Chapter 143, Local Government Code,
1-20 may not supersede or preempt any provision of this Act, nor may any
1-21 such agreement increase, diminish, or qualify any right, benefit,
1-22 privilege, or obligation under this Act.
1-23 SECTION 2. Section 3.02, Chapter 452, Acts of the 72nd
1-24 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-25 Civil Statutes), is amended to read as follows:
1-26 Sec. 3.02. COMPOSITION OF BOARD. The police retirement
1-27 board shall be composed of 11 members as follows:
1-28 (1) one council member designated by the city council;
1-29 (2) the city manager or the city manager's designee;
1-30 (3) the director of finance or the director's
1-31 designee;
1-32 (4) four police officer members elected by the police
1-33 officer members of the system, each of whom serves [to serve] for a
1-34 term of four years, with the terms of two members expiring each
1-35 odd-numbered year[. Vacancies occurring by death, resignation,
1-36 disability retirement, removal, or any other reason except
1-37 retirement shall be filled for the remainder of the term by a
1-38 police officer member appointed by the board; a police officer
1-39 member who retires, except for disability retirement, will be
1-40 eligible to complete the remainder of the member's term];
1-41 (5) two [three] legally qualified voters of the city,
1-42 resident for the preceding five years, to be appointed by the
1-43 police retirement board. The term of office of citizen members
1-44 shall be four years, and each member shall continue to serve until
1-45 the member's successor is duly selected and qualified. Vacancies
1-46 occurring by death, resignation, or removal shall be filled by
1-47 appointment by the remaining members of the police retirement
1-48 board; and
1-49 (6) two retired members [one retired member] to be
1-50 elected by the retired members. The term of office of each retired
1-51 [such] member shall be four years, with the term of one member
1-52 expiring each odd-numbered year. [Such member shall continue to
1-53 serve until the member's successor is duly elected and qualified.
1-54 Vacancies occurring by death, resignation, or removal of such
1-55 retired member shall be filled by election by the retired members.]
1-56 SECTION 3. Section 3.03, Chapter 452, Acts of the 72nd
1-57 Legislature, Regular Session, 1991 (Article 6243n-1, Vernon's Texas
1-58 Civil Statutes), is amended to read as follows:
1-59 Sec. 3.03. [ELECTION OF] POLICE OFFICER AND RETIRED MEMBERS
1-60 OF THE BOARD. (a) The police officer members of the board shall
1-61 be elected and shall serve in accordance with the following
1-62 provisions:
1-63 (1) Any police officer member shall be eligible to run
1-64 in the election for a position on the board.
2-1 (2) [Terms of office shall be four years.] Members
2-2 shall serve during the term for which they are elected and until
2-3 their successors are elected and qualified, unless they are removed
2-4 or their active service as police officers with the city is
2-5 terminated for any reason other than service retirement. If a
2-6 police officer member should elect service retirement under Article
2-7 VI of this Act while serving the term for which the member is
2-8 elected, the member shall continue to serve for the remainder of
2-9 the term.
2-10 (3) A vacancy occurring by reason of removal,
2-11 resignation, death, or any other reason [except retirement] shall
2-12 be filled for the remainder of the term by a police officer member
2-13 appointed by the remaining members of the police retirement board.
2-14 (4) [No later than the first day of November of each
2-15 odd-numbered year, the board shall appoint an election committee.
2-16 The election committee shall prepare the ballot containing the
2-17 names of all eligible candidates.]
2-18 [(5) The election committee shall publish a notice at
2-19 least two weeks prior to the election date, informing all police
2-20 officer members of the election and the names of the police officer
2-21 members who have been certified as candidates.]
2-22 [(6)] Elections for police officer members shall be
2-23 held on the first payday in December of each odd-numbered year.
2-24 The police officers receiving the highest number of votes shall be
2-25 deemed elected. In case of a tie vote, selection shall be by lot.
2-26 (b) The retired members of the police retirement board shall
2-27 be elected and shall serve in accordance with the following
2-28 provisions:
2-29 (1) Any retired member shall be eligible to run in the
2-30 election for a position on the board.
2-31 (2) Retired members shall serve during the term for
2-32 which they are elected and until their successors are elected and
2-33 qualified.
2-34 (3) A vacancy occurring by reason of removal,
2-35 resignation, or death shall be filled for the remainder of the term
2-36 by a retired member appointed by the vote of a majority of the
2-37 remaining members of the board.
2-38 (4) Elections for retired members shall be held during
2-39 the first week in December of each odd-numbered year. The retired
2-40 member receiving the highest number of votes in an election shall
2-41 be deemed elected. In case of a tie vote, selection shall be by
2-42 lot.
2-43 (c) The police retirement board shall approve written
2-44 procedures for the conduct of all elections held under this section
2-45 and shall certify and announce the results of each election.
2-46 [(7) The election committee shall canvass the returns,
2-47 certify the results, and announce the official results of the
2-48 election.]
2-49 [(8) The police retirement board shall approve written
2-50 procedures for the conduct of the election no later than August 1
2-51 of each odd-numbered year.]
2-52 SECTION 4. Subsection (a), Section 5.04, Chapter 452, Acts
2-53 of the 72nd Legislature, Regular Session, 1991 (Article 6243n-1,
2-54 Vernon's Texas Civil Statutes), is amended to read as follows:
2-55 (a) This section does not take effect unless the city
2-56 council [irrevocably] authorizes the city to begin making
2-57 contributions to the police retirement system in accordance with
2-58 Section 8.01(a) of this Act for police cadets during their
2-59 employment as cadets while members of a cadet class. Police cadets
2-60 whose cadet class begins after the city council makes the
2-61 [irrevocable] authorization shall make deposits to the police
2-62 retirement system in accordance with Section 8.01(a) of this Act,
2-63 and those cadets shall be members of the police retirement system
2-64 and shall receive creditable service for employment as cadets while
2-65 members of a cadet class, notwithstanding Sections 1.02(7), (18),
2-66 and (21) of this Act.
2-67 SECTION 5. Subsections (a) and (b), Section 6.07, Chapter
2-68 452, Acts of the 72nd Legislature, Regular Session, 1991 (Article
2-69 6243n-1, Vernon's Texas Civil Statutes), are amended to read as
3-1 follows:
3-2 (a) The retroactive deferred retirement option plan,
3-3 referred to as RETRO DROP, is an option a member eligible for
3-4 service retirement based on 25 years of creditable service,
3-5 excluding any military service established under Section 5.02
3-6 [6.02] of this Act, may elect at retirement subject to the
3-7 conditions of this section. A member who elects RETRO DROP
3-8 receives a lump sum and a monthly retirement benefit.
3-9 (b) The member shall select the RETRO DROP benefit
3-10 computation date. The date:
3-11 (1) must be the last day of the month used for the
3-12 purpose of determining the monthly retirement benefit;
3-13 (2) may not precede the date the member first became
3-14 eligible for service retirement based on 25 years of creditable
3-15 service excluding [normal retirement date as defined by Section
3-16 1.02(19) of this Act, except that for purposes of this subsection,
3-17 creditable service does not include] any military service credit
3-18 established under Section 5.02 of this Act; and
3-19 (3) may not precede the date of retirement by more
3-20 than 36 months.
3-21 SECTION 6. This Act takes effect September 1, 1999.
3-22 SECTION 7. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.
3-27 * * * * *