By McCall, Tillery, Bosse, Chisum, Gallego H.B. No. 1747
77R1070 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the office of the
1-3 fire fighters' pension commissioner and the membership of the board
1-4 of trustees of the Texas statewide emergency services personnel
1-5 retirement fund.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 21(d), Texas Local Fire Fighters
1-8 Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
1-9 amended to read as follows:
1-10 (d) The fire fighters' pension commissioner serves a term of
1-11 four [two] years.
1-12 SECTION 2. Section 21, Texas Local Fire Fighters Retirement
1-13 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
1-14 amending Subsections (b), (c), and (h) and adding Subsection (k) to
1-15 read as follows:
1-16 (b) A person is not eligible for appointment as the fire
1-17 fighters' pension commissioner if the person or the person's
1-18 spouse:
1-19 (1) is employed by or participates in the management
1-20 of a business entity or other organization regulated by or
1-21 receiving money [funds] from the office of the commissioner; [or]
1-22 (2) owns or controls, directly or indirectly, more
1-23 than a 10 percent interest in a business entity or other
1-24 organization regulated by or receiving money [funds] from the
2-1 office of the commissioner; or
2-2 (3) uses or receives a substantial amount of tangible
2-3 goods, services, or money from the office of the commissioner other
2-4 than compensation or reimbursement authorized by law for the fire
2-5 fighters' pension commissioner.
2-6 (c) Appointment of the fire fighters' pension commissioner
2-7 shall be made without regard to the race, color, disability
2-8 [handicap], sex, religion, age, or national origin of the
2-9 appointee.
2-10 (h) The office of fire fighters' pension commissioner is
2-11 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
2-12 continued in existence as provided by that chapter, the office is
2-13 abolished September 1, 2011 [2001].
2-14 (k) A person may not serve as the fire fighters' pension
2-15 commissioner or act as the general counsel to the commissioner or
2-16 to the office of the fire fighters' pension commissioner if the
2-17 person is required to register as a lobbyist under Chapter 305,
2-18 Government Code, because of the person's activities for
2-19 compensation on behalf of a profession related to the operation of
2-20 the office of the fire fighters' pension commissioner.
2-21 SECTION 3. Section 21A, Texas Local Fire Fighters Retirement
2-22 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
2-23 amending Subsections (c) and (d) and adding Subsections (h)-(k) to
2-24 read as follows:
2-25 (c) The fire fighters' pension commissioner or the
2-26 commissioner's designee shall prepare and maintain a written policy
2-27 statement that implements a program [to assure implementation of a
3-1 program] of equal employment opportunity to ensure that [under
3-2 which] all personnel decisions [transactions] are made without
3-3 regard to race, color, disability [handicap], sex, religion, age,
3-4 or national origin. The policy statement must include:
3-5 (1) personnel policies, including policies relating to
3-6 recruitment, evaluation, selection, [appointment,] training, and
3-7 promotion of personnel, that show the intent of the office of the
3-8 fire fighters' pension commissioner to avoid the unlawful
3-9 employment practices described by Chapter 21, Labor Code; and
3-10 (2) an analysis of the extent to which the composition
3-11 of the office's personnel is in accordance with state and federal
3-12 law and a description of reasonable methods to achieve compliance
3-13 with state and federal law [a comprehensive analysis of the
3-14 commissioner's work force that meets federal and state guidelines;]
3-15 [(3) procedures by which a determination can be made
3-16 of significant underutilization in the commissioner's work force of
3-17 all persons for whom federal or state guidelines encourage a more
3-18 equitable balance; and]
3-19 [(4) reasonable methods to appropriately address those
3-20 areas of significant underutilization].
3-21 (d) A policy statement prepared under Subsection (c) of this
3-22 section must:
3-23 (1) [cover an annual period,] be updated [at least]
3-24 annually;
3-25 (2) be reviewed by the state Commission on Human
3-26 Rights for compliance with Subsection (c)(1) of this section;[,]
3-27 and
4-1 (3) be filed with the governor's office.
4-2 (h) The office of the fire fighters' pension commissioner
4-3 shall maintain a file on each written complaint filed with the
4-4 office. The file must include:
4-5 (1) the name of the person who filed the complaint;
4-6 (2) the date the complaint is received by the office;
4-7 (3) the subject matter of the complaint;
4-8 (4) the name of each person contacted in relation to
4-9 the complaint;
4-10 (5) a summary of the results of the review or
4-11 investigation of the complaint; and
4-12 (6) an explanation of the reason the file was closed,
4-13 if the office closed the file without taking action other than to
4-14 investigate the complaint.
4-15 (i) The office of the fire fighters' pension commissioner
4-16 shall provide to the person filing the complaint and to each person
4-17 who is a subject of the complaint a copy of the office's policies
4-18 and procedures relating to complaint investigation and resolution.
4-19 (j) The office of the fire fighters' pension commissioner,
4-20 at least quarterly until final disposition of the complaint, shall
4-21 notify the person filing the complaint and each person who is a
4-22 subject of the complaint of the status of the investigation unless
4-23 the notice would jeopardize an undercover investigation.
4-24 (k) The fire fighters' pension commissioner or the
4-25 commissioner's designee shall provide to employees of the office of
4-26 fire fighters' pension commissioner information and training on the
4-27 benefits and methods of participation in the state employee
5-1 incentive program.
5-2 SECTION 4. Sections 20(a), (c), and (e), Texas Statewide
5-3 Emergency Services Retirement Act (Article 6243e.3, Vernon's Texas
5-4 Civil Statutes), are amended to read as follows:
5-5 (a) There is a state board of trustees composed of nine
5-6 active members. Six trustees must be members of the fund, one of
5-7 whom must represent emergency medical services personnel. Three
5-8 [and three] trustees must be persons who have experience in the
5-9 fields of finance, securities investment, or pension
5-10 administration.
5-11 (c) A person is not eligible for appointment as a member of
5-12 the state board of trustees if the person or the person's spouse is
5-13 employed by or participates in the management of a business entity
5-14 or other organization regulated by or receiving funds from the
5-15 board or the fund.
5-16 (e) Appointments to the state board of trustees shall be
5-17 made without regard to the race, color, disability [handicap], sex,
5-18 religion, age, or national origin of the appointees.
5-19 SECTION 5. The changes in law made by this Act in the
5-20 qualifications of, and the prohibitions applying to, the fire
5-21 fighters' pension commissioner or the members of the board of
5-22 trustees of the Texas statewide emergency services personnel
5-23 retirement fund do not affect the entitlement of a person serving
5-24 as the commissioner or as a member of the board immediately before
5-25 September 1, 2001, to continue to carry out the functions of the
5-26 person's office for the remainder of the person's term. The
5-27 changes in law apply only to a person appointed on or after
6-1 September 1, 2001. This Act does not prohibit a person who is the
6-2 commissioner or a member of the board on September 1, 2001, from
6-3 being reappointed as commissioner or as a board member if the
6-4 person has the qualifications required for the position under the
6-5 Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's
6-6 Texas Civil Statutes), as amended by this Act, or the Texas
6-7 Statewide Emergency Services Retirement Act (Article 6243e.3,
6-8 Vernon's Texas Civil Statutes), as amended by this Act.
6-9 SECTION 6. (a) Except as provided by Subsection (b), this
6-10 Act takes effect September 1, 2001.
6-11 (b) Section 21(d), Texas Local Fire Fighters Retirement Act
6-12 (Article 6243e, Vernon's Texas Civil Statutes), as amended by this
6-13 Act, takes effect on the effective date of the constitutional
6-14 amendment providing for a four-year term of office for the fire
6-15 fighters' pension commissioner, as proposed by the 77th
6-16 Legislature, Regular Session, 2001, but only if that amendment is
6-17 approved by the voters. If that amendment is not approved by the
6-18 voters, the section of this Act amending Section 21(d), Texas Local
6-19 Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
6-20 Statutes), has no effect.