1-1 By: McCall, et al. (Senate Sponsor - Zaffirini) H.B. No. 1747
1-2 (In the Senate - Received from the House March 26, 2001;
1-3 March 26, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; March 28, 2001, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; March 28, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the continuation and functions of the office of the
1-10 fire fighters' pension commissioner and the membership of the board
1-11 of trustees of the Texas statewide emergency services personnel
1-12 retirement fund.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 21(d), Texas Local Fire Fighters
1-15 Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
1-16 amended to read as follows:
1-17 (d) The fire fighters' pension commissioner serves a term of
1-18 four [two] years.
1-19 SECTION 2. Section 21, Texas Local Fire Fighters Retirement
1-20 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
1-21 amending Subsections (b), (c), and (h) and adding Subsection (k) to
1-22 read as follows:
1-23 (b) A person is not eligible for appointment as the fire
1-24 fighters' pension commissioner if the person or the person's
1-25 spouse:
1-26 (1) is employed by or participates in the management
1-27 of a business entity or other organization regulated by or
1-28 receiving money [funds] from the office of the commissioner; [or]
1-29 (2) owns or controls, directly or indirectly, more
1-30 than a 10 percent interest in a business entity or other
1-31 organization regulated by or receiving money [funds] from the
1-32 office of the commissioner; or
1-33 (3) uses or receives a substantial amount of tangible
1-34 goods, services, or money from the office of the commissioner other
1-35 than compensation or reimbursement authorized by law for the fire
1-36 fighters' pension commissioner.
1-37 (c) Appointment of the fire fighters' pension commissioner
1-38 shall be made without regard to the race, color, disability
1-39 [handicap], sex, religion, age, or national origin of the
1-40 appointee.
1-41 (h) The office of fire fighters' pension commissioner is
1-42 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
1-43 continued in existence as provided by that chapter, the office is
1-44 abolished September 1, 2011 [2001].
1-45 (k) A person may not serve as the fire fighters' pension
1-46 commissioner or act as the general counsel to the commissioner or
1-47 to the office of the fire fighters' pension commissioner if the
1-48 person is required to register as a lobbyist under Chapter 305,
1-49 Government Code, because of the person's activities for
1-50 compensation on behalf of a profession related to the operation of
1-51 the office of the fire fighters' pension commissioner.
1-52 SECTION 3. Section 21A, Texas Local Fire Fighters Retirement
1-53 Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
1-54 amending Subsections (c) and (d) and adding Subsections (h)-(k) to
1-55 read as follows:
1-56 (c) The fire fighters' pension commissioner or the
1-57 commissioner's designee shall prepare and maintain a written policy
1-58 statement that implements a program [to assure implementation of a
1-59 program] of equal employment opportunity to ensure that [under
1-60 which] all personnel decisions [transactions] are made without
1-61 regard to race, color, disability [handicap], sex, religion, age,
1-62 or national origin. The policy statement must include:
1-63 (1) personnel policies, including policies relating to
1-64 recruitment, evaluation, selection, [appointment,] training, and
2-1 promotion of personnel, that show the intent of the office of the
2-2 fire fighters' pension commissioner to avoid the unlawful
2-3 employment practices described by Chapter 21, Labor Code; and
2-4 (2) an analysis of the extent to which the composition
2-5 of the office's personnel is in accordance with state and federal
2-6 law and a description of reasonable methods to achieve compliance
2-7 with state and federal law [a comprehensive analysis of the
2-8 commissioner's work force that meets federal and state guidelines;]
2-9 [(3) procedures by which a determination can be made
2-10 of significant underutilization in the commissioner's work force of
2-11 all persons for whom federal or state guidelines encourage a more
2-12 equitable balance; and]
2-13 [(4) reasonable methods to appropriately address those
2-14 areas of significant underutilization].
2-15 (d) A policy statement prepared under Subsection (c) of this
2-16 section must:
2-17 (1) [cover an annual period,] be updated [at least]
2-18 annually;
2-19 (2) be reviewed by the state Commission on Human
2-20 Rights for compliance with Subsection (c)(1) of this section;[,]
2-21 and
2-22 (3) be filed with the governor's office.
2-23 (h) The office of the fire fighters' pension commissioner
2-24 shall maintain a file on each written complaint filed with the
2-25 office. The file must include:
2-26 (1) the name of the person who filed the complaint;
2-27 (2) the date the complaint is received by the office;
2-28 (3) the subject matter of the complaint;
2-29 (4) the name of each person contacted in relation to
2-30 the complaint;
2-31 (5) a summary of the results of the review or
2-32 investigation of the complaint; and
2-33 (6) an explanation of the reason the file was closed,
2-34 if the office closed the file without taking action other than to
2-35 investigate the complaint.
2-36 (i) The office of the fire fighters' pension commissioner
2-37 shall provide to the person filing the complaint and to each person
2-38 who is a subject of the complaint a copy of the office's policies
2-39 and procedures relating to complaint investigation and resolution.
2-40 (j) The office of the fire fighters' pension commissioner,
2-41 at least quarterly until final disposition of the complaint, shall
2-42 notify the person filing the complaint and each person who is a
2-43 subject of the complaint of the status of the investigation unless
2-44 the notice would jeopardize an undercover investigation.
2-45 (k) The fire fighters' pension commissioner or the
2-46 commissioner's designee shall provide to employees of the office of
2-47 fire fighters' pension commissioner information and training on the
2-48 benefits and methods of participation in the state employee
2-49 incentive program.
2-50 SECTION 4. Sections 20(a), (c), and (e), Texas Statewide
2-51 Emergency Services Retirement Act (Article 6243e.3, Vernon's Texas
2-52 Civil Statutes), are amended to read as follows:
2-53 (a) There is a state board of trustees composed of nine
2-54 active members. Six trustees must be members of the fund, one of
2-55 whom must represent emergency medical services personnel. Three
2-56 [and three] trustees must be persons who have experience in the
2-57 fields of finance, securities investment, or pension
2-58 administration.
2-59 (c) A person is not eligible for appointment as a member of
2-60 the state board of trustees if the person or the person's spouse is
2-61 employed by or participates in the management of a business entity
2-62 or other organization regulated by or receiving funds from the
2-63 board or the fund.
2-64 (e) Appointments to the state board of trustees shall be
2-65 made without regard to the race, color, disability [handicap], sex,
2-66 religion, age, or national origin of the appointees.
2-67 SECTION 5. The changes in law made by this Act in the
2-68 qualifications of, and the prohibitions applying to, the fire
2-69 fighters' pension commissioner or the members of the board of
3-1 trustees of the Texas statewide emergency services personnel
3-2 retirement fund do not affect the entitlement of a person serving
3-3 as the commissioner or as a member of the board immediately before
3-4 September 1, 2001, to continue to carry out the functions of the
3-5 person's office for the remainder of the person's term. The
3-6 changes in law apply only to a person appointed on or after
3-7 September 1, 2001. This Act does not prohibit a person who is the
3-8 commissioner or a member of the board on September 1, 2001, from
3-9 being reappointed as commissioner or as a board member if the
3-10 person has the qualifications required for the position under the
3-11 Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's
3-12 Texas Civil Statutes), as amended by this Act, or the Texas
3-13 Statewide Emergency Services Retirement Act (Article 6243e.3,
3-14 Vernon's Texas Civil Statutes), as amended by this Act.
3-15 SECTION 6. (a) Except as provided by Subsection (b), this
3-16 Act takes effect September 1, 2001.
3-17 (b) Section 21(d), Texas Local Fire Fighters Retirement Act
3-18 (Article 6243e, Vernon's Texas Civil Statutes), as amended by this
3-19 Act, takes effect on the effective date of the constitutional
3-20 amendment providing for a four-year term of office for the fire
3-21 fighters' pension commissioner, as proposed by the 77th
3-22 Legislature, Regular Session, 2001, but only if that amendment is
3-23 approved by the voters. If that amendment is not approved by the
3-24 voters, the section of this Act amending Section 21(d), Texas Local
3-25 Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
3-26 Statutes), has no effect.
3-27 * * * * *