1-1     By:  Tillery (Senate Sponsor - Armbrister)            H.B. No. 2122
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the administration of a statewide retirement system for
 1-9     volunteer firefighters and other emergency services personnel.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Sections 14(c) and (d), Texas Statewide Emergency
1-12     Services Retirement Act (Article  6243e.3, Vernon's Texas Civil
1-13     Statutes), are amended to read as follows:
1-14           (c)  The state board of trustees shall employ a professional
1-15     investment manager [counselor], a legal reserve life insurance
1-16     company licensed to do business in the State of Texas, or a bank
1-17     with trust powers under the laws of the State of Texas.  The
1-18     investment manager [counselor] or bank employed by the board must
1-19     be a nationally known organization whose business includes managing
1-20     investments [investment counseling] for public pension and
1-21     retirement funds.  A life insurance company employed by the board
1-22     must provide a group annuity contract that guarantees expenses and
1-23     provides a formula for determining the amount of funds available
1-24     for transfer at the end of a contract period.  The contract may not
1-25     include requirements that guaranteed life annuities be purchased.
1-26           (d)  The cost of the investment management services
1-27     [counseling service] may be paid from income earned by investments.
1-28           SECTION 2. Section 19, Texas Statewide Emergency Services
1-29     Retirement Act  (Article  6243e.3, Vernon's Texas Civil Statutes),
1-30     is amended to read as follows:
1-31           Sec. 19.  COMMISSIONER'S DUTIES. (a)  The commissioner may
1-32     not administer any pension plan other than the pension system
1-33     created by this Act and the system created by Chapter 125, Acts of
1-34     the 45th Legislature, Regular Session, 1937, as amended (Article
1-35     6243e, Vernon's Texas Civil Statutes).
1-36           (b) [(c)]  The commissioner and the state board of trustees
1-37     shall assemble and disseminate the information necessary for the
1-38     disclosure requirements concerning the pension system as outlined
1-39     in Section 16 of this Act.
1-40           (c) [(d)]  The commissioner is responsible for recovering any
1-41     fraudulently acquired benefits.  If it appears that fraud has
1-42     occurred, the commissioner shall notify the local board and the
1-43     claimant and hold a hearing.  If after the hearing the commissioner
1-44     decides that benefits have been or are being fraudulently acquired,
1-45     he shall seek action in a court of appropriate jurisdiction.
1-46           (d) [(e)]  The commissioner shall collect the revenues for
1-47     the fund from the local boards of trustees or the governing bodies.
1-48           (e) [(f)]  The commissioner may request and administer
1-49     additional state funds in an emergency.
1-50           (f) [(g)]  The commissioner shall require annual reports from
1-51     the local boards of trustees.
1-52           (g) [(h)]  The commissioner may at any reasonable time
1-53     examine the records and accounts of local boards of trustees.
1-54           (h) [(i)]  The commissioner may recommend to the state board
1-55     of trustees rules to implement this Act.
1-56           (i) [(j)]  The commissioner shall keep a copy of all rules
1-57     promulgated under this Act on file in the commissioner's office. A
1-58     copy of the rules shall be placed with each local board of trustees
1-59     and shall be made available for public inspection at any reasonable
1-60     time.
1-61           (j) [(k)]  The commissioner shall prepare the necessary forms
1-62     for use by local boards of trustees.
1-63           (k) [(l)]  The commissioner shall prepare an annual report on
1-64     the activity and status of the fund.  The report shall go to the
 2-1     governor, the lieutenant governor, and the speaker of the house.
 2-2           (l) [(m)]  The commissioner shall oversee the distribution of
 2-3     all benefits.  The commissioner shall make benefit payments to
 2-4     claimants after receiving a copy of a local board of trustees'
 2-5     decision in favor of a claim and reviewing that decision.
 2-6           (m) [(n)]  If the commissioner overrules a local board's
 2-7     decision, he shall immediately notify the local board and the
 2-8     claimant.
 2-9           (n) [(o)]  After a hearing conducted by the State Office of
2-10     Administrative Hearings, the commissioner shall determine each
2-11     appeal from a local board of trustees decision and issue a written
2-12     opinion in compliance with the procedures required by this Act.
2-13           (o) [(p)]  The commissioner shall keep a written transcript
2-14     of all proceedings and hearings required by this Act.
2-15           SECTION 3. Section 20(a), Texas Statewide Emergency Services
2-16     Retirement Act (Article  6243e.3, Vernon's Texas Civil Statutes),
2-17     is amended to read as follows:
2-18           (a)  There is a state board of trustees composed of nine
2-19     persons [active members]. Six trustees must be active members of
2-20     the fund, and three trustees must be persons who have experience in
2-21     the fields of finance, securities investment, or pension
2-22     administration.
2-23           SECTION 4. Section 21(c), Texas Statewide Emergency Services
2-24     Retirement Act (Article  6243e.3, Vernon's Texas Civil Statutes),
2-25     is amended to read as follows:
2-26           (c)  After a hearing conducted by the State Office of
2-27     Administrative Hearings on the appeal of a decision of a local
2-28     board of trustees, the board shall determine each appeal from a
2-29     commissioner's decision based on the hearing record.
2-30           SECTION 5. Section 22(a), Texas Statewide Emergency Services
2-31     Retirement Act (Article  6243e.3, Vernon's Texas Civil Statutes),
2-32     is amended to read as follows:
2-33           (a)  The local board of trustees is composed of the
2-34     following:
2-35                 (1)  one representative selected by the governing body;
2-36                 (2)  five active members representing a participating
2-37     department chosen by a majority of the emergency services personnel
2-38     in the department who are eligible to participate in the pension
2-39     system; and
2-40                 (3)  two residents of a participating political
2-41     subdivision who are chosen by the other members of the board.
2-42           SECTION 6.  (a)  Sections 20(a) and 22(a), Texas Statewide
2-43     Emergency Services Retirement Act (Article 6243e.3, Vernon's Texas
2-44     Civil Statutes), as amended by this Act, apply only to the
2-45     selection of a trustee of a board of trustees under the Texas
2-46     Statewide Emergency Services Retirement Act that occurs on or after
2-47     the effective date of this Act.
2-48           (b)  A person who is serving as a trustee immediately before
2-49     the effective date of this Act may complete the trustee's term of
2-50     office, and the trustee's qualifications for serving as a trustee
2-51     are governed by the law in effect immediately before the effective
2-52     date of this Act until the date that trustee's term expires.
2-53           SECTION 7.  This Act takes effect September 1, 2001.
2-54                                  * * * * *