By Mowery H.B. No. 3035
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring voter approval on certain matters related to
1-3 certain municipal retirement systems.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. APPLICABILITY. This Act applies to a municipality
1-6 that by an ordinance has established a municipal retirement system
1-7 that has civil service employees and non-civil service employees
1-8 and that has 500 or more active and retired firefighters and police
1-9 officers other than:
1-10 (1) a system organized under the Texas Local Fire
1-11 Fighters Retirement Act (Article 624e, Vernon's Texas Civil
1-12 Statutes);
1-13 (2) the Texas Municipal Retirement System; or
1-14 (3) any retirement system established under any other
1-15 law exclusively for firefighters or police officers or for both
1-16 firefighters and police officers.
1-17 SECTION 2. ELECTION PROCEDURES. (a) Before the governing
1-18 body of a municipality adopts an ordinance to modify an existing
1-19 municipal retirement system that covers all employees, including
1-20 public safety employees by creating a separate retirement system
1-21 for firefighters or police officers, or for both firefighters and
1-22 police officers, or adopts an ordinance to modify or change the
1-23 board composition of the employee retirement board that exists on
2-1 October 1, 2001, the governing body must comply with this section.
2-2 (b) The governing body shall call an election to vote on
2-3 creating a separate retirement system or modifying the composition
2-4 of the employee retirement board if:
2-5 (1) a majority of the members of the governing body
2-6 vote to call an election; or
2-7 (2) the qualified voters of the municipality submit a
2-8 petition requesting an election.
2-9 (c) A petition under Subsection (b)(2) must:
2-10 (1) be in the form prescribed by the governing body;
2-11 (2) be signed by a number of qualified voters of the
2-12 municipality equal to at least five percent of the votes cast in
2-13 the municipality for governor at the most recent general election
2-14 at which the office governor was filled; and
2-15 (3) comply with Chapter 277, Election Code.
2-16 (d) Not later than the 40th working day after the date a
2-17 petition under Subsection (b)(2) is presented to the governing
2-18 body, the municipal secretary shall certify to the governing body
2-19 that the petition meets the requirements of Subsection (c).
2-20 (e) The ballot for an election called under this section
2-21 shall be printed to permit voting for or against the following
2-22 propositions, as applicable:
2-23 (1) "Authorizing the (name of the governing body of
2-24 the municipality) to adopt an ordinance to modify or change the
2-25 existing employee retirement system to create a separate retirement
2-26 system for firefighters or police officers, or for both
3-1 firefighters and police officers, and to fund the separate
3-2 retirement system created."
3-3 (2) "Authorizing the (name of the governing body of
3-4 the municipality) to adopt an ordinance to modify or change the
3-5 composition of the employee retirement board."
3-6 (f) An election authorized by this section shall be held,
3-7 and the returns prepared and canvassed, in conformity with the
3-8 Election Code.
3-9 (g) If a majority of the qualified voters casting ballots in
3-10 an election under this section authorize the governing body to
3-11 create separate retirement funds, the governing body shall provide
3-12 for an equitable division of assets of the existing retirement
3-13 system so that all retirement systems governed by the municipality
3-14 are financially sound.
3-15 SECTION 3. EFFECTIVE DATE. This Act takes effect immediately
3-16 if it receives a vote of two-thirds of all the members elected to
3-17 each house, as provided by Section 39, Article III, Texas
3-18 Constitution. If this Act does not receive the vote necessary for
3-19 immediate effect, this Act takes effect September 1, 2001.