78R2999 RCJ-F
By: Hamric H.B. No. 1388
A BILL TO BE ENTITLED
AN ACT
relating to a firefighters' relief and retirement fund in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 6243e.2(1), Revised Statutes,
is amended by renumbering Subdivision (1) as Subdivision (1-a) and
amending Subdivisions (1) and (7) to read as follows:
(1) "Active service" means a status of current
employment as a firefighter by the fire department of a
municipality described by Section 2(a) of this article.
(1-a) "Average monthly salary" means one thirty-sixth
of the member's salary as a firefighter for the member's highest 78
biweekly pay periods during the member's participation in the fund
or, if the member has participated in the fund for less than three
years, the total salary paid to the member for the periods the
member participated in the fund divided by the number of months the
member has participated in the fund. If a member is not paid on the
basis of biweekly pay periods, "average monthly salary" is
determined on the basis of the number of pay periods under the
payroll practices of the municipality sponsoring the fund that most
closely correspond to 78 biweekly pay periods.
(7) "DROP account" means the notional account
established to reflect the credits, contributions, and earnings [or
losses] of a member who has made a DROP election in accordance with
Section 5 of this article.
SECTION 2. Section 2(b), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(b) The board of trustees of the fund shall be known as the
"(name of municipality) Firefighters' Relief and Retirement Fund
Board of Trustees" and the fund shall be known as the "(name of
municipality) Firefighters' Relief and Retirement Fund." ["Board
of Firefighters' Relief and Retirement Fund Trustees of __________,
Texas."] The board consists of 10 trustees, including:
(1) the mayor or an appointed representative of the
mayor;
(2) the treasurer of the municipality or, if there is
not a treasurer, the secretary, clerk, or other person who by law,
charter provision, or ordinance performs the duty of treasurer of
the municipality;
(3) five firefighters who are members of the fund;
(4) one person who is a retired firefighter and a
member of the fund with at least 20 years of participation; and
(5) two persons, each of whom is a registered voter of
the municipality, has been a resident of the municipality for at
least three years preceding the date of initial appointment, and is
not a municipal officer or employee.
SECTION 3. Section 3, Article 6243e.2(1), Revised Statutes,
is amended by adding Subsections (j)-(p) to read as follows:
(j) The board may pay with fund assets, and distribute to
survivors of deceased firefighters, commemorative flags and
similar memorabilia, having a value of $75 or less, to honor service
rendered by the firefighters.
(k) The board may accept gifts and donations to the fund.
The gifts and donations shall be added to the fund for the use of the
fund.
(l) The trustees, executive director, and employees of the
fund are fully protected and free of liability for any action taken
or omission made or any action or omission suffered by them in good
faith in the performance of their duties for the fund.
(m) A gathering of any number of trustees to investigate,
research, or review prospective or current investments, without
formal action by the trustees, is not a deliberation or meeting for
purposes of Chapter 551, Government Code, and is not required to be
open to the public.
(n) The board, or a committee of the board sitting in review
of medical or psychiatric records, may consider the medical or
psychiatric records of multiple individual applicants for
disability benefits within a single closed session under Section
551.078, Government Code, but any action on an application shall be
taken on an individual basis.
(o) The board may delegate all or part of its duties
concerning benefits provided under this article to a pension
benefits committee composed of five trustees appointed by the chair
of the board. All actions of the committee concerning benefits
provided under this article are final, unless otherwise provided by
the policies and procedures approved by the board. The chair of the
board may appoint a trustee as an alternate member of the committee.
(p) The board may delegate all or part of its duties under
this article concerning personnel matters, the making of fund
policies and procedures, and the conduct of other administrative
matters, to a personnel and procedures committee composed of five
trustees appointed by the chair of the board. All actions of the
committee concerning these matters are final, unless otherwise
provided by the policies and procedures approved by the board or the
committee. The chair of the board may appoint a trustee as an
alternate member of the committee.
SECTION 4. Section 4(d), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(d) The total monthly benefit payable to a retired or
disabled member, other than a deferred retiree or active member who
has elected the DROP under Section 5(b) of this article, or payable
to an eligible survivor of a deceased member as provided by Section
7(a) or 7(b) of this article, shall be increased by the following
amounts: by $100, beginning with the monthly payment made for July
1999; by $25, beginning with the monthly payment made for July,
2000; and by $25, beginning with the monthly payment made for July
2001. These additional benefits may not be increased under Section
11(c) of this article.
SECTION 5. Sections 5(a), (c), (d), (e), (g), (i), (j), (k),
and (m), Article 6243e.2(1), Revised Statutes, are amended to read
as follows:
(a) A member who is eligible to receive a service pension
under Section 4 of this article and who remains in active service
may elect to participate in the deferred retirement option plan
provided by this section. On subsequently terminating active
service, a member who elected the DROP may apply for a monthly
service pension under Section 4 of this article, except that the
effective date of the member's election to participate in the DROP
will be considered the member's retirement date for determining the
amount of the member's monthly service pension. The member may also
apply for any DROP benefit provided under this section on
terminating active service. An election to participate in the
DROP, once approved by the board, is irrevocable. A DROP
participant's monthly benefit at retirement is increased by two
percent of the amount of the member's original benefit for every
full year of participation in the DROP by the member. This increase
does not apply to benefits payable under Subsection (l) of this
section. This increase is applied to the member's benefit at
retirement and is not added to the member's DROP account. The total
increase under this subsection may not exceed 20 percent for 10
years of participation in the DROP by the member.
(c) After [Beginning in the month] a member's DROP election
becomes effective, an amount equal to the monthly service pension
the member would have received under Section 4 of this article and
Section 11(c) of this article, if applicable, had the member
terminated active service on the effective date of the member's
DROP election shall be credited to a DROP account maintained for the
member. That monthly credit to the member's DROP account shall
continue until the earlier of the date the member terminates active
service or the 10th anniversary of the effective date of the
member's DROP election.
(d) A member's DROP account shall be credited with earnings
[or losses] at an annual rate equal to the average annual return
earned by the fund over the five years preceding, but not including,
the year during which the credit is given. Notwithstanding the
preceding, however, the credit to the member's DROP account shall
be at an annual rate of not less than five percent nor greater than
ten percent, irrespective of actual earnings. Those earnings [or
losses] shall be computed and credited at a time and in a manner
determined by the board, except that earnings [or losses] shall be
credited not less frequently than once in each 13-month period and
shall take into account partial years of participation in the DROP.
If the member has not terminated active service, the member's DROP
account may not be credited with earnings [or losses] after the 10th
anniversary of the effective date of the member's DROP election.
(e) A member who terminates active service after
participating in the DROP is entitled to receive, in addition to the
member's service pension under Section 4 of this article, a benefit
equal to the balance of the member's DROP account. [Unless the
member elects to receive partial distributions in accordance with
Subsection (f) of this section, the balance of a member's DROP
account shall be paid to the member in a single lump-sum payment as
soon as is administratively practicable after the member's
termination of active service.]
(g) If a member elects partial payments, for periods after a
member terminates active service and before the member's DROP
account is completely distributed, the member's DROP account shall
be credited with earnings [or losses] of the fund as computed under
Subsection (d) of this section [and reduced by an administrative
fee of one percent of the account balance each year, determined
before adjustment for earnings or losses for the year].
(i) For purposes of computing and providing service pension
benefits under Section 4 of this article and for purposes of
computing and providing death benefits under Section 7 of this
article, the day immediately before the effective date of the DROP
participant's election is considered to be the date the member
terminates active service. A salary earned or additional years of
participation completed after the member's DROP election becomes
effective may not be considered in the computation of retirement or
death benefits, except for the limited purpose of percentage
increases provided under Subsection (a) of this section.
(j) If a DROP participant dies before complete distribution
of the member's DROP account has been made, the member's DROP
account balance shall be distributed to the member's eligible
beneficiaries, determined as follows:
(1) if the member is survived by a spouse who was the
member's spouse on the member's last day of active service and one
or more eligible children, one-half of the member's DROP account
balance shall be paid to that eligible spouse, and the remaining
one-half shall be divided equally among the member's eligible
children;
(2) if the member is survived by a spouse described by
Subdivision (1) of this subsection, but not by an eligible child,
the member's entire DROP account balance shall be paid to the
surviving spouse;
(3) if the member is survived by one or more eligible
children, but not by a spouse described by Subdivision (1) of this
subsection, the member's DROP account balance shall be divided
equally among the eligible children;
(4) if the member is not survived by a spouse described
by Subdivision (1) of this subsection or an eligible child, the
member's DROP account balance shall be divided equally among the
member's eligible parents;
(5) if the member is not survived by a spouse described
by Subdivision (1) of this subsection, an eligible child, or an
eligible parent, the member's DROP account balance shall be
distributed in accordance with the member's beneficiary
designation filed with the board or, if the member has failed to
file a valid beneficiary designation, to the member's estate;
[and]
(6) if a member's spouse described by Subdivision (1)
of this subsection was not married to the member on the date the
member's DROP election became effective, the spouse shall receive a
reduced benefit equal to the benefit otherwise payable to the
surviving spouse under this subsection, multiplied by the
percentage of the period between the member's DROP election and the
date the member left active service during which the spouse and the
member were married, and the amount by which the spouse's benefit is
reduced shall be divided among any other eligible survivors as if
the member did not have an eligible spouse, or if there are no
eligible survivors, in accordance with the member's beneficiary
designation filed with the board, or, if the member failed to file a
valid beneficiary designation, to the member's estate; and
(7) if the conditions described by Subdivision (1),
(2), or (6) of this subsection exist, the surviving spouse may elect
to maintain the DROP account with the fund in the same manner
described by Subsections (e), (f), and (g) of this section.
(k) An eligible beneficiary's share of a deceased member's
DROP account shall be distributed as soon as administratively
practicable after the member's death in the form of a single
lump-sum payment, unless the surviving spouse makes the election
permitted by Subsection (j)(7) of this section. All distributions
to beneficiaries under this subsection must be made in a manner and
at a time that comply with Section 401(a)(9) of the code.
(m) A DROP participant with a break in service may receive
service credit within DROP for days worked after the regular
expiration of the permitted DROP period. The service credit shall
be limited to the number of days in which the participant
experienced a break in service or the number of days required to
constitute 10 years of DROP participation, whichever is smaller. A
retired member who previously participated in the DROP and who
returns to active service is subject to the terms of this section in
effect at the time of the member's return to active service.
SECTION 6. Section 6, Article 6243e.2(1), Revised Statutes,
is amended by adding a new Subsection (g) and relettering existing
Subsections (g) and (h) to read as follows:
(g) The pension benefits committee shall review, on a
case-by-case basis, existing benefit payments to members, and to
survivors of deceased members, who retired as a result of a
disability with 20 or more years of service under a provision of any
predecessor statute previously governing the fund. The review will
determine whether the member's disability was an on-duty disability
that satisfies the requirements of Subsection (b) or (c) of this
section. A determination that a member's disability was an on-duty
disability, as described above, will apply only on a prospective
basis beginning with January 1 of the calendar year in which the
determination is made, and will not affect the amount of the
member's or survivor's benefits. The committee shall make its
review and determination under this subsection on the basis of the
medical evidence and any other relevant non-testimonial evidence
that was previously submitted in connection with the prior
application for benefits, except that if the committee finds that
the historical file is insufficient to make the determination,
supplemental evidence of a probative nature may be adduced and
accepted to help make the determination.
(h) A person may not receive an on-duty or off-duty
disability pension from the fund unless the person or the person's
legal representative files with the board an application for
disability benefits, in the form approved by the board, and
certificates of the member's disability signed and sworn to by the
member and the member's physician or by a physician selected by the
board. The board may require other or additional evidence of
disability before authorizing payment of disability pension
benefits.
(i) [(h)] The board shall make all determinations concerning
benefits under this section in accordance with uniform principles
consistently applied on the basis of medical or other evidence that
the board determines is necessary or desirable.
SECTION 7. Sections 7(b), (e), and (g), Article 6243e.2(1),
Revised Statutes, are amended to read as follows:
(b) If a member's eligible spouse was married to the member
for less than five years and was not married to the member at the
time the member left active service, the eligible spouse shall be
paid a reduced benefit equal to the benefit otherwise payable to the
eligible spouse under this section, multiplied by the number of
months [time] the eligible spouse was married to the member, and
divided by 60 months [five years]. Any benefit the eligible spouse
may be granted under Section 10A of this article shall be reduced in
the same proportion as the reduced benefit provided by this
subsection. The amount by which the eligible spouse's benefit is
reduced shall be divided among any other eligible survivors as if
the member did not have an eligible spouse. This subsection may not
be construed to effect any reduction to an eligible spouse of
benefits otherwise payable under Section 4(d) of this article.
(e) In addition to the monthly death benefit provided under
Subsection (a) of this section, if an active member or a member
receiving a service pension under Section 4 of this article or a
disability pension under Section 6 of this article dies on or after
July 1, 1998, the member's eligible survivors are entitled to a
one-time $5,000 death benefit, payable as a lump sum as follows:
(1) if the member is survived by an eligible spouse,
the eligible spouse is entitled to receive $5,000;
(2) if the member is not survived by an eligible
spouse, the member's eligible children are entitled to receive
$5,000, divided equally among those children;
(3) if the member is not survived by an eligible spouse
or an eligible child, the $5,000 death benefit shall be divided
equally among the eligible parents of the deceased member; or
(4) if the member is not survived by an eligible
spouse, an eligible child, or an eligible parent, the $5,000 death
benefit shall be paid to the deceased member's estate or to the
member's court-approved small estate through its legal
representative.
(g) If a member in active service dies and does not leave an
eligible survivor, or the eligible survivors unanimously elect such
a benefit in lieu of any other death benefit, a lump-sum benefit
shall be paid in an amount equal to the refund, if any, to which the
member would have been entitled under Section 8 of this article had
the member terminated service on the date of the member's death.
That lump-sum benefit shall be paid to the eligible survivors as
provided by Subsection (a) of this section or, if there are not any
eligible survivors, to the member's designated beneficiary. A
member's beneficiary must be designated before the member's death
on a form approved by the board. If more than one beneficiary is
designated, the benefit shall be divided equally among the
beneficiaries unless a different allocation is provided in the
designation. If a member fails to properly designate a
beneficiary, the benefit provided by this subsection shall be
payable to the member's estate or to the member's court-approved
small estate through its legal representative on application by the
estate or legal representative. Money payable under this
subsection may not escheat to the state.
SECTION 8. Section 11, Article 6243e.2(1), Revised
Statutes, is amended by amending Subsections (b), (d), (f), (h),
and (m) and adding Subsections (n)-(p) to read as follows:
(b) The [After a member terminates active service, the]
amounts of all benefits that the member or the member's
beneficiaries may become entitled to receive from the fund shall be
computed on the basis of the schedule of benefits in effect for the
fund at the member's election either on the day the member leaves
active service or on the day the member ceased to carry out the
member's regular duties as a firefighter [on the effective date of
the termination of the member's active service], without adjustment
for any subsequent increases of benefits unless those increases are
expressly made applicable to previously retired members or their
beneficiaries.
(d) In computing a member's years of participation, time
served in the armed forces of the nation during war or national
emergency is considered continuous service. Except for that
military service, credit for prior service shall be given only if a
member returns to active service as a firefighter before the fifth
anniversary of a previous effective date of termination.
Notwithstanding any provision of this article to the contrary,
contributions, benefits, and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the code. A member who is engaged in active duty
in any of the military services of the United States shall receive
credited pension service for the period of the military service, if
the member returns to employment with the employer municipality's
fire department with an honorable discharge within the period
required by the federal reemployment Act and the period of military
service does not exceed the period prescribed by that Act. If a
member sustains an injury while on military leave under the terms of
the federal reemployment Act, pension benefits are payable based on
the off-duty disability benefit provisions prescribed by Section
6(e) of this article. If a member dies while on military leave
under the terms of the federal reemployment Act, death benefits are
payable to eligible survivors based on the off-duty death benefits
prescribed by Section 7 of this article. This subsection is
intended to comply with the federal reemployment Act. The board may
make, maintain, and amend policies and procedures as desirable or
necessary to implement the federal reemployment Act. In this
subsection, "federal reemployment Act" means the Uniformed
Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
Section 4301 et seq.), as amended.
(f) A member, eligible survivor, or beneficiary who is
entitled to receive a benefit payment under this article is
entitled to receive the benefit beginning on the date the member
ceases to carry out the member's regular duties as a firefighter,
notwithstanding the fact that the member may remain on the payroll
of the member's fire department or receive sick leave, vacation, or
other pay after the effective date of termination of the member's
regular duties as a firefighter. In this article, an authorization
to receive a benefit "beginning on the effective date of the
member's termination of active service" includes authority for the
member to instead elect to make the member's pension effective on
the date the member ceases to carry out the member's regular duties
as a firefighter. If there is a delay in beginning payment of
benefits resulting from the requirements of Section 6(h) [6(g)] of
this article for disability pensions, the member or beneficiary
shall, when the disability pension is approved by the board, be paid
the full amount of the disability pension that has accrued since the
effective date of termination of the member's regular duties as a
firefighter.
(h) A benefit payable under this article to a minor or
another person under a legal disability may be made only to the
legal guardian of the person, or as provided by Subsection (g) of
this section [estate of the minor]. [If a benefit becomes payable
to any other person under a legal disability, payment of that
benefit may be made only to the conservator or the guardian of that
person's estate appointed by a court of competent jurisdiction.] A
payment made in accordance with this section on behalf of a minor or
other person under a legal disability fully discharges the fund's
obligation to that person.
(m) A benefit payable under this article because of the
death of a member or eligible beneficiary may not be paid to a
person convicted of causing that death but instead shall be paid as
if the convicted person predeceased the deceased member or
beneficiary. If no beneficiary is entitled to the benefit as a
result, the benefit shall be paid to the decedent's estate. Except
as otherwise permitted by this subsection with respect to
suspension of benefits, the board is not required to withhold
payment to a person convicted of causing the death of a member or
eligible beneficiary until the board receives actual notice of the
conviction of that person. The board may suspend payment of a
benefit payable on the death of a member or an eligible beneficiary
on the indictment of the person who would otherwise be entitled to
the benefit, and the suspension remains in effect until the board
determines that a final disposition of the charges relating to the
cause of death has occurred. If a benefit payment is suspended
under this subsection and the person is not convicted, the benefit
again becomes payable with interest computed at the rate earned by
the fund during the time the benefit payment was suspended. For
purposes of this subsection, a person has been convicted of causing
the death of a member or eligible beneficiary if:
(1) the person has pleaded guilty or nolo contendere
to, or the person has been found guilty by a court of competent
jurisdiction of, an offense at the trial of which it is established
that the person's intentional or knowing act or omission caused the
death of the member or eligible beneficiary, regardless of whether
sentence is imposed or probated; and
(2) an appeal of the conviction is not pending, and the
time provided for appeal has expired.
(n) If one or more persons have been given a power of
attorney effective to direct distribution of benefits to any person
eligible to receive benefits under this article and the fund
receives conflicting directions as to those distributions, the fund
may withhold benefits until either the final result of judicial
proceedings determining which directive prevails or the fund
receives a signed agreement between attorneys-in-fact, and
principals, if applicable, on distribution directives that
completely resolves the conflict. The fund may not be made a party
to any proceeding or suit concerning or involving the distribution
of benefits under conflicting directives.
(o) The fund may offset amounts received wrongly or in error
from the fund by any person receiving benefit payments under this
article by making deductions from future benefit payments otherwise
payable to the person or the person's beneficiaries. This remedy is
not exclusive of any other remedy available to the fund.
(p) A person who has a claim for a benefit under this article
and is not under a legal disability has until the second anniversary
of the date of eligibility for the benefit to apply to the fund for
the benefit. This subsection does not apply to any election made
under Subsection (f) of this section.
SECTION 9. Sections 13(c) and (d), Article 6243e.2(1),
Revised Statutes, are amended to read as follows:
(c) Each member in active service shall make contributions
to the fund in an amount equal to 8.35 [7.7] percent of the member's
salary at the time of the contribution, and as of July 1, 2004, in an
amount equal to nine percent of the member's salary at the time of
the contribution. The governing body of the municipality shall
deduct the contributions from the member's salary and shall forward
the contributions to the fund as soon as practicable.
(d) The municipality shall make monthly contributions to
the fund in an amount equal to the product of the contribution rate
certified by the board and the aggregate salaries paid to members of
the fund during the month for which the contribution is made. The
board shall certify the municipality's contribution rate for each
year or portion of a year based on the results of actuarial
valuations made at least every three years. The municipality's
contribution rate shall be composed of the normal cost plus the
level percentage of salary payment required to amortize the
unfunded actuarial liability over a constant period of 30 [40]
years [beginning on January 1, 1983,] computed on the basis of an
acceptable actuarial reserve funding method approved by the board.
Notwithstanding any other provision of this article, the
contributions by the municipality, when added to any contributions
with respect to a qualified governmental excess benefit arrangement
maintained in accordance with Section 14(c) of this article, may
not be less than twice the amount paid into the fund by
contributions of the members.
SECTION 10. Section 16(a), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(a) A person who becomes a firefighter in a municipality to
which this article applies may receive service credit for prior
employment with the fully paid fire department of another
municipality in this state with a similar fund benefiting only
firefighters of that municipality to which the firefighter
contributed if:
(1) the firefighter is under 36 years of age at the
time of applying to the fund;
(2) the firefighter passes a physical examination
[taken at the firefighter's expense and performed by a physician
selected by the board];
(3) the firefighter pays into the fund an amount equal
to the total contribution the firefighter would have made had the
firefighter been employed by the municipality, at the
municipality's pay scale, instead of the municipality by which the
firefighter was previously employed, plus six percent interest,
compounded annually;
(4) the firefighter applies for that credit not later
than the 60th day after the date on which membership begins; and
(5) the firefighter has moved directly into employment
at the fire department from the fire department for which the prior
service credit is sought, without any intervening employment or
extended interruption.
SECTION 11. Section 17, Article 6243e.2(1), Revised
Statutes, is amended by amending Subsections (a) and (b) and adding
Subsections (d) and (e) to read as follows:
(a) Information contained in records that are in the custody
of a fund established under this article concerning an individual
member, retiree, or beneficiary is not public information
[confidential] under Chapter 552, Government Code. The
information[, and] may not be disclosed in a form identifiable with
a specific individual unless:
(1) the information is disclosed to:
(A) the individual;
(B) the individual's attorney, guardian,
executor, administrator, or conservator, or other legal
representative of the individual's estate or court-approved small
estate or other person who the board determines is acting in the
interest of the individual or the individual's estate;
(C) a spouse or former spouse of the individual,
or the attorney of the spouse or former spouse, if [the board
determines that] the information concerns [is relevant to] the
spouse's or former spouse's interest in member accounts, benefits,
or other amounts payable by the fund; or
(D) a person with written authorization from the
individual to receive the information; or
(2) the information is disclosed under an
authorization of the board that specifies the reason for the
disclosure.
(b) Notwithstanding Subsection (a) of this section, the
fund may disclose [This section does not prevent the disclosure of]
the status or identity of an individual as a member, former member,
retiree, deceased member, or beneficiary of the fund, as well as the
individual's dates of service, date of death, last rank held, and
the divisions of the fire department of the municipality in which
service has been rendered.
(d) The release of information concerning members,
retirees, or beneficiaries to departments of the municipality or to
other municipal employee pension funds or systems of the
municipality, in order to implement or advance the purposes of this
article is permitted under this section. The release of that
information does not constitute any waiver of confidentiality by
the fund or any waiver as to confidentiality of the information
under the statutes and policies governing the receiving municipal
department or employee pension fund or system.
(e) The publication and provision by the fund of a retiree's
address, e-mail address, telephone number, dates of service, last
rank held, and the divisions of the fire department of the
municipality in which service was rendered, within compilations or
directories of this information concerning fund retirees, is
permitted under this section. The fund, in its sole discretion, may
provide or distribute those compilations as it deems is in the best
interest of the retirees in general. A retiree may prevent the
publication under this subsection of information relating to the
retiree by giving advance written notice to the fund.
SECTION 12. Section 18(b), Article 6243e.2(1), Revised
Statutes, is amended to read as follows:
(b) The board may maintain a proportional retirement [If the
board determines that the provisions governing a participating
retirement system are compatible with the provisions governing the
fund under this article, the board may establish the] program under
this section.
SECTION 13. Section 13(h), Article 6243e.2(1), Revised
Statutes, is repealed.
SECTION 14. This Act takes effect September 1, 2003.