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AN ACT
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relating to participation and credit in, benefits from, and the |
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administration of the Texas Emergency Services Retirement System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 861.001, Government Code, is amended by |
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amending Subdivision (10) and adding Subdivision (11-a) to read as |
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follows: |
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(10) "Qualified service" means service: |
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(A) for a participating department that is |
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recognized as an emergency services department by its governing |
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body and that conducts at least 48 hours of training in a calendar |
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year; and |
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(B) that is performed by a member in good |
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standing in the department who: |
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(i) attends at least 20 hours of annual |
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training and at least 25 percent of the department's emergencies in |
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a calendar year; |
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(ii) attends at least 20 hours of annual |
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training and provides support services for at least 25 percent of |
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the department's emergencies in a calendar year; or |
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(iii) [or who] does not attend because the |
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member is absent because of military duty. |
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(11-a) "Support services" means services that |
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directly assist in the delivery of emergency services. The term |
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includes directing traffic at an emergency scene, dispatching |
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emergency services personnel, driving an emergency services |
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vehicle, supplying or maintaining equipment at an emergency scene, |
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providing essential recordkeeping for a participating department, |
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and other similar services as determined by a department. |
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SECTION 2. Section 862.002(b), Government Code, is amended |
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to read as follows: |
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(b) A person is not a member of the pension system if the |
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person: |
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(1) is less than 18 years of age; |
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(2) is in a probationary period of service before |
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becoming a regular member of a participating department for which |
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the department is not making contributions for the service; |
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(3) does not receive a certification of physical |
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fitness or assignment to perform support services [duties] under |
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Section 862.003; or |
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(4) is retired under this subtitle, regardless of |
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whether the person continues to participate in emergency |
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service-related functions for a department from which the person |
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retired. |
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SECTION 3. Chapter 862, Government Code, is amended by |
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adding Section 862.0025 to read as follows: |
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Sec. 862.0025. MEMBERSHIP BY SUPPORT STAFF. (a) Except as |
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provided by Subsection (b), the governing body of a participating |
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department may make an election to include all persons who provide |
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support services for the department as members of the pension |
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system on the same terms as all other volunteers of the department. |
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An election under this section takes effect on the first day of the |
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calendar month that begins after the month in which the election is |
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made and communicated to the commissioner. Once made, an election |
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under this section is irrevocable. |
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(b) If a participating department has, before September 1, |
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2009, enrolled persons who perform support services for the |
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department as members of the pension system, all persons who |
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perform those services for the department are members of the |
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system. |
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(c) After an election under this section, a participating |
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department that previously did not enroll its support staff as |
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members of the pension system may purchase service credit performed |
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before the date of the election under the terms required for prior |
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service credit for service before departmental participation. |
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SECTION 4. Section 862.003, Government Code, is amended to |
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read as follows: |
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Sec. 862.003. CERTIFICATION OF PHYSICAL FITNESS. (a) A |
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prospective member shall present to the local head of the |
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department, for delivery to the local board, a certification of |
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physical fitness by a qualified physician. The person becomes a |
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member of the pension system if the local board accepts the |
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certification or if the local board assigns the person to perform |
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support services and enrolls its support staff as members of the |
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system [duties]. |
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(b) A local board shall assign a person to perform support |
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services [duties] if the person does not present an acceptable |
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certification and the person is at least 18 years of age, is not |
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retired from the pension system, and is not serving a probationary |
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period before becoming a regular member of a participating |
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department. |
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SECTION 5. Chapter 863, Government Code, is amended by |
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adding Section 863.005 to read as follows: |
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Sec. 863.005. CHARGE FOR CERTAIN PAST DUE CONTRIBUTIONS. |
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The state board by rule may impose an interest charge on |
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contributions due because of a correction of an error by a local |
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board related to enrollment or qualified service. The charge must |
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be based on the pension system's current assumed rate of return. |
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Charges collected shall be deposited in the fund. |
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SECTION 6. Section 864.007, Government Code, is amended to |
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read as follows: |
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Sec. 864.007. MEMBER NONSERVICE DEATH BENEFIT. (a) The |
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state board by rule may provide one or more beneficiaries [the
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beneficiary] of a deceased member whose death did not result from |
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the performance of emergency service duties a benefit, which may be |
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a lump-sum amount or an annuity. |
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(b) A rule adopted under this section must include the type |
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of eligible recipient of the benefit, including any service or age |
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requirement, and the method of calculating the amount of the |
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benefit. A rule may include any other terms the board considers |
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appropriate. |
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SECTION 7. Chapter 864, Government Code, is amended by |
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adding Section 864.015 to read as follows: |
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Sec. 864.015. BENEFICIARY CAUSING DEATH OF MEMBER OR |
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ANNUITANT. (a) A benefit payable on the death of a member or |
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annuitant may not be paid to a person convicted of causing that |
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death but instead is payable as if the convicted person had |
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predeceased the decedent. |
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(b) The pension system is not required to change the |
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recipient of benefits under this section unless it receives actual |
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notice of the conviction of a beneficiary. The system may delay |
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payment of a benefit payable on the death of a member or annuitant |
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pending the results of a criminal investigation and of legal |
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proceedings relating to the cause of death. |
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(c) The pension system is not liable for any benefit paid to |
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a convicted person before the date the system receives actual |
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notice of the conviction, and any payment made before that date is a |
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complete discharge of the system's obligation with regard to that |
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benefit payment. The convicted person holds all payments received |
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in constructive trust for the rightful recipient. |
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(d) For the purposes of this section, a person has been |
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convicted of causing the death of a member or annuitant if the |
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person: |
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(1) pleads guilty or nolo contendere to, or is found |
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guilty by a court of, an offense at the trial of which it is |
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established that the person's intentional, knowing, or reckless act |
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or omission resulted in the death of a person who was a member or |
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annuitant, regardless of whether sentence is imposed or probated; |
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and |
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(2) has no appeal of the conviction pending and the |
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time provided for appeal has expired. |
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SECTION 8. Chapter 865, Government Code, is amended by |
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adding Section 865.020 to read as follows: |
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Sec. 865.020. MEDICAL BOARD. (a) The state board shall |
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designate a medical board composed of three physicians. |
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(b) To be eligible to serve as a member of the medical board, |
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a physician must be licensed to practice medicine in the state and |
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be of good standing in the medical profession. A physician who is |
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eligible to participate in the pension system may not be a member of |
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the medical board. |
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(c) The medical board shall: |
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(1) investigate essential statements and certificates |
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made by or on behalf of a member of the pension system in connection |
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with an application for disability retirement or, as requested by |
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the commissioner, with an application for an on-duty death benefit; |
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and |
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(2) report in writing to the commissioner its |
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conclusions and recommendations on all matters referred to it. |
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(d) The medical board is not subject to subpoena regarding |
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findings it makes in assisting the commissioner under this section, |
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and its members may not be held liable for any opinions, |
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conclusions, or recommendations made under this section. |
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SECTION 9. Sections 864.008 and 865.001(c), Government |
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Code, are repealed. |
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SECTION 10. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2751 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2751 on May 29, 2009, by the following vote: Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2751 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |