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ANALYSIS
Abolishes
the Office and requires the Pension Review Board to provide assistance to
TLFFRA pension plans.
C.S.H.B. 3148 abolishes the
Office and its functions related to local pension plans under TLFFRA,
including the authority to collect reports, the Commissioner’s role in
appeals, and the authority to conduct seminars or workshops. The bill
repeals sections of the Texas Local Fire Fighters’ Retirement Act related to
the Commissioner’s responsibilities under that Act and makes various other
technical and conforming changes in TLFFRA and to other laws to remove
references to the Commissioner. The bill also deletes references to the
Commissioner in TLFFRA relating to filing notice with the Secretary of State
about an Internal Revenue Service determination on certain pick up
contributions for employees.
C.S.H.B. 3148 also requires the
State Pension Review Board (PRB) to provide technical assistance, training
and information to members of the boards of trustees of TLFFRA plans. The
training must be designed to meet the specific needs of those board members,
including members of small-to-medium-sized plans. The bill requires the
Board, to the extent possible, to designate one person to specialize in
providing the required assistance, training, and information to these TLFFRA
plans. The bill also deletes a requirement for TLFFRA boards to submit their
investment policies to the Commissioner and instead amends statute to require
TLFFRA plans to submit these policies to PRB.
C.S.H.B. 3148 also specifies
that a tuition exemption for students enrolled in a fire science curriculum
applies to a student who is an active member of a volunteer fire department
under either TESRS or TLFFRA and holds other specified certifications,
instead of the current requirement to be an active member of a volunteer
department as defined by the Commissioner who also holds the other specified
certifications. The bill also contains a nonsubstantive redesignation of two
versions of sections in the Education Code made necessary to make conforming
changes in law to eliminate references to the Commissioner.
C.S.H.B. 3148 provides for the
abolishment of the Office on September 1, 2013 and provides for the transfer
of powers, duties, and obligations; property and records; rules;
appropriations; and hearing appeals with regard to TESRS and TLFFRA. The bill
also provides for the Governor to appoint a person to complete these
transfers if they are not completed by September 2013, and provides for the
Attorney General to continue any proceeding involving the Office that is
pending on the bill’s effective date.
Provides
for TESRS to appoint an executive director, allows a retiree to serve on the
TESRS board, and makes TESRS subject to Sunset review.
C.S.H.B. 3148 eliminates the Commissioner’s
role in administering TESRS and deciding appeals of benefit decisions, and
requires the TESRS board to appoint an executive director to administer that
system by September 1, 2013. The bill replaces references to the
“commissioner” in TESRS statute with “executive director,” and in some
instances with “state board,” according to the responsibility referenced. The
bill specifies that at least five instead of the current requirement for six
trustees to be active members of TESRS, and that one trustee may be a retiree
of the system. The bill makes the TESRS Board subject to Sunset review but
not abolishment in 2025 and every 12 years thereafter.
Removes
the Commissioner’s authority to hear TLFFRA and TESRS appeals on benefit
decisions.
C.S.H.B. 3148 amends statute to
remove the Commissioner’s authority to hear appeals of local board decisions
under TLFFRA and provides for the State Office of Administrative Hearings
(SOAH) to decide the cases instead. The bill amends statute to require TLFFRA
participants to file a notice of appeal, and TLFFRA boards to refer appeals,
directly with SOAH.
C.S.H.B. 3148 amends statute to
remove the Commissioner from the appeals process for benefit decisions under
TESRS, and instead makes the TESRS Board the decision maker in these
appeals. The bill provides for final appeals decisions to be subject to
judicial review under the substantial evidence standard.
Requires
the TESRS Board to adopt a contracting policy.
C.S.H.B. 3148 requires the
TESRS Board to adopt a written policy on contract management and oversight
and provides minimum requirements for the policy.
Requires
the TESRS Board to report additional information if significant changes to
the fund’s actuarial valuation occur.
C.S.H.B. 3148 requires the TESRS
Board to report to the State leadership, Legislative Budget Board, and
Pension Review Board if the TESRS fund experiences significant changes to its
actuarial valuation or contributions or benefits, or if its actuarial
valuation is incorrect. The report must cover the effect of alternative
contribution and benefit structures on the actuarial valuation, including
changes in the State’s contribution. The bill specifies that the State Board
must determine the meaning of “significant change,” and includes
circumstances to be considered in this determination.
Requires
the TESRS Board to report more clearly in the fund’s actuarial valuation on
the effect of state contributions to the fund.
C.S.H.B. 3148 provides that the
TESRS actuarial valuation must include a clearly shown analysis on the impact
of assuming both a maximum state contribution and no state contribution to
the fund, including the impact on the period needed to amortize the unfunded
liability.
Requires
the TESRS Board to conduct certain actuarial audits on a regular basis.
C.S.H.B. 3148 requires the
TESRS Board to conduct actuarial audits and experience studies at least every
5 years, but does not require them to be conducted concurrently.
Applies
several Sunset across-the-board recommendations.
C.S.H.B. 3148 adds standard
Sunset language prohibiting a person from serving as a TESRS Board member or
high-level agency employee if the person, or the person’s spouse, is an
officer, employee, or paid consultant of a Texas trade association in the field
of emergency services, firefighting, or public retirement systems. The bill
also prohibits a person from serving as a trustee or general counsel to the
State Board if the person is registered as a lobbyist. The bill provides
that these changes do not apply to members of the Board serving on the Board
immediately before September 1, 2013, and allows them to serve out the
remainder of their terms.
C.S.H.B. 3148 also adds
standard Sunset language requiring members of the TESRS Board to complete specified
training before assuming their duties; requiring the TESRS Board to separate
its policymaking duties from the system’s management functions; requiring the
TESRS Board to give the public a reasonable opportunity to present issues
under the Board’s jurisdiction; and requiring the TESRS Board to maintain
information on all complaints, make information available on complaint
procedures, and notify the parties about the status of complaints.
C.S.H.B. 3148 repeals
the following statutory provisions:
·
Sections 802.103(c) and 861.001(3), Government Code
·
Sections 54.208 and 54.2081, Education Code
·
Section 18(g), Texas Local Fire Fighters Retirement Act
(Article 6243e, Vernon's Texas Civil Statutes)
·
Section 18A, Texas Local Fire Fighters Retirement Act (Article 6243e,
Vernon's Texas Civil Statutes)
·
Section 21, Texas Local Fire Fighters Retirement Act (Article
6243e, Vernon's Texas Civil Statutes)
·
Section 21A, Texas Local Fire Fighters Retirement Act (Article
6243e, Vernon's Texas Civil Statutes)
·
Section 31(c), Texas Local Fire Fighters Retirement Act
(Article 6243e, Vernon's Texas Civil Statutes)
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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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ARTICLE 1. AMENDMENTS TO
SUBTITLE H, TITLE 8, GOVERNMENT CODE
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Same as introduced version.
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SECTION 1.01. Section
861.001, Government Code, is amended.
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SECTION 1.01. Same as
introduced version.
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SECTION 1.02. Section
861.008, Government Code, is amended.
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SECTION 1.02. Same as
introduced version.
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SECTION 1.03. Section
862.001(a), Government Code, is amended.
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SECTION 1.03. Same as
introduced version.
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SECTION 1.04. Section
862.0025(a), Government Code, is amended.
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SECTION 1.04. Same as
introduced version.
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SECTION 1.05. Sections
864.005(a), (d), and (f), Government Code, are amended.
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SECTION 1.05. Same as
introduced version.
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SECTION 1.06. Section
864.010(a), Government Code, is amended.
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SECTION 1.06. Same as
introduced version.
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SECTION 1.07. Sections
864.016(a), (b), (c), (e), (f), and (g), Government Code, are amended.
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SECTION 1.07. Same as
introduced version.
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No
equivalent provision.
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SECTION 1.08. Section
865.001, Government Code, is amended by amending Subsection (b) and adding
Subsection (c) to read as follows:
(b) At least five [Six]
trustees must be active members of the pension system, one of whom must
represent emergency medical services personnel.
(c) One trustee may be a
retiree of the pension system.
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SECTION 1.08. Chapter 865,
Government Code, is amended.
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SECTION 1.09. Same as
introduced version.
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SECTION 1.09. Section
865.002, Government Code, is amended.
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SECTION 1.10. Same as
introduced version.
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SECTION 1.10. Chapter 865,
Government Code, is amended.
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SECTION 1.11. Same as
introduced version.
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SECTION 1.11. Section
865.005(c), Government Code, is amended.
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SECTION 1.12. Same as
introduced version.
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SECTION 1.12. Section
865.006, Government Code, is amended.
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SECTION 1.13. Same as
introduced version.
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SECTION 1.13. Chapter 865,
Government Code, is amended.
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SECTION 1.14. Same as
introduced version.
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SECTION 1.14. Section
865.007(c), Government Code, is amended.
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SECTION 1.15. Same as
introduced version.
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SECTION 1.15. Chapter 865,
Government Code, is amended.
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SECTION 1.16. Same as
introduced version.
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SECTION 1.16. Sections
865.010, 865.011, and 865.013, Government Code, are amended.
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SECTION 1.17. Same as
introduced version.
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SECTION 1.17. Section
865.014(c), Government Code, is amended.
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SECTION 1.18. Same as
introduced version.
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SECTION 1.18. Section
865.017(a), Government Code, is amended.
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SECTION 1.19. Same as
introduced version.
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SECTION 1.19. Section
865.018, Government Code, is amended.
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SECTION 1.20. Same as
introduced version.
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SECTION 1.20. Sections
865.019(a) and (c), Government Code, are amended.
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SECTION 1.21. Same as
introduced version.
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SECTION 1.21. Sections
865.020(c) and (d), Government Code, are amended.
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SECTION 1.22. Same as
introduced version.
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SECTION 1.22. Chapter 865,
Government Code, is amended.
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SECTION 1.23. Same as
introduced version.
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ARTICLE 2. AMENDMENTS TO
CIVIL STATUTES
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Same as introduced version.
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No
equivalent provision.
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SECTION 2.01. The Texas
Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes) is amended by adding Section 18B to read as follows:
Sec. 18B. TECHNICAL
ASSISTANCE, TRAINING, AND INFORMATION FOR BOARDS OF TRUSTEES. (a) The
State Pension Review Board shall provide technical assistance, training,
and information to members of the boards of trustees established under this
Act. The training required by this section must be designed to meet the
specific needs of members of boards of trustees administering benefit plans
for local fire fighters, including small-to-medium-sized benefit plans.
(b) To the extent
resources are available, the board shall designate one person who
specializes in providing the technical assistance, training, and
information required under Subsection (a).
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SECTION 2.01. Sections 22
and 22A, Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's
Texas Civil Statutes), are amended.
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SECTION 2.02. Same as
introduced version.
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SECTION 2.02. Section 27(d),
Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
Civil Statutes), is amended.
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SECTION 2.03. Same as introduced
version.
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No
equivalent provision.
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SECTION 2.04. Section 28(h),
Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
Civil Statutes), is amended to read as follows:
(h) A retirement system
established under this Act is exempt from Subchapter C, Chapter 802,
Government Code, except Sections 802.202, 802.205, and
802.207.
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SECTION 2.03. Sections 30(b)
and (c), Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's
Texas Civil Statutes), are amended.
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SECTION 2.05. Same as
introduced version.
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ARTICLE 3. CONFORMING
CHANGES TO OTHER LAW
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Same as introduced version.
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SECTION 3.01. (a) Sections
54.353 and 54.3531, Education Code, which were added by Section 17, Chapter
359 (S.B. 32), Acts of the 82nd Legislature, Regular Session, 2011, as a
nonsubstantive redesignation of the two versions of Section 54.208,
Education Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B.
2347), Acts of the 81st Legislature, Regular Session, 2009, are reenacted
to conform to the reenactment of Section 54.208, Education Code, and the
addition of Section 54.2081, Education Code, by Chapter 959 (H.B. 1163),
Acts of the 82nd Legislature, Regular Session, 2011, and Section 54.353,
Education Code, is amended to read as follows:
Sec. 54.353. FIREFIGHTERS
ENROLLED IN FIRE SCIENCE COURSES. (a) The governing board of an
institution of higher education shall exempt from the payment of tuition
and laboratory fees any student enrolled in one or more courses offered as
part of a fire science curriculum who:
(1) is employed as a
firefighter by a political subdivision of this state; or
(2) is currently, and has
been for at least one year, an active member of an organized volunteer fire
department participating in the Texas Emergency Services Retirement
System or a retirement system established under the Texas Local Fire
Fighters Retirement Act or [in
this state, as defined by the fire fighters' pension commissioner,] who
holds:
(A) an Accredited Advanced
level of certification, or an equivalent successor certification, under the
State Firemen's and Fire Marshals' Association of Texas volunteer
certification program; or
(B) Phase V (Firefighter II)
certification, or an equivalent successor certification, under the Texas
Commission on Fire Protection's voluntary certification program under
Section 419.071, Government Code.
(b) An exemption provided
under this section does not apply to deposits that may be required in the
nature of security for the return or proper care of property loaned for the
use of students.
(c) Notwithstanding
Subsection (a), a student who for a semester or term at an institution of
higher education receives an exemption under this section may continue to
receive the exemption for a subsequent semester or term at any institution
only if the student makes satisfactory academic progress toward a degree or
certificate at that institution as determined by the institution for
purposes of financial aid.
(d) Notwithstanding
Subsection (a), the exemption provided under this section does not apply to
any amount of additional tuition the institution elects to charge a
resident undergraduate student under Section 54.014(a) or (f).
(e) Notwithstanding
Subsection (a), the exemption provided under this section does not apply to
any amount of tuition the institution charges a graduate student in excess
of the amount of tuition charged to similarly situated graduate students
because the student has a number of semester credit hours of doctoral work
in excess of the applicable number provided by Section 61.059(l)(1) or (2).
(f) The Texas Higher
Education Coordinating Board shall adopt:
(1) rules governing the
granting or denial of an exemption under this section, including rules
relating to the determination of a student's eligibility for an exemption;
and
(2) a uniform listing of
degree programs covered by the exemption under this section.
Sec. 54.3531. PEACE OFFICERS
ENROLLED IN CERTAIN COURSES. (a) The governing board of an institution of
higher education shall exempt from the payment of tuition and laboratory
fees charged by the institution for a criminal justice or law enforcement
course or courses an undergraduate student who:
(1) is employed as a peace
officer by this state or by a political subdivision of this state;
(2) is enrolled in a
criminal justice or law enforcement-related degree program at the
institution;
(3) is making satisfactory
academic progress toward the student's degree as determined by the
institution; and
(4) applies for the
exemption at least one week before the last date of the institution's
regular registration period for the applicable semester or other term.
(b) Notwithstanding
Subsection (a), a student may not receive an exemption under this section
for any course if the student has previously attempted a number of semester
credit hours for courses taken at any institution of higher education while
classified as a resident student for tuition purposes in excess of the
maximum number of those hours specified by Section 61.0595(a) as eligible
for funding under the formulas established under Section 61.059.
(c) Notwithstanding
Subsection (a), the governing board of an institution of higher education
may not provide exemptions under this section to students enrolled in a
specific class in a number that exceeds 20 percent of the maximum student
enrollment designated by the institution for that class.
(d) An exemption provided
under this section does not apply to deposits that may be required in the
nature of security for the return or proper care of property loaned for the
use of students.
(e) The Texas Higher
Education Coordinating Board shall adopt:
(1) rules governing the
granting or denial of an exemption under this section, including rules
relating to the determination of a student's eligibility for an exemption;
and
(2) a uniform listing of
degree programs covered by the exemption under this section.
(f) If the legislature does
not specifically appropriate funds to an institution of higher education in
an amount sufficient to pay the institution's costs in complying with this
section for a semester, the governing board of the institution of higher
education shall report to the Senate Finance Committee and the House
Appropriations Committee the cost to the institution of complying with this
section for that semester.
(b) Sections 54.208 and
54.2081, Education Code, are repealed.
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SECTION 3.01. (a) Sections
54.353 and 54.3531, Education Code, which were added by Section 17, Chapter
359 (S.B. 32), Acts of the 82nd Legislature, Regular Session, 2011, as a
nonsubstantive redesignation of the two versions of Section 54.208,
Education Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B.
2347), Acts of the 81st Legislature, Regular Session, 2009, are reenacted
to conform to the reenactment of Section 54.208, Education Code, and the
addition of Section 54.2081, Education Code, by Chapter 959 (H.B. 1163),
Acts of the 82nd Legislature, Regular Session, 2011, and Section 54.353,
Education Code, is amended to read as follows:
Sec. 54.353. FIREFIGHTERS
ENROLLED IN FIRE SCIENCE COURSES. (a) The governing board of an
institution of higher education shall exempt from the payment of tuition
and laboratory fees any student enrolled in one or more courses offered as
part of a fire science curriculum who:
(1) is employed as a
firefighter by a political subdivision of this state; or
(2) is currently, and has
been for at least one year, an active member of an organized volunteer fire
department participating in the Texas Emergency Services Retirement
System or a retirement system established under the Texas Local Fire
Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes) and [in this state, as defined by the
fire fighters' pension commissioner,] who holds:
(A) an Accredited Advanced
level of certification, or an equivalent successor certification, under the
State Firemen's and Fire Marshals' Association of Texas volunteer
certification program; or
(B) Phase V (Firefighter II)
certification, or an equivalent successor certification, under the Texas
Commission on Fire Protection's voluntary certification program under
Section 419.071, Government Code.
(b) An exemption provided
under this section does not apply to deposits that may be required in the
nature of security for the return or proper care of property loaned for the
use of students.
(c) Notwithstanding
Subsection (a), a student who for a semester or term at an institution of
higher education receives an exemption under this section may continue to
receive the exemption for a subsequent semester or term at any institution
only if the student makes satisfactory academic progress toward a degree or
certificate at that institution as determined by the institution for
purposes of financial aid.
(d) Notwithstanding
Subsection (a), the exemption provided under this section does not apply to
any amount of additional tuition the institution elects to charge a
resident undergraduate student under Section 54.014(a) or (f).
(e) Notwithstanding
Subsection (a), the exemption provided under this section does not apply to
any amount of tuition the institution charges a graduate student in excess
of the amount of tuition charged to similarly situated graduate students
because the student has a number of semester credit hours of doctoral work
in excess of the applicable number provided by Section 61.059(l)(1) or (2).
(f) The Texas Higher
Education Coordinating Board shall adopt:
(1) rules governing the
granting or denial of an exemption under this section, including rules
relating to the determination of a student's eligibility for an exemption;
and
(2) a uniform listing of
degree programs covered by the exemption under this section.
Sec. 54.3531. PEACE OFFICERS
ENROLLED IN CERTAIN COURSES. (a) The governing board of an institution of
higher education shall exempt from the payment of tuition and laboratory
fees charged by the institution for a criminal justice or law enforcement
course or courses an undergraduate student who:
(1) is employed as a peace
officer by this state or by a political subdivision of this state;
(2) is enrolled in a
criminal justice or law enforcement-related degree program at the
institution;
(3) is making satisfactory
academic progress toward the student's degree as determined by the
institution; and
(4) applies for the exemption
at least one week before the last date of the institution's regular
registration period for the applicable semester or other term.
(b) Notwithstanding
Subsection (a), a student may not receive an exemption under this section
for any course if the student has previously attempted a number of semester
credit hours for courses taken at any institution of higher education while
classified as a resident student for tuition purposes in excess of the
maximum number of those hours specified by Section 61.0595(a) as eligible
for funding under the formulas established under Section 61.059.
(c) Notwithstanding
Subsection (a), the governing board of an institution of higher education
may not provide exemptions under this section to students enrolled in a
specific class in a number that exceeds 20 percent of the maximum student
enrollment designated by the institution for that class.
(d) An exemption provided
under this section does not apply to deposits that may be required in the
nature of security for the return or proper care of property loaned for the
use of students.
(e) The Texas Higher
Education Coordinating Board shall adopt:
(1) rules governing the
granting or denial of an exemption under this section, including rules
relating to the determination of a student's eligibility for an exemption;
and
(2) a uniform listing of
degree programs covered by the exemption under this section.
(f) If the legislature does
not specifically appropriate funds to an institution of higher education in
an amount sufficient to pay the institution's costs in complying with this
section for a semester, the governing board of the institution of higher
education shall report to the Senate Finance Committee and the House
Appropriations Committee the cost to the institution of complying with this
section for that semester.
(b) Sections 54.208 and
54.2081, Education Code, are repealed.
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SECTION 3.02. Section
572.003(b), Government Code, is amended.
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SECTION 3.02. Same as
introduced version.
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SECTION 3.03. Section
614.152(3), Government Code, is amended.
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SECTION 3.03. Same as
introduced version.
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SECTION 3.04. Section
2155.148, Government Code, is amended.
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SECTION 3.04. Same as
introduced version.
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ARTICLE 4. REPEALER
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Same as introduced version.
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SECTION 4.01. The following
statutes are repealed:
(1) Section 802.103(c),
Government Code;
(2) Section 861.001(3),
Government Code;
(3) Section 18(g), Texas
Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes);
(4) Section 18A, Texas Local
Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes);
(5) Section 21, Texas Local
Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes);
(6) Section 21A, Texas Local
Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes); and
(7) Section 31(c), Texas
Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes).
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SECTION 4.01. Same as
introduced version.
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ARTICLE 5. TRANSITION
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Same as introduced version.
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SECTION 5.01. (a) Not later
than September 1, 2013, the state board of trustees of the Texas Emergency
Services Retirement System shall appoint an executive director under
Section 865.0095, Government Code, as added by this Act.
(b) Effective September 1,
2013:
(1) the office of the fire
fighters' pension commissioner is abolished and the term of the person
holding that position expires; and
(2) all powers, duties,
obligations, and rights of action of the fire fighters' pension
commissioner under:
(A) Subtitle H, Title 8, Government
Code, as provided by Article 1 of this Act, are transferred to the:
(i) executive director of
the Texas Emergency Services Retirement System appointed under Section
865.0095, Government Code, as added by this Act; or
(ii) state board of trustees
of the Texas Emergency Services Retirement System established under Section
865.001, Government Code; and
(B) Section 2155.148,
Government Code, are transferred to the Texas Emergency Services Retirement
System.
(c) In connection with the
transfers required by Subsection (b) of this section, the furniture,
computers, other property and equipment, files, and related materials used
by the fire fighters' pension commissioner are transferred to the executive
director of the Texas Emergency Services Retirement System.
(d) A rule adopted by or on
behalf of the fire fighters' pension commissioner in connection with or
relating to Subtitle H, Title 8, Government Code, in effect on September 1,
2013, continues in effect until it is amended or repealed by the state
board of trustees of the Texas Emergency Services Retirement System.
(e) The unobligated and
unexpended balance of any appropriation made to the fire fighters' pension
commissioner in connection with or relating to Subtitle H, Title 8,
Government Code, for the state fiscal biennium ending August 31, 2013, is
transferred and reappropriated to the state board of trustees of the Texas
Emergency Services Retirement System for the purpose of implementing the
powers, duties, obligations, and rights of action transferred to that
system under Subsection (b) of this section.
(f) Notwithstanding the
amendment by this Act of Section 572.003(b), Government Code, Section
572.003(d), Government Code, does not apply to the abolition of the office
of the fire fighters' pension commissioner by this Act.
(g) Section 864.016(f),
Government Code, as amended by this Act, applies to a final decision of the
state board of trustees of the Texas Emergency Services Retirement System
that is rendered on or after the effective date of this Act. A decision of
the state board rendered before the effective date of this Act is governed
by the law in effect on the date the decision was rendered, and the former
law is continued in effect for that purpose.
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SECTION 5.01. Same as introduced
version.
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SECTION 5.02. The change in
law made by this Act to Section 865.002, Government Code, regarding
prohibitions on members of the state board of trustees of the Texas
Emergency Services Retirement System does not affect the entitlement of a member
serving on the board immediately before September 1, 2013, to continue to
serve and function as a member of the board for the remainder of the
member's term. The change in law made to that section applies only to a
member appointed on or after September 1, 2013.
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SECTION 5.02. Same as
introduced version.
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SECTION 5.03. (a) Effective
September 1, 2013, all powers, duties, obligations, and rights of action of
the fire fighters' pension commissioner under the Texas Local Fire Fighters
Retirement Act (Article 6243e, Vernon's Texas Civil Statutes) are, except
as provided by Subsection (e) of this section, terminated as provided by
Article 2 of this Act.
(b) In connection with the
requirements of Subsection (a) of this section, property and records other
than those described by Section 5.01(c) of this article are transferred to
the comptroller in accordance with Section 325.017(e), Government Code.
(c) A rule adopted by the
fire fighters' pension commissioner in connection with or relating to the
Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
Civil Statutes) expires on September 1, 2013.
(d) Effective September 1,
2013, the unobligated and unexpended balance of any appropriations made to
the fire fighters' pension commissioner in connection with or relating to
the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
Civil Statutes), for the state fiscal biennium ending August 31, 2013, is
transferred to the general revenue fund in accordance with Section 325.017(c),
Government Code.
(e) Any administrative
hearing on appeal to the fire fighters' pension commissioner under Section
22, Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
Civil Statutes), is transferred without change in status to the State
Office of Administrative Hearings.
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SECTION 5.03. Same as
introduced version.
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SECTION 5.04. The attorney
general shall continue any proceeding involving the office of the fire
fighters' pension commissioner that is pending on the effective date of
this Act in accordance with the law in effect on the date the proceeding
was commenced, and the former law is continued in effect for that purpose.
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SECTION 5.04. Same as
introduced version.
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SECTION 5.05. The changes in
law made by this Act apply only to a proceeding involving an appeal under
Section 864.016, Government Code, as amended by this Act, or Section 22,
Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
Civil Statutes), as amended by this Act, that is commenced on or after the
effective date of this Act. A proceeding involving an appeal commenced
before the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
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SECTION 5.05. Same as
introduced version.
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SECTION 5.06. Sections
325.017 and 325.020, Government Code, apply in relation to the abolition of
the office of the fire fighters' pension commissioner. In the event of a
conflict between those sections and a provision of this Act, this Act
prevails.
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SECTION 5.06. Same as
introduced version.
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SECTION 5.07. If the
transfers required under Sections 5.01 and 5.03 of this article are not
completed by September 1, 2013, the governor shall appoint a person to
complete the transfers.
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SECTION 5.07. Same as
introduced version.
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SECTION 5.08. To the extent
of any conflict, this Act prevails over another Act of the 83rd
Legislature, Regular Session, 2013, relating to nonsubstantive additions to
and corrections in enacted codes.
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SECTION 5.08. Same as
introduced version.
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ARTICLE 6. EFFECTIVE DATE
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Same as introduced version.
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SECTION 6.01. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
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SECTION 6.01. Same as
introduced version.
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