81R2593 TJS-F By: Swinford H.B. No. 786 A BILL TO BE ENTITLED AN ACT relating to the boards of trustees of retirement systems for paid or partly paid firefighters. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 19(a), Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to read as follows: (a) In each municipality and other political subdivision to which this Act applies and that has a fire department that does not consist exclusively of volunteers, the fire fighters' retirement system is governed by a board of trustees consisting of: (1) the mayor of the municipality or the mayor's designated representative or the chief operating officer of the political subdivision or the chief operating officer's designated representative, as applicable; (2) the chief financial officer of the municipality or other political subdivision or, if there is no officer denominated as chief financial officer, the person who performs the duties of chief financial officer or a person designated by the chief financial officer or by the person performing the duties of chief financial officer; (3) three members of the retirement system elected by participating members as provided by Subsection (b) of this section; and (4) two persons, at least one of whom is a retiree, who: (A) reside in this state in the municipality or other political subdivision or within the extraterritorial jurisdiction of the municipality; (B) [, who] are not officers or employees of the municipality or other political subdivision;[,] and (C) [who] are elected by a majority vote of the members of the board of trustees determined as provided by Subdivisions (1), (2), and (3) of this subsection. SECTION 2. (a) The change in law made by this Act in the qualifications of certain trustees of the boards of trustees of retirement systems for paid or partly paid firefighters does not affect the entitlement of a trustee serving on a board immediately before the effective date of this Act to continue to carry out the board's functions for the remainder of the trustee's term. The change in law applies only to a trustee elected on or after the effective date of this Act. (b) On or after the effective date of this Act, as the terms of trustees of the boards of trustees of retirement systems for paid or partly paid firefighters expire or as vacancies occur, the boards shall appoint trustees so that the boards are composed in accordance with Section 19(a), Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), as amended by this Act. SECTION 3. 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, 2009.