1 | 1 | | 89R15745 RDR-D |
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2 | 2 | | By: Y. Davis of Dallas H.B. No. 4875 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the board of trustees of the retirement systems for |
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10 | 10 | | police and firefighters in certain municipalities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 3.01(b), (b-1), (b-4), (d), (e), and |
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13 | 13 | | (f), Article 6243a-1, Revised Statutes, are amended to read as |
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14 | 14 | | follows: |
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15 | 15 | | (b) Subject to Subsections (b-1) and (b-2) of this section, |
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16 | 16 | | the board consists of 11 trustees who shall be selected and shall |
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17 | 17 | | serve as follows: |
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18 | 18 | | (1) four [six] trustees appointed by the mayor, in |
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19 | 19 | | consultation with the city council; |
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20 | 20 | | (2) three trustees elected under rules adopted by the |
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21 | 21 | | board by the members and pensioners of the pension system from a |
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22 | 22 | | slate of nominees, in a number determined under the rules, selected |
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23 | 23 | | and vetted by the nominations committee; |
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24 | 24 | | (3) [subject to Subsection (b-3) of this section,] one |
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25 | 25 | | trustee who is a current [or former] police officer of the city |
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26 | 26 | | nominated and elected by members of the pension system under rules |
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27 | 27 | | adopted by the board; [and] |
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28 | 28 | | (4) [subject to Subsection (b-3) of this section,] one |
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29 | 29 | | trustee who is a current [or former] fire fighter of the city |
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30 | 30 | | nominated and elected by members of the pension system under rules |
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31 | 31 | | adopted by the board; |
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32 | 32 | | (5) one trustee who is a former police officer of the |
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33 | 33 | | city nominated and elected by members of the pension system under |
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34 | 34 | | rules adopted by the board; and |
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35 | 35 | | (6) one trustee who is a former fire fighter of the |
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36 | 36 | | city nominated and elected by members of the pension system under |
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37 | 37 | | rules adopted by the board. |
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38 | 38 | | (b-1) To be appointed or elected a trustee under Subsection |
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39 | 39 | | (b)(1) or (2) of this section, a person: |
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40 | 40 | | (1) must have demonstrated financial, accounting, |
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41 | 41 | | business, investment, budgeting, real estate, or actuarial |
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42 | 42 | | expertise; and |
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43 | 43 | | (2) may not be an elected official of the city. |
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44 | 44 | | (b-4) A trustee is [not] required to reside in the |
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45 | 45 | | nominating [a particular] city [or county of this state]. |
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46 | 46 | | (d) A vacancy on the board in a trustee position under |
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47 | 47 | | Subsection (b)(1), [or] (2), (5), or (6) of this section shall be |
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48 | 48 | | filled in the same manner as the original appointment, or election. |
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49 | 49 | | The board by rule shall determine the manner by which a vacancy in a |
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50 | 50 | | trustee position under Subsection (b)(3) or (4) of this section is |
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51 | 51 | | filled. |
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52 | 52 | | (e) The mayor shall determine whether all trustees |
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53 | 53 | | appointed under Subsection (b)(1) of this section hold office for |
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54 | 54 | | staggered two-year terms or staggered three-year terms. The |
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55 | 55 | | nominations committee shall determine whether all trustees elected |
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56 | 56 | | under Subsection (b)(2), (3), [or] (4), (5), or (6) of this section |
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57 | 57 | | hold office for staggered two-year terms or staggered three-year |
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58 | 58 | | terms. A trustee appointed or elected, as applicable, under |
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59 | 59 | | Subsection (b)(1) or (2) of this section may not serve for more than |
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60 | 60 | | six consecutive years on the board. |
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61 | 61 | | (f) The election of the trustees under Subsection (b)(2), |
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62 | 62 | | (3), [or] (4), (5) or (6) of this section[, including an election |
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63 | 63 | | under Subsection (b-3) of this section to fill a trustee position |
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64 | 64 | | under Subsection (b)(3) or (4) of this section,] shall be held under |
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65 | 65 | | the supervision of the board, and the board shall adopt such rules |
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66 | 66 | | governing the election procedure as it considers appropriate, as |
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67 | 67 | | long as the rules are consistent with generally accepted principles |
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68 | 68 | | of secret ballot and majority rule. The rules adopted by the board |
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69 | 69 | | shall be recorded in the minutes of the board and made available to |
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70 | 70 | | the members of any pension plan within the pension system. |
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71 | 71 | | SECTION 2. Section 3.011(e), Article 6243a-1, Revised |
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72 | 72 | | Statutes, is amended to read as follows: |
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73 | 73 | | (e) The nominations committee shall nominate trustees to |
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74 | 74 | | the board in accordance with Section [Sections] 3.01(b)(2) [and |
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75 | 75 | | (b-3)] of this article. |
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76 | 76 | | SECTION 3. Sections 3.012(a) and (b), Article 6243a-1, |
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77 | 77 | | Revised Statutes, are amended to read as follows: |
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78 | 78 | | (a) In accordance with procedures adopted by board rule, a |
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79 | 79 | | trustee: |
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80 | 80 | | (1) appointed under Section 3.01(b)(1) of this article |
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81 | 81 | | may be removed by the mayor for cause; and |
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82 | 82 | | (2) elected under Section 3.01(b)(2), (3), [or] (4), |
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83 | 83 | | (5), or (6) of this article may be removed by the nominations |
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84 | 84 | | committee for cause. |
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85 | 85 | | (b) It is a cause for removal of a trustee from the board |
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86 | 86 | | that the trustee: |
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87 | 87 | | (1) does not have at the time of taking office the |
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88 | 88 | | qualifications required by Section 3.01(b) or (b-1)(1) of this |
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89 | 89 | | article[, subject to Subsection (b-3) of that section]; |
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90 | 90 | | (2) does not maintain during service on the board the |
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91 | 91 | | qualifications required by Section 3.01(b) or (b-1)(1) of this |
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92 | 92 | | article[, subject to Subsection (b-3) of that section]; |
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93 | 93 | | (3) is ineligible for membership under Section |
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94 | 94 | | 3.01(b-1)(2) or (b-2) of this article; or |
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95 | 95 | | (4) is absent from more than one-third [40 percent] of |
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96 | 96 | | the meetings that the trustee is eligible to attend during a |
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97 | 97 | | calendar year [without an excuse approved by a majority vote of the |
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98 | 98 | | board]. |
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99 | 99 | | SECTION 4. Section 3.01(b-3), Article 6243a-1, Revised |
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100 | 100 | | Statutes, is repealed. |
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101 | 101 | | SECTION 5. The changes in law made by this Act do not affect |
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102 | 102 | | the term of a member of the board of trustees of a pension system |
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103 | 103 | | administered under Article 6243a-1, Revised Statutes, serving on |
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104 | 104 | | the board on the effective date of this Act. |
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105 | 105 | | SECTION 6. The changes in law made to Sections 3.01, 3.011, |
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106 | 106 | | and 3.012, Article 6243a-1, Revised Statutes, as amended by this |
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107 | 107 | | Act, apply only to an appointment or vacancy on a board of trustees |
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108 | 108 | | that occurs on or after the effective date of this Act. An |
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109 | 109 | | appointment or vacancy on a board of trustees that occurs before the |
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110 | 110 | | effective date of this Act is governed by the law in effect on the |
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111 | 111 | | date of the meeting, and the former law is continued in effect for |
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112 | 112 | | that purpose. |
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113 | 113 | | SECTION 7. This Act takes effect September 1, 2025. |
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