89R15745 RDR-D
By: Y. Davis of Dallas H.B. No. 4875
A BILL TO BE ENTITLED
AN ACT
relating to the board of trustees of the retirement systems for
police and firefighters in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 3.01(b), (b-1), (b-4), (d), (e), and
(f), Article 6243a-1, Revised Statutes, are amended to read as
follows:
(b) Subject to Subsections (b-1) and (b-2) of this section,
the board consists of 11 trustees who shall be selected and shall
serve as follows:
(1) four [six] trustees appointed by the mayor, in
consultation with the city council;
(2) three trustees elected under rules adopted by the
board by the members and pensioners of the pension system from a
slate of nominees, in a number determined under the rules, selected
and vetted by the nominations committee;
(3) [subject to Subsection (b-3) of this section,] one
trustee who is a current [or former] police officer of the city
nominated and elected by members of the pension system under rules
adopted by the board; [and]
(4) [subject to Subsection (b-3) of this section,] one
trustee who is a current [or former] fire fighter of the city
nominated and elected by members of the pension system under rules
adopted by the board;
(5) one trustee who is a former police officer of the
city nominated and elected by members of the pension system under
rules adopted by the board; and
(6) one trustee who is a former fire fighter of the
city nominated and elected by members of the pension system under
rules adopted by the board.
(b-1) To be appointed or elected a trustee under Subsection
(b)(1) or (2) of this section, a person:
(1) must have demonstrated financial, accounting,
business, investment, budgeting, real estate, or actuarial
expertise; and
(2) may not be an elected official of the city.
(b-4) A trustee is [not] required to reside in the
nominating [a particular] city [or county of this state].
(d) A vacancy on the board in a trustee position under
Subsection (b)(1), [or] (2), (5), or (6) of this section shall be
filled in the same manner as the original appointment, or election.
The board by rule shall determine the manner by which a vacancy in a
trustee position under Subsection (b)(3) or (4) of this section is
filled.
(e) The mayor shall determine whether all trustees
appointed under Subsection (b)(1) of this section hold office for
staggered two-year terms or staggered three-year terms. The
nominations committee shall determine whether all trustees elected
under Subsection (b)(2), (3), [or] (4), (5), or (6) of this section
hold office for staggered two-year terms or staggered three-year
terms. A trustee appointed or elected, as applicable, under
Subsection (b)(1) or (2) of this section may not serve for more than
six consecutive years on the board.
(f) The election of the trustees under Subsection (b)(2),
(3), [or] (4), (5) or (6) of this section[, including an election
under Subsection (b-3) of this section to fill a trustee position
under Subsection (b)(3) or (4) of this section,] shall be held under
the supervision of the board, and the board shall adopt such rules
governing the election procedure as it considers appropriate, as
long as the rules are consistent with generally accepted principles
of secret ballot and majority rule. The rules adopted by the board
shall be recorded in the minutes of the board and made available to
the members of any pension plan within the pension system.
SECTION 2. Section 3.011(e), Article 6243a-1, Revised
Statutes, is amended to read as follows:
(e) The nominations committee shall nominate trustees to
the board in accordance with Section [Sections] 3.01(b)(2) [and
(b-3)] of this article.
SECTION 3. Sections 3.012(a) and (b), Article 6243a-1,
Revised Statutes, are amended to read as follows:
(a) In accordance with procedures adopted by board rule, a
trustee:
(1) appointed under Section 3.01(b)(1) of this article
may be removed by the mayor for cause; and
(2) elected under Section 3.01(b)(2), (3), [or] (4),
(5), or (6) of this article may be removed by the nominations
committee for cause.
(b) It is a cause for removal of a trustee from the board
that the trustee:
(1) does not have at the time of taking office the
qualifications required by Section 3.01(b) or (b-1)(1) of this
article[, subject to Subsection (b-3) of that section];
(2) does not maintain during service on the board the
qualifications required by Section 3.01(b) or (b-1)(1) of this
article[, subject to Subsection (b-3) of that section];
(3) is ineligible for membership under Section
3.01(b-1)(2) or (b-2) of this article; or
(4) is absent from more than one-third [40 percent] of
the meetings that the trustee is eligible to attend during a
calendar year [without an excuse approved by a majority vote of the
board].
SECTION 4. Section 3.01(b-3), Article 6243a-1, Revised
Statutes, is repealed.
SECTION 5. The changes in law made by this Act do not affect
the term of a member of the board of trustees of a pension system
administered under Article 6243a-1, Revised Statutes, serving on
the board on the effective date of this Act.
SECTION 6. The changes in law made to Sections 3.01, 3.011,
and 3.012, Article 6243a-1, Revised Statutes, as amended by this
Act, apply only to an appointment or vacancy on a board of trustees
that occurs on or after the effective date of this Act. An
appointment or vacancy on a board of trustees that occurs before the
effective date of this Act is governed by the law in effect on the
date of the meeting, and the former law is continued in effect for
that purpose.
SECTION 7. This Act takes effect September 1, 2025.