Bill Text: TX HB3056 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the participation in the Texas Municipal Retirement System of certain employees of certain municipalities subject to the Texas Local Fire Fighters Retirement Act.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3056 Detail]
Download: Texas-2017-HB3056-Enrolled.html
H.B. No. 3056 |
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relating to the participation in the Texas Municipal Retirement | ||
System of certain employees of certain municipalities subject to | ||
the Texas Local Fire Fighters Retirement Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The Texas Local Fire Fighters Retirement Act | ||
(Article 6243e, Vernon's Texas Civil Statutes) is amended by adding | ||
Section 31A to read as follows: | ||
Sec. 31A. AUTHORITY OF CERTAIN RETIREMENT SYSTEMS TO | ||
EXCLUDE CERTAIN PERSONS FROM COVERAGE. (a) In this section, | ||
"closure effective date" means the first day of the second month | ||
after the month in which the Texas Municipal Retirement System | ||
receives retirement system plan documents under Subsection (f)(2) | ||
of this section. | ||
(b) This section applies only to a municipality: | ||
(1) with a population of less than 200,000; | ||
(2) that is located in a county with a population of | ||
not less than 2 million and not more than 4 million; | ||
(3) that has a regularly organized fire department for | ||
which a retirement system and fund have been established under | ||
Section 4 of this Act; and | ||
(4) that before January 1, 2017, has one or more | ||
departments participating in the Texas Municipal Retirement | ||
System. | ||
(c) Subject to the requirements of this section, the | ||
governing body of a municipality subject to this section may adopt | ||
one or more ordinances to exclude from participation in the | ||
retirement system employees of the fire department first hired on | ||
or after the closure effective date. | ||
(d) If the governing body of a municipality adopts an | ||
ordinance under Subsection (c) of this section, the governing body | ||
shall concurrently adopt an ordinance to allow the employees | ||
described by the ordinance to participate in the Texas Municipal | ||
Retirement System. | ||
(e) Not later than the 60th day after the date an ordinance | ||
is adopted under Subsection (c) of this section, the municipality | ||
shall submit the ordinance to an election of the participating | ||
members of the retirement system established in the municipality. | ||
To be approved at the election, a majority of the participating | ||
members must vote in favor of the ordinance. | ||
(f) If the voting members approve an ordinance under | ||
Subsection (e) of this section, as soon as practicable after the | ||
date of the election: | ||
(1) the board of trustees of the retirement system | ||
shall amend the retirement system plan documents as necessary to be | ||
consistent with the approved ordinance; and | ||
(2) the municipality shall give written notice of the | ||
results of the election to the Texas Municipal Retirement System | ||
and include copies of the relevant ordinances and any amended | ||
retirement system plan documents. | ||
(g) If a municipality adopts ordinances under Subsections | ||
(c) and (d) of this section, all subsequent actions authorized or | ||
required by this section must be completed before October 1, 2018. | ||
If all subsequent actions are not completed before October 1, 2018: | ||
(1) as soon as practicable after that date, the Texas | ||
Municipal Retirement System shall publish notice to that effect in | ||
the Texas Register; and | ||
(2) Section 851.0011, Government Code, this section, | ||
and the ordinances adopted under Subsections (c) and (d) of this | ||
section expire on October 1, 2018. | ||
SECTION 2. Subchapter A, Chapter 851, Government Code, is | ||
amended by adding Section 851.0011 to read as follows: | ||
Sec. 851.0011. ALTERNATIVE DEFINITION OF DEPARTMENT. (a) | ||
This section applies only with respect to a municipality: | ||
(1) with a population of less than 200,000; | ||
(2) that is located in a county with a population of | ||
not less than 2 million and not more than 4 million; | ||
(3) that has a regularly organized fire department for | ||
which a retirement system and fund have been established under | ||
Section 4, Texas Local Fire Fighters Retirement Act (Article 6243e, | ||
Vernon's Texas Civil Statutes); and | ||
(4) that before January 1, 2017, has one or more | ||
departments participating in the retirement system. | ||
(b) Notwithstanding Section 851.001(7), "department" in | ||
this subtitle includes employees of a municipality described by | ||
Subsection (a) who are allowed to participate in the retirement | ||
system under Section 31A, Texas Local Fire Fighters Retirement Act | ||
(Article 6243e, Vernon's Texas Civil Statutes), because the | ||
municipality completed all actions authorized or required by that | ||
section within the time prescribed by that section. | ||
(c) If a municipality fails to complete all actions | ||
authorized or required by Section 31A, Texas Local Fire Fighters | ||
Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), | ||
before October 1, 2018, this section expires on October 1, 2018, in | ||
accordance with Section 31A(g), Texas Local Fire Fighters | ||
Retirement Act (Article 6243e, Vernon's Texas Civil Statutes). | ||
SECTION 3. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3056 was passed by the House on May 6, | ||
2017, by the following vote: Yeas 141, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3056 was passed by the Senate on May | ||
22, 2017, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |