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A BILL TO BE ENTITLED
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AN ACT
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relating to the participation in the Texas Municipal Retirement |
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System of certain employees of certain municipalities subject to |
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the Texas Local Fire Fighters Retirement Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Texas Local Fire Fighters Retirement Act |
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(Article 6243e, Vernon's Texas Civil Statutes) is amended by adding |
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Section 31A to read as follows: |
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Sec. 31A. AUTHORITY OF CERTAIN RETIREMENT SYSTEMS TO |
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EXCLUDE CERTAIN PERSONS FROM COVERAGE. (a) In this section, |
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"closure effective date" means the first day of the second month |
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after the month in which the Texas Municipal Retirement System |
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receives retirement system plan documents under Subsection (f)(2) |
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of this section. |
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(b) This section applies only to a municipality: |
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(1) with a population of less than 200,000; |
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(2) that is located in a county with a population of |
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not less than 2 million and not more than 4 million; |
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(3) that has a regularly organized fire department for |
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which a retirement system and fund have been established under |
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Section 4 of this Act; and |
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(4) that before January 1, 2017, has one or more |
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departments participating in the Texas Municipal Retirement |
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System. |
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(c) Subject to the requirements of this section, the |
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governing body of a municipality subject to this section may adopt |
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one or more ordinances to exclude from participation in the |
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retirement system employees of the fire department hired on or |
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after the closure effective date. |
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(d) If the governing body of a municipality adopts an |
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ordinance under Subsection (c) of this section, the governing body |
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shall concurrently adopt an ordinance to allow the employees |
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described by the ordinance to participate in the Texas Municipal |
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Retirement System. |
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(e) Not later than the 60th day after the date an ordinance |
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is adopted under Subsection (c) of this section, the municipality |
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shall submit the ordinance to an election of the participating |
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members of the retirement system established in the municipality. |
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To be approved at the election, a majority of the participating |
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members must vote in favor of the ordinance. |
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(f) If the voting members approve an ordinance under |
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Subsection (e) of this section, as soon as practicable after the |
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date of the election: |
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(1) the board of trustees of the retirement system |
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shall amend the retirement system plan documents as necessary to be |
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consistent with the approved ordinance; and |
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(2) the municipality shall give written notice of the |
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results of the election to the Texas Municipal Retirement System |
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and include copies of the relevant ordinances and any amended |
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retirement system plan documents. |
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(g) If a municipality adopts ordinances under Subsections |
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(c) and (d) of this section, all subsequent actions authorized or |
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required by this section must be completed not later than October 1, |
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2018. If all subsequent actions are not completed by October 1, |
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2018, the ordinances adopted under Subsections (c) and (d) of this |
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section expire on that date. |
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SECTION 2. Section 851.001(7), Government Code, is amended |
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to read as follows: |
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(7) "Department" means: |
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(A) a recognized division performing a |
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governmental or proprietary function of a municipality; and |
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(B) if applicable, employees allowed to |
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participate in the retirement system in accordance with Section |
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31A, Texas Local Fire Fighters Retirement Act (Article 6243e, |
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Vernon's Texas Civil Statutes). |
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SECTION 3. This Act takes effect September 1, 2017. |