By: Meyer, Flynn (Senate Sponsor - Huffines) H.B. No. 3056
         (In the Senate - Received from the House May 8, 2017;
  May 9, 2017, read first time and referred to Committee on State
  Affairs; May 18, 2017, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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.
 
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