HBA-SEB H.B. 2522 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2522
By: Greenberg
Pensions and Investments
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

The Legislative Committee of the Texas Local Fire Fighters Retirement Act
met on September 20, 1998, for the purpose of receiving input about the
fire fighters' retirement system (retirement system) from local boards of
trustees (boards) governing the retirement system and from the public.
Local board members, staff, actuaries, and general counsel of the Office of
the Attorney General offered comments.  H.B. 2522 reflects the suggestions
made at the meeting by authorizing a local board to swear a witness and to
issue a subpoena, authorizing the fire fighters' pension commissioner to
issue a subpoena, and modifying language regarding a board's authority to
pay costs from the retirement system's fund.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 18(a), Article 6243e, V.T.C.S. (Texas Local Fire
Fighters Retirement Act), to authorize the chairman and vice chairman of a
board of trustees established under this Act (board) to swear witnesses for
the purpose of taking testimony before the board on any matter related to a
trust fund established in conjunction with a fire fighter's retirement
system (fund).  Authorizes a board to issue a subpoena addressed to a
sheriff or constable to require the attendance of a witness or the
production of books, records, or other documents that may be necessary and
proper for the purposes of a proceeding before the board.   

SECTION 2.  Amends Article 6243e, V.T.C.S. (Texas Local Fire Fighters
Retirement Act), by adding Section 18A, as follows: 

Sec. 18A.  ENFORCEMENT OF ACT.  Authorizes the fire fighters' pension
commissioner (commissioner) to issue a subpoena addressed to a sheriff or
constable to require the production of books, records, or other documents
that may be necessary to provide or determine compliance if a board fails
or refuses to comply with an applicable requirement of this Act.  Requires
the attorney general to represent the commissioner in the enforcement of
this Act.  Authorizes the attorney general to file an appropriate pleading
or action in a district court in Travis County to enforce a subpoena or
secure a writ of mandamus to compel compliance with this Act. 

SECTION 3.  Amends Section 25, Article 6243e, V.T.C.S. (Texas Local Fire
Fighters Retirement Act), to authorize a board to pay from assets of the
fund all costs incurred by a fire fighters' retirement system (retirement
system), rather than the costs of legal and medical fees, and the costs of
actual expenses incurred by board members in the performance of their
duties on the board. Deletes existing text authorizing payments from the
fund if the expenses are first approved by a majority of participating
members in the retirement system.  Makes conforming changes. 

SECTION 4.Emergency clause.
  Effective date: upon passage.