HBA-MPM H.B. 1747 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1747 By: McCall Pensions & Investments 6/14/2001 Enrolled BACKGROUND AND PURPOSE The Sunset Advisory Commission submitted recommendations to the 77th Legislature regarding the office of the fire fighters' pension commissioner (commissioner). Sunset Advisory Commission findings noted that the commissioner's term does not match the term of the governor who appoints the commissioner. The findings also noted that the composition of the board of trustees of the Texas statewide emergency services personnel retirement fund (board) does not include a representative of emergency medical services personnel. Recommendations were made to increase the length of the term of office of the commissioner and make changes to the composition of the board. The Sunset Advisory Commission also noted that Texas has a continuing need for the commissioner and recommended that the office be continued as an independent agency. House Bill 1747 continues the office of the fire fighters' pension commissioner until the year 2011, lengthens the term of the commissioner from two to four years, and implements other recommendations of the Sunset Advisory Commission. 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. ANALYSIS House Bill 1747 amends the Texas Local Fire Fighters Retirement Act to lengthen the term of the fire fighters' pension commissioner (commissioner) from two to four years. The bill provides that a person is ineligible for appointment as commissioner if the person or person's spouse is employed by, manages, or owns or controls more than 10 percent of an entity regulated by the office of the commissioner (office) or uses or receives a substantial amount of tangible goods, services, or money from the office other than compensation or reimbursement authorized by law. The bill also prohibits a person from serving as commissioner or acting as general counsel to the commissioner or to the office if the person is a registered lobbyist. The bill modifies the written policy statement prepared by the commissioner that ensures equal employment opportunity. The bill provides that the policy statement must be reviewed by the Commission on Human Rights for compliance with the office's personnel policies that show the intent of the office to avoid unlawful employment practices. The bill requires the office to maintain a file on each written complaint filed with the office and sets forth the information that must be contained in each file regarding the complaint. The bill establishes a procedure by which the office is required to handle complaints until final disposition of the complaint. The bill requires the commissioner or commissioner's designee to provide employees of the office information and training on benefits and methods of participation in the state employee incentive program. H.B. 1747 amends the Texas Statewide Emergency Services Retirement Act (Act) to specify that at least one member of the board of trustees (board) of the Texas statewide emergency services personnel retirement fund must represent medical services personnel. The bill also amends the Act to provide that a person is not eligible for appointment to the board if the person or person's spouse is employed by or manages an entity or organization regulated by the board. The bill continues the office until September 1, 2011. EFFECTIVE DATE September 1, 2001. Provisions regarding a four-year term of office for the commissioner take effect on the effective date of the proposed constitutional amendment providing for a four-year term of office for the commissioner, but only if the amendment is approved by the voters.