HBA-MPM H.B. 1747 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1747
By: McCall
Pensions & Investments
2/28/2001
Introduced



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.