H.B. No. 3056         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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3056 was passed by the House on May 6,   2017, by the following vote:  Yeas 141, Nays 1, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3056 was passed by the Senate on May   22, 2017, by the following vote:  Yeas 30, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor