Honorable Hal H. Hood Opinion No. H-1048 

Firemen's Pension Commissioner 

Sam Houston Building Re: Authority of Firemen's 

Austin, Texas 78701 Pension Commissioner to 

permit out of time appeals. 

Dear Mr. Hood: 

You have requested our opinion regarding the authority 

of the Firemen's Pension Commissioner to grant out-of-time 

appeals. You explain that on July 29, 1976, the Board of 

Trustees of the Firemen's Relief and Retirement Fund of the 

City of Odessa denied the request of a retired fireman for 

an increase in his monthly benefits. On December 31, 1976, 

you granted the fireman's motion for an out-of-time appeal 

from the Board's decision. You now ask whether it was within 

your authority to do so. 

Section 18 of article 6243e, V.T.C.S., provides in pertinent part: 

Any person possessing the qualifications 

herein required for retirement for length 

of service or disability or having a claim 

for temporary disability who deems himself aggrieved by the decision or order 

of any Board of Trustees, whether because 

of rejection or the amount allowed, may 

appeal from the decision or order of such 

Board of Trustees to the Firemen's Pension 

Commissioner by giving written notice of 

intention to appeal, which said notice 

shall contain a statement of his intention 

to appeal, together with a brief statement 

of the grounds and reasons why he feels 

aggrieved and which said notice aforesaid 

shall be served personally upon the chairman or secretary-treasurer of said Board 

of Trustees within twenty (20) days after 

the date of such order or decision. After 

P- 4315 
Honorable Hal H. Hood - Page 2 (H-1048) 

service of such notice, the party appealing shall file with the Firemen's 

Pension Commissioner a copy of such notice of intention to appeal, together 

with the affidavit of the party making 

service thereof showing how, when, and 

upon whom said notice was served. . . . 

A final decision or order by such Firemen's Pension Commissioner may be appealed and an appeal therefrom may be 

taken to the proper Court of Travis 

County, Texas, having jurisdiction of 

the subject matter, upon the serving 

within twenty (20) days after date of 

such decision or order of a notice in 

writing of such intention to so appeal 

upon the adverse party. 

In Carson v. Hudson, 398 S.W.2d 321 (Tex. Civ. App. -- Austin 

1966, no writ), the court held that compliance with the 20 day 

requirement of section 18 authorizing appeals from a final decision of the Firemen's Pension Commissioner 

is mandatory in order to give the District Court jurisdiction over the case. 

Id. at 323. The language of section 18 with respect to apGls from orders of the Board of Trustees to the Commissioner 

is substantially the same,as the language regarding the later 

stage of the appeal process. Since the court held that compliance with the 20 day provision of the latter was mandatory, 

we believe the court would apply the same principle to the 

initial appellate procedure. In our opinion, the Firemen's 

Pension Commissioner has no jurisdiction to hear an appeal from 

an order of a Board of Trustees of a Firemen's Relief and Retirement Fund unless the aggrieved fireman has filed his notice of 

appeal with the Board of Trustees within 20 days after the date 

of the Board's order, absent a judicial finding that the late 

filing was "due to fraud and misrepresentations." Board of 

Firemen's Relief and Retirement Fund Trustees Of Harris County v. 

Stevens, 372 S.W.2d 572, 574 (Tex. Civ. App. -- Houston 1963, no 

writ). In view of our answer to this question, we need not address your two remaining qUeStiOnS. 

SUMMARY 

The Firemen's Pension Commissioner has no 

jurisdiction to hear an appeal from an order 

of a Board of Trustees of a Firemen's Relief 

P. 4316 
Honorable Hal H. Hood - Page 3 (H-1048) 

and Retirement Fund unless the aggrieved 

fireman has filed his notice of appeal with 

the Board of Trustees within 20 days after 

the date of the Board's order, absent a judicial finding that the late filing was due to 

fraud or misrepresentation. 

Very truly yours, 

APPROVED: 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jst 

P. 4317