TX Civ Stat § 3 (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243g-4. Police Officers Pension System in Certain Municipalities|Section 3. Pension Board

Sec. 3. PENSION BOARD.    (a)  The board of trustees of the pension system that was created under Chapter 76, Acts of the 50th Legislature, Regular Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), and that operates under Section 67, Article XVI, Texas Constitution, continues to be responsible for the general administration, management, and operation of the pension system, including the direction of investment and oversight of the fund's assets.(b)  The board is composed of seven members as follows:(1)  the administrative head of the city or the administrative head's authorized representative;(2)  three employees of the police department having membership in the pension system, elected by the active, inactive, and retired members of the pension system;(3)  two retired members who are receiving pensions from the system, who are elected by the active, inactive, and retired members of the pension system, and who are not:(A)  officers or employees of the city; or(B)  current or former employees of any other fund or pension system authorized under:(i)  Article 6243e.2(1), Revised Statutes; or(ii)  Chapter 88 (H.B. 1573), Acts of the 77th Legislature, Regular Session, 2001 (Article 6243h, Vernon's Texas Civil Statutes); and(4)  the director of finance of the city or the person discharging the duties of the director of finance, or the director's designee.(c) The terms of office of the board members elected as described by Subsection (b)(2) of this section shall be three years, beginning on January 1 and ending on December 31, with one board member being elected every year at an election called by the board and held in December.  If a vacancy occurs among the three elected active board members, the board shall hold an election within 60 days after the date the vacancy occurred.  At that election, an active member shall be elected to serve for the remainder of the term of the vacant position or for a full term if the term of the board member that caused the vacancy would have ended in that year.(d) The terms of office of the board members elected as described by Subsection (b)(3) of this section shall be three years, beginning on January 1 and ending on December 31.  Beginning in 1999, and each third succeeding year, one board member shall be elected at an election called by the board and held in December.  Beginning in 2000, and each third succeeding year, a second board member shall be elected at an election called by the board and held in December.  If a vacancy occurs among the two elected retired members of the board, the board shall hold an election within 60 days after the date the vacancy occurred.  At that election, a retired member shall be elected to serve for the remainder of the term of the vacant position or for a full term if the term of the board member that caused the vacancy would have ended in that year.  A board member who is a retired member and who was appointed to the board before January 1999 shall serve the remainder of the board member's term.  On expiration of the appointed term, the appointed board member is eligible to run for the board position described by Subsection (b)(3) of this section in the same manner as any other retired member.(e) A board member vacates the member's seat on the board if the member is removed under Section 7 of this article or ceases to meet the qualifications for the seat.(f) An individual who is an officer or employee of any employee organization or retiree organization or an employee of the pension system is prohibited from being elected to the board, appointed to the board, or in any other way serving as a member of the board.(g) Each board member shall, within 30 days after taking office, take an oath of office:(1)  to diligently and honestly administer the affairs of the pension system by:(A)  being loyal exclusively to all members;(B)  being prudent in protecting and managing the trust's property;(C)  defending the trust's assets;  and(D)  acting under the terms of the plan;  and(2)  to not knowingly violate, or willingly permit to be violated, this article.(h) Notwithstanding any other provision in this section, if a candidate for an elected trustee position is unopposed in an election, the election may not be held for that position.  The board shall certify the candidate as elected to the board on the executive director's certification that the candidate is eligible to be a trustee under this section and is unopposed for election.  The certified candidate shall take the oath of office as soon as practicable in January, after being declared elected in December.(i)  If a candidate for either an active or retired board member position does not receive a majority vote for that position, a runoff election for that position shall be held.  The board shall establish a policy for general and runoff elections for purposes of this subsection.(j)  Beginning with the year 2017 effective date:(1)  the term of office for a board member in the phase-down program A or B shall be one year; and(2)  a board member who subsequently enters phase-down program A or B and has served at least one year of the member's current term shall vacate the member's seat and may run for reelection.