reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243p. Police Retirement Fund in Municipalities of 50,000 to 400,000 › Article 10. Severance and Death Benefits; Refund of Contributions › Section 10.05. Designation of Beneficiary by Board

Sec. 10.05. DESIGNATION OF BENEFICIARY BY BOARD.  If a member dies without having designated one or more beneficiaries, the board may designate a beneficiary under rules adopted by the board as provided by Section 2.01 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243p. Police Retirement Fund in Municipalities of 50,000 to 400,000 › Article 10. Severance and Death Benefits; Refund of Contributions › Section 10.06. Modification of Severance and Death Benefits

Sec. 10.06. MODIFICATION OF SEVERANCE AND DEATH BENEFITS.  This article is subject to any modifications made in accordance with Section 11.01 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 1. General Provisions › Section 1.01. Purpose

Sec. 1.01. PURPOSE.  Because of the lasting health consequences associated with the stressful nature of the professions of firefighting and law enforcement, the purpose of a fund established by this Act is to provide health care benefits for persons who retired on or after October 1, 1989, from a municipal fire or police department to which this Act applies.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 1. General Provisions › Section 1.03. Applicability

Sec. 1.03.  APPLICABILITY.  This Act applies to a paid fire and police department of a municipality with a population of 1.4 million or more but less than 1.7 million.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 1. General Provisions › Section 1.04. Fund; Statutory Trust

Sec. 1.04. FUND;  STATUTORY TRUST.    (a)  The firefighters' and police officers' retiree health care fund is established for each municipality to which this Act applies.  The fund is a statutory trust and is not a subdivision of government.
(b) The board shall administer and hold in trust the assets of the fund for the exclusive benefit of the beneficiaries of the fund.  The board may pay from the fund reasonable administrative expenses incurred in administering the fund.
(c) The fund may not be diverted, transferred, or used for any other purpose inconsistent with this Act and with the instruments governing the fund.
(d) A public or private agency, entity, or authority may not alter or impair any contract made by the board or under the authority or direction of the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 1. General Provisions › Section 1.05. Exemptions

Sec. 1.05. EXEMPTIONS.  The health benefits paid or payable by the fund are exempt from garnishment, assignment, attachment, judgments, other legal processes, and inheritance or other taxes established by this state.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 2. Administrative Provisions › Section 2.01. Board of Trustees

Sec. 2.01. BOARD OF TRUSTEES.    (a)  The firefighters' and police officers' retiree health care fund of a municipality is governed by a board of trustees consisting of the following nine members:
(1)  the mayor of the municipality or the mayor's designee;
(2)  two members of the municipal governing body, appointed by that governing body;
(3)  two members of the fund who are firefighters below the rank of fire chief, elected by secret ballot by a majority of the votes cast by the members of the fund who are firefighters;
(4)  two members of the fund who are police officers below the rank of police chief, elected by secret ballot by a majority of the votes cast by the members of the fund who are police officers;
(5)  a retiree representative of the fire department, elected by secret ballot by a majority of the votes cast by the retirees of the fire department who are beneficiaries of the fund and the surviving spouses of deceased firefighters who are beneficiaries of the fund; and
(6)  a retiree representative of the police department, elected by secret ballot by a majority of the votes cast by the retirees of the police department who are beneficiaries of the fund and the surviving spouses of deceased police officers who are beneficiaries of the fund.
(b)  The board, through its secretary, shall administer the required elections of the members and retiree trustees.  The board shall hold a runoff election between the two candidates receiving the most votes if no candidate receives a majority of the votes cast for a trustee position.  On the executive director's certification that a candidate for trustee is eligible for office and is unopposed for election, the board shall certify the candidate as elected to the board.
(c) The fund is independent of the control of the municipality.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 2. Administrative Provisions › Section 2.02. Terms of Trustees

Sec. 2.02. TERMS OF TRUSTEES.    (a)  Subject to Subsection (a-1) the mayor of the municipality or the mayor's designee, serves on the board for the term of the mayor's office.
(a-1)  The mayor may remove and replace the mayor's designee at the mayor's discretion.
(b) The two members of the municipal governing body serve on the board for the term of the office to which they were elected.
(c)  The two members of the fund who are firefighters below the rank of fire chief serve on the board for staggered four-year terms, with one member's term expiring every two years.
(d)  The two members of the fund who are police officers below the rank of police chief serve on the board for staggered four-year terms, with one member's term expiring every two years.
(e) The retiree representatives serve on the board for staggered four-year terms, with one member's term expiring every two years.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 2. Administrative Provisions › Section 2.03. Resignation or Removal of Trustees

Sec. 2.03. RESIGNATION OR REMOVAL OF TRUSTEES.    (a)  A trustee who is a retiree or a member of the fund may resign or may be removed by a vote of the group eligible to elect the trustee.
(b) A petition for removal under this section must be filed with the board within 45 days after the date the first signature on the petition was obtained.  A signature is not valid if it is not dated.
(c)  A removal election must be held within 90 days after the date the board certifies that a proper petition for a removal election has been signed by at least 20 percent of the persons eligible to vote to elect the trustee.  A trustee's term of service ends on the entry of an order by the board declaring that a majority of the votes cast in a removal election under this section favor removal.
(d) On the date the board enters an order under Subsection (c) of this section, the board shall call a special election to be held not less than 20 and not more than 30 days after that date to fill the vacancy for the unexpired term of the trustee who was removed.  The trustee who was removed is not eligible to run in the special election but is eligible to run in all subsequent elections in which the person is otherwise eligible to run.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 2. Administrative Provisions › Section 2.04. Officers

Sec. 2.04. OFFICERS.    (a)  The board shall elect a chair, a vice chair, and a secretary from among the trustees.
(b)  The board in its discretion may elect other officers of the board.  An officer may be, but is not required to be, a trustee.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 2. Administrative Provisions › Section 2.06. Meetings; Quorum

Sec. 2.06. MEETINGS;  QUORUM.    (a)  The board shall hold regular monthly meetings and special meetings at the call of the chair or on written demand by a majority of the trustees.
(b) Five trustees constitute a quorum.  The board may act with the consent of a majority of the trustees who are present at a board meeting at which a quorum is present.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 2. Administrative Provisions › Section 2.07. Board Committees

Sec. 2.07. BOARD COMMITTEES.    (a)  The chair of the board may appoint committees that report to the board.
(b) Only trustees may be appointed to a committee under this section.
(c) A committee must be composed of not fewer than three and not more than four trustees, except as otherwise specifically provided by the board.
(d) Only members of a committee may vote as committee members.
(e) The board may direct staff and advisors to assist the committees.
(f) All trustees may attend committee meetings.
(g) Members of a committee serve at the pleasure of the board.
(h) Permanent or standing committees may be appointed.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 3. General Powers and Duties › Section 3.02. Authority of Municipality

Sec. 3.02. AUTHORITY OF MUNICIPALITY.  The municipality has the authority and power to:
(1) contract with the board, as described in Section 3.01(b) of this Act;
(2) provide services through a subcontractor in a contract under Section 3.01(b) of this Act;
(3) take any action necessary to ensure that contributions to the fund and benefits received from the fund are exempt from federal taxes and excluded from a beneficiary's taxable income;  and
(4) control the internal functions of the municipality relating to the municipality's interactions with or activities on behalf of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 3. General Powers and Duties › Section 3.03.

Sec. 3.03. Repealed by Acts 1999, 76th Leg., ch. 52, Sec. 24(b), eff. Oct. 1, 1999.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 3. General Powers and Duties › Section 3.04. Insurance

Sec. 3.04. INSURANCE.    (a)  The board may use fund assets to purchase insurance from any insurer licensed to do business in this state that provides for reimbursement of the fund and any trustee, officer, or employee of the fund for:
(1) liability imposed or damages incurred because of an alleged act, error, or omission committed in the capacity of a fiduciary, officer, or employee;  and
(2) costs and expenses incurred in defense of a claim for an alleged act, error, or omission.
(b) The board may not purchase insurance for reimbursement of a trustee, officer, or employee of the fund for liability imposed on the trustee, officer, or employee because of the person's dishonesty, fraud, lack of good faith, or intentional failure to act prudently.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 3. General Powers and Duties › Section 3.05. Indemnity

Sec. 3.05. INDEMNITY.    (a)  If insurance purchased by the board under Section 3.04 of this Act is unavailable, insufficient, inadequate, or otherwise not in effect, the board may indemnify a trustee, officer, or employee of the fund for liability imposed as damages because of an alleged act, error, or omission committed by the person in the capacity of a fiduciary, officer, or employee and for reasonable costs and expenses incurred in defense of a claim of an alleged act, error, or omission.
(b) The board may not indemnify a trustee, officer, or employee of the fund for liability or expenses incurred because of the person's personal dishonesty, fraud, lack of good faith, or intentional failure to act prudently.
(c) A trustee may not vote on a matter of the trustee's own indemnification or be counted in determining whether a quorum is present for the vote.
(d) The board may adopt a policy establishing a method for presentation, approval, and payment of claims for indemnification.
(e) If insurance purchased by the board under Section 3.04 of this Act is unavailable, insufficient, inadequate, or otherwise not in effect, the board may indemnify a former trustee, officer, or employee of the fund under this section for an alleged act, error, or omission committed by the person in the capacity of a fiduciary, officer, or employee and for reasonable costs and expenses incurred in defense of a claim of an alleged act, error, or omission.
(f) The board may authorize indemnification of a trustee, officer, or employee of the fund, or a former trustee, officer, or employee of the fund under this section regardless of when the alleged act, error, or omission occurred, provided that the person is considered liable for the alleged act, error, or omission in relation to the person's capacity as a current or former trustee, officer, or employee of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 4. Membership and Contributions › Section 4.011. Membership of Fire Chief and Chief of Police

Sec. 4.011.  MEMBERSHIP OF FIRE CHIEF AND CHIEF OF POLICE.  Not later than the 30th day after the date a fire chief or a chief of police of a municipality assumes office, the fire chief or chief of police may make an irrevocable election to not become a member of the fund or to terminate membership in the fund by delivering written notice of such election to the secretary of the board. A fire chief or chief of police who does not make an election under this subsection is considered to have chosen to become or to remain a member of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 4. Membership and Contributions › Section 4.021. Contributions by a Municipality

Sec. 4.021.  CONTRIBUTIONS BY A MUNICIPALITY.  (a)  Subject to Section 4.022 of this Act, a municipality to which this Act applies shall pay into the fund on each payroll date the municipal contribution amount applicable to the fiscal year in which the payroll date occurs.  The municipal contribution amount applicable to a fiscal year equals the amount obtained by:
(1)  multiplying the average member salary for the preceding fiscal year by the percentage equal to 100 percent plus the estimated percentage increase in the annual member payroll from the preceding fiscal year to the fiscal year as determined by the actuary;
(2)  multiplying the product computed under Subdivision (1) of this subsection by 9.4 percent;
(3)  dividing the product computed under Subdivision (2) of this subsection by the total number of payroll dates that occur during the fiscal year; and
(4)  multiplying the quotient computed under Subdivision (3) of this subsection by the number of individuals who are members on the payroll date.
(b)  The municipal contributions to and health benefits paid from the fund are part of the compensation for services rendered to the municipality.  This Act is considered part of the contract of employment and appointment of the firefighters and police officers of that municipality.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 4. Membership and Contributions › Section 4.022. Mandatory Adjustments to Retiree Health Plan Contributions, Out-of-Pocket Payments, and Deductibles

Sec. 4.022.  MANDATORY ADJUSTMENTS TO RETIREE HEALTH PLAN CONTRIBUTIONS, OUT-OF-POCKET PAYMENTS, AND DEDUCTIBLES.  (a)  Subject to Subsection (b) of this section, if on October 1, 2017, the actuary determines and states in the then most recent actuarial report delivered to the board that the number of years required to fully amortize the unfunded liability of the fund is more than 30 years, the board shall modify the retiree health plan as follows:
(1)  the amount of the contributions in effect under Sections 4.02 and 4.021 of this Act shall be increased by a percentage determined by the board not to exceed 10 percent on October 1 of each year, commencing October 1, 2017; and
(2)  the maximum deductibles and maximum out-of-pocket payments for each individual in a calendar year and for each family in a calendar year set out in the retiree health plan then in effect shall be increased by a percentage determined by the board not to exceed 10 percent on January 1 of each year, commencing January 1, 2018.
(b)  The board is not required to implement additional increases under Subsection (a) of this section if the actuary determines and states in the actuarial report delivered to the board under that subsection that the number of years required to fully amortize the unfunded liability of the fund is 30 years or less.
(c)  Except as provided by this section, the board may not change the amount of contributions to the fund by a member under Section 4.02 of this Act or a municipality under Section 4.021 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 4. Membership and Contributions › Section 4.023. Uniformed Service

Sec. 4.023.  UNIFORMED SERVICE.  (a)  A member of the fund who enters any uniformed service of the United States may not:
(1)  be required to make the monthly payments into the fund as required by this Act while the member is engaged in active service with the uniformed service; or
(2)  lose any seniority rights or retirement benefits provided by this Act because of that service.
(b)  Not later than the 90th day after the date of the member's reinstatement to an active status in a fire or police department, the member shall file with the secretary of the board a written statement of intent to pay into the fund an amount equal to the amount the member would have paid if the member had remained on active status in the department during the period of the member's absence while in the uniformed service.
(c)  The member shall make the payment described by Subsection (b) of this section in full within a period after the member's return that is equal to three times the amount of time the member was absent, except that the maximum period for payment may not exceed five years.
(d)  If the member does not comply with Subsections (b) and (c) of this section, the member loses all credit toward the member's years of service for the length of time the member was engaged in active service in any uniformed service.
(e)  The amount of credit purchased under this section may not exceed the length of the active service in a uniformed service required to be credited by law.
(f)  If the member complies with this section and makes all required payments, a municipality to which this Act applies shall make payment to the fund in an amount equal to the amount the municipality would have paid if the member had remained on active status in the department during the member's absence while in the uniformed service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 4. Membership and Contributions › Section 4.03. Rights of Beneficiaries and Members; Association

Sec. 4.03. RIGHTS OF BENEFICIARIES AND MEMBERS;  ASSOCIATION.    (a)  Beneficiaries and members of the fund are entitled to all rights otherwise provided to the beneficiaries or members under any state or federal statute.
(b)  This fund is intended to be a voluntary employee's beneficiary association as described by Section 501(c), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)), and the board has the discretion to take any action necessary to ensure that the fund is classified as such.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 5. Retirement Health Benefits › Section 5.01. Retirement Health Benefits

Sec. 5.01.  RETIREMENT HEALTH BENEFITS.  (a)  A person is eligible to receive health and medical benefits under this Act in accordance with the provisions of the retiree health plan in effect, except as otherwise provided by this Act.
(b)  Health and medical benefits shall be provided by the fund to persons who are eligible to receive them under Subsection (a) of this section, in accordance with the provisions of the retiree health plan in effect, except as otherwise provided by this Act.
(c)  The expiration of the terms, or the termination, of the collective bargaining agreements or the master contract document has no effect on the retiree health plan or the benefits provided under this Act.
(d)  The board as it considers appropriate may modify the retiree health plan if the modifications adopted at any regular or special meeting of the board do not, in the aggregate, increase the fund's total actuarial unfunded liability, as determined by the actuary.  The board has exclusive authority to modify the retiree health plan.
(e)  The board may discontinue benefits under this section for any person who does not make the contributions required by Section 4.02 of this Act.
(f)  On January 1, 2008, the maximum deductible for each individual in a calendar year as set out in the retiree health plan increases from $100 or $200, as applicable, to $500, and the maximum deductible for each family in a calendar year as set out in the retiree health plan increases from $200 or $400, as applicable, to $1,000.
(g)  The maximum out-of-pocket, including deductible, payment for each individual for each of the following calendar years as set out in the retiree health plan increases as follows:
(1)  on January 1, 2008, from $600 or $700, as applicable, to $1,500;
(2)  on January 1, 2009, from $1,500 to $1,600;
(3)  on January 1, 2010, from $1,600 to $1,700;
(4)  on January 1, 2011, from $1,700 to $1,800; and
(5)  on January 1, 2012, from $1,800 to $1,900.
(h)  Commencing January 1, 2013, on January 1 of each year the board shall increase the amount of the maximum deductible and out-of-pocket payments established under Subsections (f) and (g) of this section by a percentage equal to the then most recently published annual percentage increase in health care costs as set out in a published index selected by the actuary that reflects annual changes in health care costs. The annual percentage increase provided for by this subsection may not exceed eight percent.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 6. Investment and Financial Provisions › Section 6.01.

Sec. 6.01.  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1415, Sec. 19, eff. October 1, 2007.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 6. Investment and Financial Provisions › Section 6.02. Accounts and Financial Reports

Sec. 6.02.  ACCOUNTS AND FINANCIAL REPORTS.  (a)  Accounts of the fund shall be kept as ordered by the board.
(b)  The board shall require that monthly financial reports showing all fund receipts and disbursements be prepared and submitted to the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 6. Investment and Financial Provisions › Section 6.03. Reserve Funds

Sec. 6.03. RESERVE FUNDS.    (a)  The board shall determine a reasonably safe amount of surplus necessary to defray reasonable expenses of the fund.
(b) All other assets shall be designated as reserve funds.
(c) Only the board may invest and manage the reserve funds.  The reserve funds must be invested and managed for the sole benefit of the beneficiaries.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 6. Investment and Financial Provisions › Section 6.04. Investment Powers of Board

Sec. 6.04. INVESTMENT POWERS OF BOARD.    (a)  The board shall invest the reserve funds in a manner that a prudent investor would invest the funds, considering the purposes, terms, distribution requirements, and other circumstances of an enterprise with a similar character and similar aims.
(b) The board shall diversify the investment of the reserve funds to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so.  In determining whether the board has exercised prudence concerning an investment decision, the investment of all assets of the funds, rather than the prudence of a single investment of the funds, shall be considered.
(c)  The board may directly manage investments of the reserve funds or may choose to contract for professional management services.  If the funds own real estate, the board may, at its discretion, establish an organization described by Section 501(c)(2) or 501(c)(25), Internal Revenue Code of 1986, as amended, to hold title to the real estate.
(d) The board has final responsibility for the investment of the reserve funds.  The board may purchase securities or engage in limited partnerships or make other investments not specifically provided by this Act and has the authority to exercise discretion in determining the nature, type, quality, and size of any investment consistent with the investment policies it establishes.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 6. Investment and Financial Provisions › Section 6.05. Professional Consultants

Sec. 6.05. PROFESSIONAL CONSULTANTS.    (a)  The board may contract for professional investment management services, financial consultants, independent auditors, third-party administrators, preferred providers, health maintenance organizations, attorneys, and actuaries.  Only the board may enter into those contracts.  The board may establish a reasonable fee for compensation under those contracts.
(b) The board may designate its own custodian or master custodian to perform the customary duties involving the safekeeping of the assets and the execution of transactions of either domestic or foreign securities.  The board may engage in a securities lending program consistent with the benefits payable to beneficiaries.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 6. Investment and Financial Provisions › Section 6.06. Investment Consultant Qualifications

Sec. 6.06.  INVESTMENT CONSULTANT QUALIFICATIONS.  In appointing investment consultants, the board shall require that the investment consultant be:
(1)  registered under the Investment Advisors Act of 1940 (15 U.S.C. Section 80b-1 et seq.), as amended;
(2)  a bank as defined by that Act; or
(3)  an insurance company qualified to perform investment services under the law of more than one state.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 7. Standards of Conduct and Financial Disclosure Requirements › Section 7.01. Ethics Policy

Sec. 7.01. ETHICS POLICY.    (a)  A trustee, the executive director, or any employee of the fund may not:
(1) buy, sell, or exchange any property to or from the fund;
(2) deal with the assets of the fund in the person's own interest or for the person's own account;  or
(3) receive any consideration from any person dealing with the fund.
(b) To implement Subsection (a) of this section and to strengthen the faith and confidence of the members and beneficiaries of the fund, the board shall develop standards of conduct and financial disclosure requirements to be observed by each trustee and by the executive director in the performance of the board's and executive director's official duties.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243q. Retirement Health Trust for Firefighters and Police Officers › Article 8. Transition; Effective Date; Emergency [Repealed]

Secs. 8.01, 8.02. Repealed by Acts 1999, 76th Leg., ch. 52, Sec. 24(a), eff. Oct. 1, 1999.
Acts 1997, 75th Leg., ch. 1332, eff. Oct. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 52, Sec. 1 to 24, eff. Oct. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 1, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 2, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 3, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 4, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 5, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 6, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 7, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 8, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 9, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 10, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 11, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 12, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 13, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 14, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 15, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 16, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 17, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 18, eff. October 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1415 (H.B. 2751), Sec. 19, eff. October 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 197, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 294, eff. September 1, 2023.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 1.

Sec. 1.  The Commissioners Court of any county having a population of not less than 620,000 nor more than 700,000 may appoint a County Engineer, but the selection shall be controlled by considerations of skill and ability for the task.  The engineer may be selected at any regular meeting of the commissioners court, or at any special meeting called for that purpose.  The engineer selected shall be a Registered Professional Engineer in the State of Texas.  The engineer shall hold his office for a period of two years, his term of office expiring concurrently with the terms of other county officers, and he may be removed at the pleasure of the commissioners court.  The engineer shall receive a salary to be fixed by the commissioners court not to exceed the amount of the salary paid to the highest county official, to be paid out of the Road and Bridge Fund.  The engineer, before entering upon the discharge of his duties, shall take the oath of office prescribed by law, and shall execute a bond in the sum of $15,000 with a good and sufficient surety or sureties thereon, payable to the county judge of the county and successors in office in trust, for the use and the benefit of the Road and Bridge Fund, of the county to be approved by the court, conditioned that such engineer will faithfully and efficiently discharge and perform all of the duties required of him by law and by the orders of said commissioners court and shall faithfully and honestly and in due time account for all of the money, property and materials placed in his custody.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 2. Classification and Record of Roads

Sec. 2. CLASSIFICATION AND RECORD OF ROADS.    (a)  The county engineer shall, under the direction of the commissioners court, and as soon as practicable, classify all public roads in such county, and such classification when completed, and when approved by the court, shall become a part of the permanent records of roads and bridges of said county.  He shall prepare a suitable map of which shall be delineated in appropriate colors the various roads which shall be designated as first, second, and third class roads.  The map shall show to which place each road belongs and the nature of its construction.  He shall make a complete indexed record of each county road in the county and all bridges.  The records shall show when each county road was dedicated to the use of the public, a complete description as to location, measured length, width of right-of-way, character of construction, and terminals of same.
(b) Each road shall be indexed in the record by the same number and name as it is delineated on the map.  As new roads are opened and improved, and the existing roads are widened or improved so as to change their class, such facts shall be added to the record of such roads in the "Records of Roads."  Such information shall be made available to the public;  provided, however that any omission in respect to the above requirement shall not invalidate any contract for the construction or repair of any road or highway in said county, and where such classification, records and indexes have heretofore been prepared there shall be no necessity to repeat the same in the absence of public necessity therefor, but same may be amended, added to or taken from as the facts of public need may demand.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 3. Inventory and Appraisal of Equipment; Disposal and Purchase

Sec. 3. INVENTORY AND APPRAISAL OF EQUIPMENT;  DISPOSAL AND PURCHASE.  The county engineer shall at the end of every 12 months, acting in conjunction with each commissioner of the county, make a complete inventory and appraisement of all tools, machinery, equipment, materials, trucks, cars, and other property owned by the respective commissioners, and transmit the same in written form to the commissioners court and the county auditor, which report shall be kept as a permanent inventory record by the county auditor.  When any of said tools, machinery, trucks, cars, and other property becomes unusable, the commissioners court shall enter an order upon the minutes of the court, stating such facts and reason for disposing of such equipment and shall have authority to dispose of same as it deems best.  When in its opinion it is necessary to purchase other machinery, supplies, tools, and other equipment and materials, the commissioners court shall enter an order on the minutes showing the necessity therefor.  All equipment purchased or acquired as herein specified, shall be shown on the permanent inventory record.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 7. Inspections of Plats, Subdivision Plans and Land Encompassed; Advice to Commissioners Court and Developers

Sec. 7. INSPECTIONS OF PLATS, SUBDIVISION PLANS AND LAND ENCOMPASSED;  ADVICE TO COMMISSIONERS COURT AND DEVELOPERS.  The county engineer when directed to do so by the commissioners court of the county, shall inspect all plats and plans of subdivisions to be recorded within said county, and make an on-site inspection of the land encompassed within said subdivision and advise the court as to the roads, drainage, sewage, and all aspects of said subdivision and terrain.  The county engineer when and if required by the commissioners court, shall affix his signature to said plat along with the county judge and the commissioners court upon any plat approved and accepted by the commissioners court and filed in the county clerk's office.  The county engineer will offer advice and suggestions to said developer and commissioners court in order to promote conformity with any and all rules and regulations for subdividing as laid out by the commissioners court.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 8. Inspection of Various Utility Districts Within County; Map

Sec. 8. INSPECTION OF VARIOUS UTILITY DISTRICTS WITHIN COUNTY;  MAP.  The county engineer when directed by the commissioners court shall make such inspections of any and all utility districts, water districts, sewage districts, and any other type district formed within the confines of the county, to ascertain whether or not said districts meet the state and county requirements.  The county engineer will keep a map setting out each and every type district created within the county and make it available for public use at any and all times required to do so.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 9. Assistance on County Functions

Sec. 9. ASSISTANCE ON COUNTY FUNCTIONS.  The county engineer when requested to do so by the commissioners court or by a commissioner shall assist said commissioner in connection with any county road in said county, any drainage problem, public buildings, health and sanitation district, planning commissions, and any other function or service over which the commissioner or commissioners court might have jurisdiction.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 10. Employees

Sec. 10. EMPLOYEES.  The commissioners court shall employ all help necessary for the discharge of their public service or for the discharge of the duties of the county engineer.  Such employees shall receive such compensation as may be fixed by the court, but in all such cases an order shall be passed and entered on the minutes of the court, showing in such case the public necessity for such employment and the amount of compensation to be paid each employee and the fund out of which it is to be paid.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 11. Work Records; Daily Time Sheet

Sec. 11. WORK RECORDS;  DAILY TIME SHEET.  The county engineer shall keep or cause to be kept, in duplicate, a daily time sheet which shall show the amount of time and the character of work performed and the place where the same is performed by himself and each person working for the county engineer, and such other records in connection therewith as the commissioners court and county auditor may require, one copy of which shall be furnished to the county auditor, and one copy shall be retained by the engineer.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 12. County Commissioners; Duties

Sec. 12. COUNTY COMMISSIONERS;  DUTIES.  This Act shall in no way diminish, alter or eliminate any of the duties presently handled by the commissioners court or by any individual commissioner.  Each member of the commissioners court shall be and he is hereby required to devote all of his time unless prevented by illness to the duties of his office, and shall be in attendance at all sessions of the court.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 13. Cumulative Effect; Conflict or Inconsistency

Sec. 13. CUMULATIVE EFFECT;  CONFLICT OR INCONSISTENCY.  The provisions of this Act are and shall be held and construed to be cumulative of all general laws or special laws of this state on the subject treated in this Act when not in conflict or inconsistent herewith, but in case of such conflict or inconsistency in whole or in part, this Act shall control.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 14. Severability

Sec. 14. SEVERABILITY.  If any section, subdivision, paragraph, sentence, clause, or word in this Act shall be held to be unconstitutional, the remaining portions of same shall nevertheless be valid and it is declared that such remaining portions would have been included in this Act though the unconstitutional portion had been omitted.
2023 Texas Statutes › Vernon's Civil Statutes › Title 116 - Roads, Bridges, and Ferries › Chapter 6 - Particular Counties, Law Relating To › Article 6812b-1. Counties of 160,000 to 185,000; County Engineer; Duties › Section 15. County Engineer; Release From Position

Sec. 15. COUNTY ENGINEER;  RELEASE FROM POSITION.  If at any time the commissioners court at any time feels that the county engineer position is no further of any necessity or benefit to the county, then said commissioners court has the authority to release said engineer without any obligation to fill said position or vacancy.
Acts 1971, 62nd Leg., p. 2483, ch. 809, eff. June 8, 1971.  Sec. 1 amended by Acts 1981, 67th Leg., p. 593, ch. 237, Sec. 127, eff. Sept. 1, 1981;  Sec. 1 amended by Acts 1991, 72nd Leg., ch. 597, Sec. 53, eff. Sept. 1, 1991;  Sec. 1 amended by Acts 2001, 77th Leg., ch. 669, Sec. 171, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 198, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 295, eff. September 1, 2023.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8601. Sale Under Another Name

No person, firm or corporation, shall sell gasoline, benzine, naphtha, or other similar product of petroleum, capable of being used for illuminating, heating or power purposes, under any other than the true name of said products;  and such petroleum products shall be subject to inspection by the proper authorities.
Acts 1919, p. 213.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8602. Shall Mark Containers

No person, firm, association of persons, corporation or carrier selling or transporting for hire any gasoline, benzine, naphtha or other highly inflammable substance made from petroleum, shall fail to plainly mark the packages containing the same in accordance with the regulations of the Interstate Commerce Commission, unless such regulations should conflict with the provisions of this chapter.
Acts 1919, p. 213.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8603. Labeling Receptacles or Reservoirs of Petroleum Products

No person, firm, association of persons, corporation or carrier selling or transporting any gasoline, benzine, naphtha or other similar product of petroleum, shall fail to truly label in large letters showing the name of such person, firm, association of persons, corporation or carrier on any tank car, barrel, cask, tank wagon, receptacle or reservoir in which any petroleum product shall be shipped or stored within this State, or from which sales or delivery of the same are to be made.
Acts 1919, p. 213.  Amended by Acts 1933, 43rd Leg., p. 94, ch. 46, Sec. 1;  Acts 1935, 44th Leg., p. 396, ch. 154, Sec. 1-a.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8604. Must Not Flash

No person, firm, association of persons, or corporation shall sell or offer for sale any kerosene or distillate to be used for domestic cooking, illuminating, heating, or other domestic uses, having a flash point at a temperature below 112 degrees Fahrenheit, according to the United States official closed cup testing method of the United States Bureau of Mines.
Acts 1919, p. 213.  Amended by Acts 1935, 44th Leg., p. 396, ch. 154, Sec. 1;  Acts 1937, 45th Leg., p. 648, ch. 318, Sec. 1.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8605. Standard of Gasoline or Motor Fuel

(a)  No person, firm, association of persons, or corporation shall sell, offer for sale, or expose for sale, or possess or store with the intention to sell, as gasoline or motor fuel, any substance, liquid, or product of petroleum which falls below the standard of gasoline or motor fuel, the minimum requirement of which such standard shall be determined by the following distillation range:
1. When the thermometer reads 167 degrees Fahrenheit not less than ten (10) per cent shall be evaporated.
2. When the thermometer reads 284 degrees Fahrenheit not less than fifty (50) per cent shall be evaporated.
3. When the thermometer reads 392 degrees Fahrenheit not less than ninety (90) per cent shall be evaporated.
4. The end or dry point of distillation must not be over 437 degrees Fahrenheit.
5. The residue shall not exceed two (2) per cent.
6. Sulphur shall not exceed twenty one hundredths (0.20) per cent.
(b) Motor fuel or gasoline shall be volatile hydro-carbon fuel, free from water and suspended matter, and shall be practicable and/or suitable for use as fuel in internal combustion engines.
Acts 1919, p. 213.  Amended by Acts 1933, 43rd Leg., p. 94, ch. 46, Sec. 2;  Acts 1935, 44th Leg., p. 396, ch. 154, Sec. 2.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8607. Tests of Petroleum Products

The apparatus and methods of conducting all tests and arriving at proper standards of gasoline and other products under this Act shall be those now or hereafter authorized and used by the U.S. Bureau of Mines.
Acts 1919, 36th Leg., p. 213, ch. 125.
2023 Texas Statutes › Vernon's Civil Statutes › Title 132 - Occupational and Business Regulation › Chapter 4 - Gasoline and Petroleum Products › Article 8608. Using Incorrect Measure

No person, firm, association of persons, corporation or carrier, shall use any scales, measure or measuring device in the handling or sale of petroleum products unless the same is true and accurate according to the standard of weights and measures under the laws of this State nor use any pumping device unless the same is correct according to such standard at three speeds, fast, slow and medium.
Acts 1919, 36th Leg., p. 213, ch. 125.