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 3.01. General Powers and Duties of Board

Sec. 3.01. GENERAL POWERS AND DUTIES OF BOARD.    (a)  The board has complete authority and power to:
(1) administer the fund for the exclusive benefit of the beneficiaries of the fund;
(2) order payments from the fund;
(3) independently control the fund;  and
(4) conduct all litigation on behalf of the fund.
(b) The board may contract with a municipality or other entity to receive the following services:
(1) the administration of benefit claims of beneficiaries, including payment of claims from money in the fund;
(2) the administration of the board's administrative expenses, including payment of the expenses from money in the fund as approved in advance by the board;  and
(3) other administrative services approved by the board.
(c) The board shall adopt rules necessary for the board's effective operation, including rules relating to:
(1) the disbursement of the fund's assets;  and
(2) the name of the board and the fund.
(d) The board shall 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.
(e) The board shall report annually to the governing body of the municipality regarding the condition of the fund and the receipts and disbursements of the fund.
(f)  The board has full discretion and authority to administer the fund and the retiree health plan, construe and interpret this Act and the retiree health plan, correct any defect or omission, reconcile any inconsistency, and perform all other acts necessary to carry out the purpose of this Act and the retiree health plan and administer this Act and the retiree health plan for the greatest benefit of all members in a manner and to the extent that the board considers expedient.
(g)  A gathering of any number of trustees to investigate, research, or review prospective or current investments or otherwise attend to the trustees' fiduciary responsibilities, without formal action by the trustees, is not a deliberation or meeting under Chapter 551, Government Code, and is not required to be open to the public.
(h)  The trustees of the fund are immune from liability for any action taken or omission made in good faith in the performance of their duties for the fund.
(i)  Information contained in a record that is in the custody of the fund concerning a member, former member, retiree, deceased retiree, beneficiary, or alternate payee is confidential under Chapter 552, Government Code.  The information may not be disclosed in a form that identifies a specific individual, unless the information is disclosed:
(1)  to the individual;
(2)  to the individual's spouse, attorney, guardian, executor, administrator, or conservator, or to another person the executive director or the executive director's designee determines from written documentation to be acting in the interest of the individual or the individual's estate;
(3)  to a person authorized by the individual in writing to receive the information;
(4)  to a government official or employee seeking the information in order to perform the duties of the official or employee; or
(5)  under a subpoena.
(j)  Subsection (i) of this section does not prevent the disclosure of the status or identity of an individual as a member, former member, retiree, deceased member, deceased retiree, beneficiary, or alternate payee of the fund.
(k)  A determination and disclosure under Subsection (i) of this section does not require notice to the member, retiree, beneficiary, or alternate payee.