This section says certain retirement-related entities and qualifying fire or police departments are treated as municipalities for this subtitle, and it gives a supervising board power to act by order in place of a municipal ordinance for a qualifying department.
Sec. 852.005. STATUS AS A MUNICIPALITY. (a) For the purposes of this subtitle, the Texas Municipal Retirement System, the pension system provided under Article 6243a-1, Revised Statutes, and the Texas Municipal League, have the standing of municipalities. (b) The standing of the pension system provided under Article 6243a-1, Revised Statutes, as a municipality under Subsection (a) applies only with respect to the system and the system's employees. Subsection (a) does not require or authorize: (1) a person who is a member, pensioner, alternate payee, or other beneficiary of the pension system provided under Article 6243a-1, Revised Statutes, to participate in the Texas Municipal Retirement System; and (2) the consolidation of both public retirement systems or the transfer of a fund or any plan created or maintained under former Article 6243a, Revised Statutes, or Article 6243a-1, Revised Statutes, to the Texas Municipal Retirement System. (c) For the purposes of this subtitle, a fire or police department has the standing of a municipality if: (1) the department: (A) was created and is operating under an interlocal cooperation agreement that has existed at least 15 years and was executed by two or more municipalities located in a county with a population of at least 3.3 million; (B) is supervised by an administrative agency appointed by the contracting municipalities; and (C) provides common fire protection or law enforcement services to the contracting municipalities; and (2) the governing body of each municipality that is a party to the agreement has voted by ordinance or resolution to accept responsibility, in a manner to be determined by the participating municipalities, for all payments required of and obligations incurred by the department under this subtitle in the event that the interlocal cooperation agreement is dissolved or expires; and (3) all ordinances adopted by the participating municipalities with regard to the participation are approved by the board of trustees. (d) The governing board of the supervising administrative agency by order may take an action for a department described by Subsection (c) that is required or authorized by this subtitle to be made by municipal ordinance. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 219, ch. 18, Sec. 68, eff. Jan. 1, 1982. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.005 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 514, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1006, Sec. 1, eff. June 17, 1995; Acts 2001, 77th Leg., ch. 669, Sec. 22, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 735 (H.B. 4068), Sec. 1, eff. September 1, 2021.