ACCEPTED
14-14-00437-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/28/2015 4:29:11 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00437-CV
FILED IN
IN THE FOURTEENTH COURT OF APPEALS14th COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
9/28/2015 4:29:11 PM
CHRISTOPHER A. PRINE
CITY OF HOUSTON, TEXAS Clerk
APPELLANT,
v.
HOUSTON FIREFIGHTERS’ RELIEF AND RETIREMENT FUND
APPELLEE.
ON APPEAL FROM THE 190TH JUDICIAL DISTRICT COURT
HARRIS COUNTY, TEXAS
CAUSE NO. 201-02548
BENCH BOOK
________________________________________________________________________
Thomas R. Phillips Travis J. Sales
State Bar No. 00000102 State Bar No. 17532080
BAKER BOTTS L.L.P. Tina Q. Nguyen
98 San Jacinto Boulevard State Bar No. 24078670
Suite 1500 BAKER BOTTS L.L.P.
Austin, Texas 78701-4078 One Shell Plaza
512.322.2500 910 Louisiana Street
512.322.2501 (facsimile) Houston, Texas 77002
tom.phillips@bakerbotts.com 713.229.1234
713.229.1522 (facsimile)
travis.sales@bakerbotts.com
tina.nguyen@bakerbotts.com
ATTORNEYS FOR APPELLEE HOUSTON FIREFIGHTERS’
RELIEF AND RETIREMENT FUND
INDEX
1. Excerpts from the Fund’s Enabling Statute, Article 6243e.2(1)
2. Excerpts from Texas Government Code § 802
3. Statutes Affecting a Single County
4. Excerpts from Texas Constitution art. XVI, § 67
5. Excerpts from Texas Government Code 810.001
Exhibit 1
Excerpts from the Fund’s Enabling Statute, Article 6243e.2(1)
Section 4:
Service pension benefits
(a) A member with at least 20 years of participation who terminates active service for any
reason other than death is entitled to receive a service pension provided by this section.
(b) A member who terminates active service on or after November 1, 1997, and who has
completed at least 20 years of participation in the fund on the effective date of termination of
service is entitled to a monthly service pension, beginning after the effective date of termination
of active service, in an amount equal to 50 percent of the member's average monthly salary, plus
three percent of the member's average monthly salary for each year of participation in excess of
20 years, but not in excess of 30 years of participation, for a maximum total benefit of 80 percent
of the member's average monthly salary.
(c) A member who terminated active service before November 1, 1997, and who had
completed at least 20 years of participation on the effective date of termination of service is
entitled on retirement to receive a monthly service pension in the amount provided under the law
in effect on the effective date of that retirement, unless a subsequent benefit increase is expressly
made applicable to that member.
(d) The total monthly benefit payable to a retired or disabled member, other than a
deferred retiree or active member who has elected the DROP under Section 5(b) of this article, or
payable to an eligible survivor of a deceased member as provided by Section 7(a) or 7(b) of this
article, shall be increased by the following amounts: by $100, beginning with the monthly
payment made for July 1999; by $25, beginning with the monthly payment made for July, 2000;
and by $25, beginning with the monthly payment made for July 2001. These additional benefits
may not be increased under Section 11(c) of this article.
Active 20882466 1
Excerpts from the Fund’s Enabling Statute, Article 6243e.2(1)
Section 10:
Nonstatutory benefit increases
The benefits provided by this article may be increased if:
(1) an actuary selected by the board who, if an individual, is a Fellow of the Society of
Actuaries, a Fellow of the Conference of Actuaries in Public Practice, or a member of the
American Academy of Actuaries determines that the increase cannot reasonably be viewed as
posing a material risk of jeopardizing the fund's ability to pay any existing benefit;
(2) a majority of the participating members of the fund vote for the increase by a secret
ballot;
(3) the increase does not deprive a member, without the member's written consent, of a
right to receive benefits that have already become fully vested and matured in a member; and
(4) the State Pension Review Board approves the determination by the actuary selected
by the board that the increase cannot reasonably be viewed as posing a material risk of
jeopardizing the fund's ability to pay any existing benefit.
Active 20882466 2
Exhibit 2
Excerpts from Texas Government Code Ch. 802
Sec. 802.101. ACTUARIAL VALUATION.
(a) The governing body of a public retirement system shall employ an actuary, as a
full-time or part-time employee or as a consultant, to make a valuation at least once every three
years of the assets and liabilities of the system on the basis of assumptions and methods that are
reasonable in the aggregate, considering the experience of the program and reasonable
expectations, and that, in combination, offer the actuary's best estimate of anticipated experience
under the program.
(b) On the basis of the valuation, the actuary shall make recommendations to the
governing body of the public retirement system to ensure the actuarial soundness of the system.
The actuary shall define each actuarial term and enumerate and explain each actuarial
assumption used in making the valuation. This information must be included either in the
actuarial study or in a separate report made available as a public record.
(c) The governing body of a public retirement system shall file with the State
Pension Review Board a copy of each actuarial study and each separate report made as
required by law.
(d) An actuary employed under this section must be a fellow of the Society of Actuaries,
a member of the American Academy of Actuaries, or an enrolled actuary under [ERISA].
Sec. 802.103. ANNUAL FINANCIAL REPORT.
(a) Except as provided by Subsection (c), the governing body of a public retirement
system shall publish an annual financial report showing the financial condition of the
system as of the last day of the fiscal year covered in the report. The report must include the
financial statements and schedules examined in the most recent audit performed as required by
Section 802.102 and must include a statement of opinion by the certified public accountant as to
whether or not the financial statements and schedules are presented fairly and in accordance with
generally accepted accounting principles.
(b) The governing body of a public retirement system shall, before the 211th day after
the last day of the fiscal year under which the system operates, file with the State Pension
Review Board a copy of each annual financial report it makes as required by law.
....
Active 20915400 1
Sec. 802.202. INVESTMENT OF SURPLUS.
(a) The governing body of a public retirement system is responsible for the management
and administration of the funds of the system.
....
(c) The governing body shall determine the procedure it finds most efficient and
beneficial for the management of the reserve fund of the system. The governing body may
directly manage the investments of the system or may choose and contract for professional
investment management services.
(d) The governing body of a public retirement system shall:
(1) develop and adopt a written investment policy;
(2) maintain for public review at its main office a copy of the policy;
(3) file a copy of the policy with the State Pension Review Board not later than the
90th day after the date the policy is adopted; and
(4) file a copy of each change to the policy with the State Pension Review Board not
later than the 90th day after the change is adopted.
Sec. 802.302. PREPARATION OF ACTUARIAL ANALYSIS.
(a) The board shall request a public retirement system affected by a bill or resolution
as described by Section 802.301(a) to provide the board with an actuarial analysis.
(b) An actuarial analysis required by this section must be prepared by an actuary who is
a fellow of the Society of Actuaries, a member of the American Academy of Actuaries, or an
enrolled actuary under the Employees Retirement Income Security Act of 1974 (29 U.S.C.
Section 1001 et seq.).
(c) A public retirement system that receives a request under Subsection (a) must
provide the board with an actuarial analysis on or before the 21st day after the date of the
request, if the request relates to a bill or resolution introduced for consideration during a regular
legislative session.
(d) The board shall adopt deadlines for the provision under this section of an actuarial
analysis that relates to a bill or resolution introduced for consideration during a called legislative
session. The deadlines must be designed to provide the most complete information practicable in
a timely manner.
(e) The board may prepare an actuarial analysis for a public retirement system that
receives a request under Subsection (a) and does not provide the board with an actuarial analysis
within the required period under Subsection (c) or (d).
(f) The public retirement system may reimburse the board's costs incurred in preparing
an actuarial analysis under Subsection (e).
(g) For each actuarial analysis that a public retirement system prepares, the board
shall have a second actuary:
(1) review the actuarial analysis accompanying the bill or resolution; and
(2) comment on the reasonableness of each actuarial assumption used in the public
retirement system's actuarial analysis.
(h) Even if a public retirement system prepares an actuarial analysis under
Subsection (c) or (d), the board may have a second actuary prepare a separate actuarial
analysis.
(i) A public retirement system is not prohibited from providing to the legislature any actuarial
analysis or information that the system determines necessary or proper.
Active 20915400 2
Exhibit 3
Statutes Affecting a Single County
County 2010
Statute Summary
Affected Population
1. Tex. Agric. Code Tarrant >=1.8 million A person pursuing the business of
§ 147.003 or <=1.9 selling mules, horses, jacks, or jennets
million in a county with a population of not less
than 1.8 million nor more than 1.9
million is not subject to this chapter as a
livestock auction commission merchant.
2. Code Crim. Proc. Harris >= 3.3 million A search warrant may not be issued
art. 18.05 (e) under this article to a code enforcement
official of a county with a population of
3.3 million or more for the purpose of
allowing the inspection of specified
premises to determine the presence of an
unsafe building condition or a violation
of a building regulation, statute, or
ordinance.
3. Tex. Educ. Code Chambers <40,000 An election for trustees of an
§ 11.0581 (a) adjacent to independent school district shall be held
county on the same date that is wholly or partly
> 3 million located in a county with a population of
less than 40,000 that is adjacent to a
county with a population of more than
three million; and held its election for
trustees jointly with the election for the
members of the governing body of the
hospital district before May 2007.
4. Tex. Gov't. Code Haskell 5800 - 5900 The commissioners court of a county
§ 51.501 (c) that has a population of 5,800 to 5,900
shall determine whether the county shall
have a joint clerk but may not take
action to prevent a district clerk, county
clerk, or joint clerk from serving the full
term of office to which the clerk was
elected.
5. Tex. Health and Tarrant >1.8 million The commissioners court of a county
Safety Code <1.9 million with a population of more than 1.8
§ 281.021 (b) million but less than 1.9 million in
which a district is created under this
chapter shall appoint a board composed
of not less than five or more than 15
members.
Active 20767421 1
County 2010
Statute Summary
Affected Population
6. Tex. Health and El Paso 800,000 that The county attorney, district attorney, or
Safety Code borders Mexico criminal district attorney, as appropriate,
§ 281.056 (b)(1) with the duty to represent the county in
civil matters shall, in all legal matters,
represent a district located in: a county
with a population of 800,000 or more
that borders the United Mexican States.
7. Tex. Health and Webb <300,000 and The heading to Chapter 289, Health and
Safety Code Ch. border Mexico Safety Code, is amended to read as
289 and have a follows: CHAPTER 289. COUNTY
municipality HEALTH CARE FUNDING
>200,000 DISTRICTS IN CERTAIN COUNTIES
population LOCATED ON TEXAS-MEXICO
BORDER THAT HAVE
POPULATION OF LESS THAN
300,000
8. Tex. Health and Webb <300,000 and County health care funding districts - A
Safety Code border Mexico district is created in each county located
§ 289.002 and have a on the Texas-Mexico border that has a
municipality population of less than 300,000 and
>200,000 contains one or more municipalities
population with a population of 200,000 or more.
9. Tex. Health and Bexar <1.8 million The heading to Chapter 290, Health and
Safety Code Ch. with a Safety Code, is amended to read as
290 municipality follows: CHAPTER 290. COUNTY
>= 1.1 million HEALTH CARE FUNDING
DISTRICTS IN CERTAIN COUNTIES
WITH POPULATION OF 1.8
MILLION OR LESS
10. Tex. Health and Bexar <1.8 million County health care funding districts - A
Safety Code with a district is created in each county that has
§ 290.002 municipality a population of 1.8 million or less and in
>= 1.1 million which a municipality with a population
of 1.1 million or more is predominantly
located.
Active 20767421 2
County 2010
Statute Summary
Affected Population
11. Tex. Health and Harris >= 3.3 million "Eligible institution" means an entity
Safety Code engaged in health-related pursuits that,
§ 301.001 (1) except for cooperative associations, is
exempt from federal income tax and
includes only if it is a political
subdivision of the state or a cooperative
association created under Subchapter B,
a political subdivision of the state, a unit
of which is located in a county with a
population of more than 3.3 million.
12. Tex. Health and El Paso >=800,000 that CLEAN AIR ACT. This section applies
Safety Code borders Mexico only to a county with a population of
§ 382.218 (a) 800,000 or more that borders the United
Mexican States.
13. Tex. Health and Harris > 3.3 million This section applies to a chemically
Safety Code dependent patient who is a resident of a
§ 462.0731 (a) county with a population of more than
3.3 million, according to the most recent
federal decennial census, and whose
inpatient commitment is modified to an
outpatient commitment, who is
furloughed from an inpatient facility, or
who is committed to treatment on an
outpatient basis.
14. Tex. Health and Galveston >285,000 Subsection (a) does not apply to a
Safety Code <300,000 that cemetery established and operating
§ 711.008 (d) borders Gulf of before September 1, 1995, in a county
Mexico with a population of more than 285,000
and less than 300,000 that borders the
Gulf of Mexico.
15. Tex. Health and Dallas >= 2 million Local Administration Of Emergency
Safety Code without Communications
§ 772.402 emergency This subchapter applies only to a county
communication having a population of more than two
district million in which a communication
district has not been created under
Subchapter B.
16. Tex. Health and Harris >= 3.3 million EMERGENCY SERVICES
Safety Code DISTRICTS. This section does not
§ 775.014 (g) apply if the proposed district contains
territory in the unincorporated area of a
county with a population of 3.3 million
or more.
Active 20767421 3
County 2010
Statute Summary
Affected Population
17. Tex. Health and Harris > 3.3 million EMERGENCY SERVICES
Safety Code DISTRICTS. If after the hearing the
§ 775.017 (a) commissioners court finds that creation
of the district is feasible and will
promote the public safety, welfare,
health, and convenience of persons
residing in the proposed district, the
commissioners court shall grant the
petition, fix the district's boundaries, and
impose any conditions negotiated under
Section 775.014(h). If the proposed
district, according to its boundaries
stated in the petition, is located wholly
in a county with a population of more
than 3.3 million, the commissioners
court may amend the petition to change
the boundaries of the proposed district if
the commissioners court finds the
change is necessary or desirable. For
the purposes of this provision, the
population of the county is determined
according to the most recent federal
decennial census available at the time
the petition is filed.
18. Tex. Health and Harris > 3.3 million EMERGENCY SERVICES
Safety Code DISTRICTS. A district located wholly
§ 775.031 (b) within a county with a population of
more than 3.3 million may not provide
fire prevention or fire-fighting services
unless the district: was originally a rural
fire prevention district and was
converted to an emergency services
district under this chapter or former
Section 794.100; or is created after
September 1, 2003.
19. Tex. Loc. Gov't El Paso >800,000 This section applies only to a county
Code § 81.029 (a) located on an judge in a county that has a population
international of more than 800,000 and is located on
border the international border.
Active 20767421 4
County 2010
Statute Summary
Affected Population
20. Tex. Loc. Gov't Brazoria >=312,000 and A county with a population of 312,000
Code § 115.044 (a) <=330,00 to 330,000 shall conduct a biennial
independent audit of all books, records,
and accounts of each district, county,
and precinct officer, agent, or employee,
including those of the regular county
auditor, and of all governmental units of
the county hospitals, farms, and other
institutions. The audit must cover all
matters relating to the fiscal affairs of
the county. The audit shall be
conducted in each even-numbered year
and must be completed before
December 31 of the year.
21. Tex. Loc. Gov't Harris >= 3.3 million AMOUNT OF COMPENSATION,
Code § 152.017 EXPENSES, AND ALLOWANCES OF
COUNTY OFFICERS AND
EMPLOYEES. This subchapter does
not apply to a presiding judge of a
commissioners court in a county with a
population of 3.3 million or more
22. Tex. Loc. Gov't Comal >108,000 AMOUNT OF COMPENSATION,
Code § 152.032 <110,000 EXPENSES, AND ALLOWANCES OF
(d)(1) COUNTY OFFICERS AND
EMPLOYEES. The amount of the
compensation and allowances of a
county auditor in a county subject to this
subsection may be set in an amount that
exceeds the limit established by
Subsection (a) if the compensation and
allowances are approved by the
commissioners court of the county.
This subsection applies only to a county
with a population of more than 108,000
and less than 110,000.
Active 20767421 5
County 2010
Statute Summary
Affected Population
23. Tex. Loc. Gov't Galveston 285,000 to County judges salary. The
Code § 152.904 (c) 300,000 commissioners court of a county with a
population of 285,000 to 300,000 shall
set the annual salary of the county judge
at an amount equal to or greater than 90
percent of the salary, including
supplements, of any district judge in
Galveston County. However, the salary
may not be set at an amount less than
the salary paid the county judge on May
2, 1962.
24. Tex. Loc. Gov't Harris > 3.3 million Grievance Procedure For County
Code § 160.002 Employees. This chapter applies only to
a county with a population of more than
3.3 million and its employees, including
but not limited to the employees of road
and bridge districts, flood control
districts, and juvenile probation
departments in the county. However,
this chapter does not apply to the
employees of a sheriff's department.
25. Tex. Loc. Gov't El Paso 800,000 that Creation of a county ethics commission.
Code § 161.001 borders Mexico This chapter applies only to a county
and has ethics that has a population of 800,000 or
board … more, is located on the international
border; and before September 1, 2009,
had a county ethics board appointed by
the commissioners court.
26. Tex. Loc. Gov't Brazoria 312,000 to In a county with a population of 312,000
Code § 180.003 (a) 330,00 to 330,000, a sheriff, deputy, constable,
or other peace officer of the county or a
municipality located in the county may
not be required to be on duty more than
48 hours a week unless the peace officer
is called on by a superior officer to serve
during an emergency as determined by
the superior officer.
Active 20767421 6
County 2010
Statute Summary
Affected Population
27. Tex. Loc. Gov't Jefferson 251,000 to The commissioners court of a county
Code § 270.005 (a) 275,000 with a population of 251,000 to 275,000
may contract with the United States
government or a federal agency for: the
joint construction or improvement of
roads, bridges, or other county
improvements; or the maintenance of a
project constructed under this section.
28. Tex. Loc. Gov't Lubbock >=275,000 A justice of the peace court may not be
Code § 292.001 (d) <=285,000 housed or conducted in a building
located outside the court's precinct
except as provided by Section 27.051(f),
Government Code, or unless the justice
of the peace court is situated in the
county courthouse in a county with a
population of at least 275,000 persons
but no more than 285,000 persons.
29. Tex. Loc. Gov't Jasper 35,500 to Facilities in certain counties. This
Code § 292.023 36,000 section applies only to a county with a
(a)(1) population of: 35,500 to 36,000.
30. Tex. Loc. Gov't Hunt 85,000 to Facilities in certain counties. This
Code § 292.023 86,500 section applies only to a county with a
(a)(2) population of 85,000 to 86,500.
31. Tex. Loc. Gov't Hill 35,050 to Auxiliary facilities in certain counties.
Code § 292.025 (a) 35,090 This section applies only to a county
with a population of 35,050 to 35,090.
32. Tex. Loc. Gov't Anderson 57,000 to Facilities in certain counties. This
Code § 292.027 (a) 59,000 section applies only to a county with a
population of 57,000 to 59,000.
33. Tex. Loc. Gov't Harris >= 3.3 million Sports and community venue districts.
Code § 335.035 (a) This section applies only to the board of
a district located in whole or in part in a
county with a population of 3.3 million
or more.
34. Tex. Loc. Gov't Harris >= 3.3 million Sports and community venue districts.
Code § 335.035 (f) Section 335.031(b) does not apply to a
district located in a county with a
population of 3.3 million or more.
Active 20767421 7
County 2010
Statute Summary
Affected Population
35. Tex. Loc. Gov't Harris >= 3.3 million Sports and community venue districts.
Code § 335.0711 Limit On Power To Own Or Acquire
(b) Real Property In Certain Districts. This
section applies only to a district located
in a county with a population of 3.3
million or more.
36. Tex. Loc. Gov't Harris >= 3.3 million Sports and community venue districts.
Code § 335.102 This subchapter applies only to a district
located in a county with a population of
3.3 million or more.
37. Tex. Loc. Gov't Tom Green 110,000 to Instead of providing and maintaining its
Code § 361.042 (a) 113,000 own jail, the commissioners court of a
county with a population of 110,000 to
113,000 may provide safe and suitable
jail facilities for the county by
contracting for the facilities with the
governing body of the municipality that
is the county seat of the county.
38. Tex. Loc. Gov't Harris >= 3.3 million Commercial and industrial development
Code § 386.031 (a) zones. To be created as a development
(4) zone, an area must: be located in a
county with a population of 3.3 million
or more.
39. Tex. Loc. Gov't Wood 41,500 to A county with a population of 41,500 to
Code § 615.011 (b) 42,500 42,500 may authorize the use of county
equipment, machinery, and employees
to construct, establish, and maintain a
public airstrip in the county.
Active 20767421 8
County 2010
Statute Summary
Affected Population
40. Tex. Nat. Res. Galveston >285,000 A county attorney, district attorney, or
Code § 61.018 <300,000 that criminal district attorney or the attorney
(a)(1) borders the Gulf general may not file a suit under
of Mexico Subsection (a) to obtain a temporary or
permanent court order or injunction,
either prohibitory or mandatory, to
remove a house from a public beach if:
the line of vegetation establishing the
boundary of the public beach moved as
a result of a meteorological event that
occurred before January 1, 2009; the
house was located landward of the
natural line of vegetation before the
meteorological event; a portion of the
house continues to be located landward
of the line of vegetation; and the house
is located on a peninsula in a county
with a population of more than 285,000
and less than 300,000 that borders the
Gulf of Mexico.
41. Tex. Nat. Res. Harris >= 3.3 million A county with a population of 3.3
Code § 133.091 million or more may adopt regulations
requiring the placement of signs or
barriers on aggregate quarries and pits.
42. Tex. Occ. Code San <10,000 and is VEHICLE TOWING AND BOOTING.
§ 2308.209 (b)(2) Augustine located in a TOW ROTATION LIST IN CERTAIN
national forest COUNTIES. This section applies only
to the unincorporated area of a county
with a population of less than 10,000
that is located in a national forest; or
Tex. Occ. Code § 2308.209 (b)(3).
43. Tex. Prop. Code Harris ETJ of a city Restrictive Covenants Applicable To
§ 201.001 (a)(2)(A) with a Certain Subdivisions. This chapter
pop >100,000 in applies to a residential real estate
the subdivision that is located in whole or in
unincorporated part: within a city that has a population
area of a county of more than 100,000, or within the
>= 3.3 million extraterritorial jurisdiction of such a city
in the unincorporated area of a county
having a population of 3.3 million or
more; or Tex. Prop. Code § 201.001
(a)(2)(B).
Active 20767421 9
County 2010
Statute Summary
Affected Population
44. Tex. Prop. Code Harris >= 3.3 million Disclosure Of Information By Property
§ 204.002 (a)(1) Owners' Associations. This chapter
applies only to a residential real estate
subdivision, excluding a condominium
development governed by Title 7,
Property Code, that is located in whole
or in part in a county with a population
of 3.3 million or more;
45. Tex. Prop. Code Galveston >285,000 in a county with a population of not less
§ 204.002 (a)(2) <300,000 than 285,000 and not or more than
adjacent to the 300,000 that is adjacent to the Gulf of
Gulf of Mexico Mexico and that is adjacent to a county
and adjacent to having a population of 3.3 million or
a county more; or (a)(3).
>= 3.3 million
46. Tex. Prop. Code Smith >200,000 Extension Or Modification Of
§ 210.002 (1) <220,000 Residential Restrictive Covenants. This
chapter applies to a residential real
estate subdivision that is located in a
county with a population of: more than
200,000 and less than 220,000; or
47. Tex. Tax Code Galveston >285,000 Tax collections. This subsection applies
§ 31.03 (d) <300,000 only to a taxing unit located in a county
adjacent to the having a population of not less than
Gulf of Mexico. 285,000 and not more than 300,000 that
borders a county having a population of
3.3 million or more and the Gulf of
Mexico. The governing body of a taxing
unit that has its taxes collected by
another taxing unit that has adopted the
split-payment option under Subsection
(a) may provide, in the manner required
by law for official action by the body,
that the split-payment option does not
apply to the taxing unit's taxes collected
by the other taxing unit.
Active 20767421 10
County 2010
Statute Summary
Affected Population
48. Tex. Transp. Code Newton 14,300 to County And Municipal Airports. The
§ 22.053 (a) 14,500 commissioners court of a county with a
population of 14,300 to 14,500 may
issue time warrants to condemn or
purchase land to be used and maintained
as provided by Sections 22.011, 22.020,
and 22.024, and improve and equip the
land for the use provided by Sections
22.011, 22.020, and 22.024.
49. Tex. Transp. Code Harris >= 3.3 million Roadways. Causeways, Bridges,
§ 284.007 (a) Tunnels, Turnpikes, Ferries, And
Highways In Certain Counties. A county
with a population of more than 3.3
million operating under this chapter
shall set and make a good faith effort to
meet or exceed goals for awarding
contracts or subcontracts associated with
a project it operates, maintains, or
constructs to historically underutilized
businesses.
50. Tex. Transp. Code Harris >= 3.3 million Roadways. Regulation Of Outdoor
§ 394.061 (b) Signs On Rural Roads. Off-premise
portable signs. A regulation imposed by
or adopted under this chapter does not
apply to an off-premise portable sign in
the unincorporated area of a county with
a population of 3.3 million or more.
51. Tex. Transp. Code Harris >= 3.3 million Roadways. Texas Transportation
§ 431.109 (a) Corporation Act. Contracts For
Historically Underutilized Businesses.
This section applies only to a local
government corporation serving a
county with a population of more than
3.3 million.
Active 20767421 11
County 2010
Statute Summary
Affected Population
52. Tex. Transp. Code Bexar >= 1.5 million Vehicles And Traffic. General
§ 621.4015 (a) (1) and is within Provisions Relating To Vehicle Size
200 miles of an And Weight. Designation By
international Commissioners Court. A county
border commissioners court may designate a
constable or deputy constable of the
county as a weight enforcement officer
in a county: that is a county with a
population of 1.5 million or more and is
within 200 miles of an international
border.
53. Tex. Transp. Code Harris >= 3.3 million Vehicles And Traffic. Abandoned
§ 683.016 (d) Motor Vehicles. This section does not
apply to a vehicle that is taken into
custody by a law enforcement agency
located in a county with a population of
3.3 million or more; and removed to a
privately owned storage facility.
54. Tex. Rev. Civ. Stat. Montgomery >=425,000 The Commissioners Court of any county
art. 6812b - 1 <=500,000 having a population of not less than
425,000 nor more than 500,000 may
appoint a County Engineer, but the
selection shall be controlled by
considerations of skill and ability for the
task.
Active 20767421 12
Exhibit 4
Excerpts from Texas Const. art. XVI, § 67
(a) General Provisions. (1) The legislature may enact general laws establishing systems
and programs of retirement and related disability and death benefits for public employees and
officers. Financing of benefits must be based on sound actuarial principles. The assets of a
system are held in trust for the benefit of members and may not be diverted.
(2) A person may not receive benefits from more than one system for the same service,
but the legislature may provide by law that a person with service covered by more than one
system or program is entitled to a fractional benefit from each system or program based on
service rendered under each system or program calculated as to amount upon the benefit formula
used in that system or program. Transfer of service credit between the Employees Retirement
System of Texas and the Teacher Retirement System of Texas also may be authorized by law.
(3) Each statewide benefit system must have a board of trustees to administer the system
and to invest the funds of the system in such securities as the board may consider prudent
investments. In making investments, a board shall exercise the judgment and care under the
circumstances then prevailing that persons of ordinary prudence, discretion, and intelligence
exercise in the management of their own affairs, not in regard to speculation, but in regard to the
permanent disposition of their funds, considering the probable income therefrom as well as the
probable safety of their capital. The legislature by law may further restrict the investment
discretion of a board.
(4) General laws establishing retirement systems and optional retirement programs for
public employees and officers in effect at the time of the adoption of this section remain in
effect, subject to the general powers of the legislature established in this subsection.
(b) State Retirement Systems. (1) The legislature shall establish by law a Teacher
Retirement System of Texas to provide benefits for persons employed in the public schools,
colleges, and universities supported wholly or partly by the state. Other employees may be
included under the system by law.
(2) The legislature shall establish by law an Employees Retirement System of Texas to
provide benefits for officers and employees of the state and such state-compensated officers and
employees of appellate courts and judicial districts as may be included under the system by law.
(3) The amount contributed by a person participating in the Employees Retirement
System of Texas or the Teacher Retirement System of Texas shall be established by the
legislature but may not be less than six percent of current compensation. The amount contributed
by the state may not be less than six percent nor more than 10 percent of the aggregate
compensation paid to individuals participating in the system. In an emergency, as determined by
the governor, the legislature may appropriate such additional sums as are actuarially determined
to be required to fund benefits authorized by law.
(c) Local Retirement Systems. (1) The legislature shall provide by law for:
(A) the creation by any city or county of a system of benefits for its officers and
employees;
Active 20882947 1
(B) a statewide system of benefits for the officers and employees of counties or other
political subdivisions of the state in which counties or other political subdivisions may
voluntarily participate; and
(C) a statewide system of benefits for officers and employees of cities in which cities
may voluntarily participate.
(2) Benefits under these systems must be reasonably related to participant tenure and
contributions.
....
(f) Retirement Systems Not Belonging to a Statewide System. The board of trustees of
a system or program that provides retirement and related disability and death benefits for public
officers and employees and that does not participate in a statewide public retirement system
shall:
(1) administer the system or program of benefits;
(2) hold the assets of the system or program for the exclusive purposes of providing
benefits to participants and their beneficiaries and defraying reasonable expenses of
administering the system or program; and
(3) select legal counsel and an actuary and adopt sound actuarial assumptions to be used
by the system or program.
....
Active 20882947 2
Exhibit 5
Excerpts from Texas Government Code § 810.001
....
(b) Except as provided by Subsection (d), the governing body of a political entity may
establish and maintain a public retirement system for its appointive officers and employees
and determine the benefits, funding source and amount, and administration of the system. Each
active member of a public retirement system established under the authority provided by this
section shall contribute to the system an amount, if any, determined by the political entity. The
political entity shall contribute for each active member in a defined contribution plan or a
defined benefit plan an amount determined by the political entity to be required to meet the
system's benefit plan.
....
(d) The authority granted by Subsections (b) and (c) does not apply to a political entity
to the extent that the entity, by specific statute, is:
(1) required to establish or participate exclusively in a particular public retirement
system; or
(2) prohibited from establishing or participating in any public retirement system or in a
particular retirement system.
....
Active 20882912 1
Respectfully submitted,
BAKER BOTTS L.L.P.
By /s/ Travis J. Sales
Travis J. Sales
State Bar No. 17532080
Tina Q. Nguyen
State Bar No. 24078670
One Shell Plaza
910 Louisiana Street
Houston, Texas 77002
713.2291234
713.229.1522 (facsimile)
travis.sales@bakerbotts.com
tina.nguyen@bakerbotts.com
Thomas R. Phillips
State Bar No. 00000102
BAKER BOTTS L.L.P.
98 San Jacinto Boulevard
Suite 1500
Austin, Texas 78701-4078
512.322.2500
512.322.2501 (facsimile)
tom.phillips@bakerbotts.com
ATTORNEYS FOR APPELLEE
HOUSTON FIREFIGHTERS’ RELIEF
AND RETIREMENT FUND
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was served by electronic mail on all counsel of
record listed below on September 28, 2015. I also certify that a bound copy of this
document will be provided to counsel of record at the time of oral argument.
Counsel for Appellant:
David M. Feldman, City Attorney
Judith L. Ramsey, Chief, General Litigation Section
John B. Wallace, Senior Assistant City Attorney
CITY OF HOUSTON LEGAL DEPARTMENT
900 Bagby Street, 4th Floor
Houston, Texas 77002
832.393.6491
832.393.6259 (Facsimile)
david.feldman@houstontx.gov
judith.ramsey@houstontx.gov
john.wallace@houstontx.gov
/s/Travis J. Sales
Travis J. Sales