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Texas Government Code - GOV'T § 852.005. Status as a Municipality

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 852.005. Status as a Municipality - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-852-005/

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