34 TAC §301.1, §301.2
The Office of the Fire Fighters' Pension Commission adopts
amendments to §301.1 and §301.2, concerning definitions and the
scope of the rules and regulations, without changes to the proposed text as
published in the September 4, 1998, issue of the
Texas Register
(23 TexReg 9000).
The amendments to §301.1 are made in order to clarify the definitions,
to delete unnecessary references to statute and to remove inapplicable language.
The amended definitions can be more easily understood by members and participating
departments in the Texas Statewide Emergency Services Personnel Retirement
Fund. The amendment to §301.2 deletes narrative language explaining the
background history of the applicability of the Fair Labor Standards Act so
that the Rule simply provides that participation in the Senate Bill 411 system
(the Texas Statewide Emergency Services Personnel Retirement Fund) is affected
by the Fair Labor Standards Act, and its attendant regulations, and that questions
concerning the applicability of the Fair Labor Standards Act should be directed
to a participating department's attorney. The purpose of the proposed amendment
is to remove the Office of the Fire Fighters' Pension Commissioner from the
position of being called on for legal advice concerning federal law by departments
participating in the Texas Statewide Emergency Services Personnel Retirement
Fund.
There were no comments received regarding adoption of the amendments.
The amendments are adopted under the authority of Article 6243e.3,
§21(b), Vernon's Texas Civil Statutes which provides the Board of Trustees
of the Texas Statewide Emergency Services Personnel Retirement Fund with the
authority to establish rules necessary for the administration of the Fund.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
30, 1998.
TRD-9818596
Morris E. Sandefer
Commissioner
Fire Fighters' Pension Commission
Effective date: January 19, 1999
Proposal publication date: September 4, 1998
For further information, please call: (512) 936-3372