Texas Statutes
Chapter 861 - General Provisions
Section 861.001. Definitions

Sec. 861.001. DEFINITIONS. In this subtitle:
(1) "Actuarially sound pension system" means a system in which the amount of contributions is sufficient to cover the normal cost and amortize the unfunded accrued actuarial liability in a period that does not exceed 30 years.
(2) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(1), eff. September 1, 2019.
(3) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1316, Sec. 4.01(2), eff. June 14, 2013.
(4) "Dependent" means an unmarried child, natural or adopted, who:
(A) is less than 18 years of age;
(B) is less than 19 years of age and a full-time student at an elementary or secondary school; or
(C) became permanently disabled before the child's 22nd birthday, as determined by the executive director.
(5) "Emergency services" means only those services relating to fire, rescue, emergency medical services, and emergency response services.
(5-a) "Executive director" means the person appointed executive director under Section 865.0095.
(6) "Fund" means the Texas emergency services retirement fund.
(6-a) "Governing body of a department" or "governing body of a participating department" means:
(A) the board of trustees or other governing body of the department; or
(B) if the department does not have a governing body, the governing body of the political subdivision.
(6-b) "Governing body of a political subdivision" means the governing body of the political subdivision or unit of government of which the department is a part.
(7) "Local board" means a local board of trustees established under Section 865.012.
(8) "Member" means a person having membership in the pension system under Section 862.002.
(8-a) "Participating department" means a department that elects to participate in the pension system under Section 862.001.
(8-b) "Participating department head" means the person designated as a participating department head under Section 865.0115.
(9) "Pension system" means the Texas Emergency Services Retirement System.
(10) "Qualified service" means service performed:
(A) for a participating department that conducts at least 48 hours of training in a calendar year; and
(B) by a member in good standing in the department who:
(i) attends at least 20 hours of annual training and at least 25 percent of the department's emergencies in a calendar year;
(ii) attends at least 20 hours of annual training and provides support services for at least 25 percent of the department's emergencies in a calendar year; or
(iii) does not attend because the member is absent because of military duty.
(10-a) "Retiree" means a person who receives a service or disability retirement benefit from the pension system.
(11) "State board" means the state board of trustees established under Section 865.001.
(11-a) "Support services" means services that directly assist in the delivery of emergency services. The term includes:
(A) directing traffic at an emergency scene;
(B) dispatching emergency services personnel;
(C) driving an emergency services vehicle;
(D) supplying or maintaining equipment at an emergency scene;
(E) providing essential recordkeeping for a participating department; and
(F) other similar services as determined by a participating department.
(12) "Volunteer" means a person who performs emergency services for civic, charitable, or humanitarian reasons, receives no monetary compensation from a participating department, and is not subject to the compensation requirements provided for employees by the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.).
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.01, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 4.01(2), eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(1), eff. September 1, 2019.