89th Legislature Regular Session

HB 3161

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3161 proposes an amendment to Section 855.401(a) of the Texas Government Code, which governs member contributions to the Texas Municipal Retirement System (TMRS). The primary change in this bill is to expand the range of allowable employee contribution rates that a participating municipality can choose from. Currently, municipalities may set employee contributions at 5%, 6%, or 7% of compensation. HB 3161 would add 8% as a new allowable option.

Under TMRS, individual municipalities join the retirement system by ordinance and are permitted to designate a single employee contribution rate for all participating departments. The bill preserves a grandfather clause for municipalities that, prior to September 1, 1991, had varying contribution rates across departments—they may continue to operate under those older ordinances until they choose to equalize rates. HB 3161 does not alter this clause but simply adds an additional tier to the current options for employee contributions.

The legislation's practical effect is to give municipalities greater flexibility in structuring their retirement benefit funding by potentially increasing the employee contribution rate. This change could impact municipal workforce compensation structures and long-term pension funding strategies across participating cities in Texas.
Author
Denise Villalobos
Lauren Simmons
Sponsor
Adam Hinojosa
Co-Sponsor
Juan Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3161 is not expected to have a significant fiscal impact on the State of Texas. The legislation permits municipalities participating in the Texas Municipal Retirement System (TMRS) to adopt an additional member contribution rate of 8%, expanding the current options of 5%, 6%, or 7%. Since TMRS is a local retirement system, the bill does not directly affect state funding obligations or appropriations.

However, for local governments, particularly the municipalities participating in TMRS, the fiscal implications could be more substantial. According to TMRS, if a municipality elects to adopt the new 8% contribution rate, it could face significant costs and adverse actuarial impacts. This suggests that while the bill is permissive and optional in nature, cities choosing the higher rate might incur increased long-term financial liabilities or be required to adjust their actuarial funding strategies to maintain pension stability.

TMRS also noted that the administrative impact of implementing the change across the system would not be significant. Therefore, while operationally the bill is straightforward for the retirement system, cities should carefully assess the financial sustainability of adopting the higher contribution rate for employees. This decision could affect municipal budgets and employee take-home pay, depending on how the increased contribution rate is implemented.

Vote Recommendation Notes

HB 3161 proposes a straightforward and limited modification to the Texas Municipal Retirement System (TMRS) by allowing participating municipalities to adopt an employee contribution rate of 8%, expanding the current statutory options of 5%, 6%, or 7%. This bill is permissive in nature—it does not mandate any action but instead gives local governments more flexibility to align their retirement contribution structures with fiscal realities and workforce retention strategies. Especially in today’s competitive job market, this added flexibility can serve as a useful tool for municipalities seeking to attract and retain qualified employees.

Importantly, the bill does not expand the size or regulatory scope of state government, impose new mandates, or increase burdens on taxpayers. The Legislative Budget Board projects no significant fiscal impact at the state level, and the Texas Municipal Retirement System has indicated that it can implement this change without substantial administrative cost. While the bill could lead to higher employee contributions in cities that opt for the 8% rate, this would be a locally determined decision and does not constitute a new state-imposed burden. The bill leaves discretion entirely in the hands of municipal leaders and preserves longstanding local governance authority.

HB 3161 also maintains neutrality regarding regulatory burden. It does not impose any new requirements on private businesses or individuals outside the public employment context, nor does it create any new compliance regimes. The policy change is confined to public-sector retirement administration and preserves current statutory provisions regarding uniform contribution rates within departments.

In light of its limited scope, local control emphasis, and alignment with fiscally responsible retirement planning, Texas Policy Research recommends that lawmakers vote YES on HB 3161. It strikes an appropriate balance between flexibility and accountability without introducing new costs or mandates, making it consistent with core principles of limited government and responsible public finance. Texas Policy Research recommends that lawmakers vote YES on HB 3161.

  • Individual Liberty: The bill does not directly infringe upon individual rights, but it may affect public employees' financial autonomy. If a municipality increases the employee contribution rate to 8%, workers would see a larger portion of their paycheck directed to retirement, potentially without their direct consent. While this enhances retirement savings, it could reduce short-term financial freedom unless offset by other compensation adjustments.
  • Personal Responsibility: Encouraging or allowing for a higher employee contribution rate supports the principle of personal responsibility by fostering greater retirement savings. It helps ensure that public employees are investing more in their own financial futures, potentially reducing reliance on future government assistance or underfunded pensions.
  • Free Enterprise: HB 3161 does not impact private-sector businesses or market competition. However, by helping municipalities better compete in the labor market for talent through more attractive pension structures, the bill could indirectly promote healthier public-private employment dynamics.
  • Private Property Rights: The bill does not impact private property rights, as it deals solely with public employee compensation structures within the framework of TMRS.
  • Limited Government: The bill reinforces local control by giving municipalities a broader menu of contribution rate options without imposing new mandates or centralized rules. This respects the principle of subsidiarity—empowering local governments to make decisions best suited to their unique financial and workforce needs. However, some caution could be warranted if municipalities adopt the higher rate without transparency or employee input.
Related Legislation
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