1-1  By:  Johnson (Senate Sponsor - Barrientos)            H.B. No. 2711
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 18, 1993, read first time and referred to Committee on Finance;
    1-4  May 21, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; May 21, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner             x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins                                         x   
   1-14        Ellis              x                               
   1-15        Haley              x                               
   1-16        Moncrief                                       x   
   1-17        Parker                                         x   
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 2711              By:  Barrientos
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the administration of, benefits payable by, eligibility
   1-26  for benefits payable by, and credit under programs administered by,
   1-27  the Teacher Retirement System of Texas; prohibiting certain
   1-28  interests in contracts; and providing for the sunset review of the
   1-29  system.
   1-30        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-31        SECTION 1.  Section 821.001, Government Code, is amended by
   1-32  adding Subdivisions (18) and (19) to read as follows:
   1-33              (18)  "Alternate payee" has the meaning assigned that
   1-34  term by Section 804.001.
   1-35              (19)  "Beneficiary" means the person or entity who,
   1-36  under a valid written designation or by law, is entitled to receive
   1-37  benefits payable by the retirement system on the death of a member
   1-38  or annuitant.
   1-39        SECTION 2.  Section 823.401, Government Code, is amended by
   1-40  amending Subsections (c) and (f) and adding Subsection (h) to read
   1-41  as follows:
   1-42        (c)  A member eligible to establish credit under this section
   1-43  is one who has at least five <10> years of service credit in the
   1-44  retirement system for actual service in public schools.
   1-45        (f)  The amount of service credit a member may establish
   1-46  under this section may not exceed the lesser of the number of years
   1-47  of membership service credit the member has in the retirement
   1-48  system for actual service in public schools or 10 years.
   1-49        (h)  A member purchasing out-of-state service credit does not
   1-50  qualify for insurance coverage until the member has 10 or more
   1-51  years of membership service credit for actual service in public
   1-52  schools.
   1-53        SECTION 3.  Section 823.402(e), Government Code, is amended
   1-54  to read as follows:
   1-55        (e)  A member may establish credit under this section by
   1-56  depositing with the retirement system for each year of
   1-57  developmental leave claimed an amount equal to the sum of:
   1-58              (1)  the rate of member contributions required during
   1-59  the <member's most recent> year of <service that preceded the
   1-60  developmental> leave, times the member's annual rate of
   1-61  compensation during the member's most recent year of creditable
   1-62  service that preceded the year of leave <that year>; plus
   1-63              (2)  the amount that the state would have contributed
   1-64  had the member performed membership service during the year of
   1-65  leave at the member's annual rate of compensation during the most
   1-66  recent year of service that preceded the leave; plus
   1-67              (3)  any membership fees in effect during the year of
   1-68  leave.
    2-1        SECTION 4.  Section 823.501(b), Government Code, is amended
    2-2  to read as follows:
    2-3        (b)  A person eligible to reinstate service credit under this
    2-4  section is one who resumes membership service in the retirement
    2-5  system <and subsequently performs membership service for the
    2-6  shorter of the following periods:>
    2-7              <(1)  two consecutive years; or>
    2-8              <(2)  a continuous period equal in duration to the
    2-9  period from the date of termination to the date of resumption of
   2-10  membership>.
   2-11        SECTION 5.  Sections 824.101(c) and (e), Government Code, are
   2-12  amended to read as follows:
   2-13        (c)  Only one person may be designated as beneficiary of an
   2-14  optional retirement annuity under Section 824.204(c)(1) or (c)(2),
   2-15  and a designation of beneficiary under either of those options may
   2-16  not be made, changed, or revoked after the later of the date on
   2-17  which the retirement system makes the first annuity payment to the
   2-18  retiree or the date the first payment becomes due.  For purposes of
   2-19  this section, the term "makes payment" includes the depositing in
   2-20  the mail of a payment warrant or the crediting of an account with
   2-21  payment through electronic funds transfer <of the member's
   2-22  retirement>.
   2-23        (e)  The retirement system by rule may provide for the
   2-24  designation of alternate beneficiaries and may adopt other rules to
   2-25  administer this section.
   2-26        SECTION 6.  Section 824.204(a), Government Code, is amended
   2-27  to read as follows:
   2-28        (a)  Instead of the standard service retirement annuity
   2-29  payable under Section 824.203 or an annuity reduced because of age
   2-30  under Section 824.202, a retiring member may elect to receive an
   2-31  optional service retirement annuity, reduced for early retirement
   2-32  if applicable, under this section.  An election to receive an
   2-33  optional service retirement annuity must be filed with the board of
   2-34  trustees not later than the effective date of retirement.
   2-35        SECTION 7.  Subchapter C, Chapter 824, Government Code, is
   2-36  amended by adding Section 824.206 to read as follows:
   2-37        Sec. 824.206.  CHANGE OF SERVICE RETIREMENT ANNUITY PAYMENT
   2-38  PLAN.  (a)  A retiree may change the retiree's choice of service
   2-39  retirement annuity payment plans after the retiree's effective date
   2-40  of retirement by filing written notice with the board of trustees
   2-41  before the later of the date on which the retirement system makes
   2-42  the first annuity payment or the date the first payment becomes
   2-43  due.  After the first payment has been made by the retirement
   2-44  system or has become due, a retiree may not change the annuity
   2-45  payment plan selected.
   2-46        (b)  For purposes of this section, the term "makes payment"
   2-47  includes the depositing in the mail of a payment warrant or the
   2-48  crediting of an account with payment through electronic funds
   2-49  transfer.
   2-50        (c)  The retirement system may adopt rules to administer this
   2-51  section.
   2-52        SECTION 8.  Section 824.304(d), Government Code, is
   2-53  redesignated as Section 824.304(c) to read as follows:
   2-54        (c) <(d)>  Before the 31st day after the date on which the
   2-55  medical board certifies a member's disability, the member may
   2-56  reinstate withdrawn contributions and make deposits for service
   2-57  previously waived, military service, and equivalent membership
   2-58  service and receive service credit as provided by this subtitle.
   2-59        SECTION 9.  Section 824.308(a), Government Code, is amended
   2-60  to read as follows:
   2-61        (a)  Instead of an annuity payable under Section 824.304(b),
   2-62  a member retiring under that section may elect to receive an
   2-63  optional disability retirement annuity under this section.  An
   2-64  election to receive an optional disability retirement annuity must
   2-65  be filed with the board of trustees not later than the effective
   2-66  date of retirement.
   2-67        SECTION 10.  Subchapter D, Chapter 824, Government Code, is
   2-68  amended by adding Section 824.309 to read as follows:
   2-69        Sec. 824.309.  CHANGE OF DISABILITY RETIREMENT PAYMENT PLAN.
   2-70  (a)  A retiree may change the retiree's choice of disability
    3-1  retirement payment plans after the retiree's effective date of
    3-2  retirement by filing written notice with the board of trustees
    3-3  before the later of the date on which the retirement system makes
    3-4  the first annuity payment or the date the first payment becomes
    3-5  due.  After the first payment has been made by the retirement
    3-6  system or has become due, a retiree may not change the annuity
    3-7  payment plan selected.
    3-8        (b)  For purposes of this section, the term "makes payment"
    3-9  includes the depositing in the mail of a payment warrant or the
   3-10  crediting of an account with payment through electronic funds
   3-11  transfer.
   3-12        (c)  The retirement system may adopt rules to administer this
   3-13  section.
   3-14        SECTION 11.  Sections 824.404(b), (c), and (d), Government
   3-15  Code, are amended to read as follows:
   3-16        (b)  If the designated beneficiary is the spouse or a
   3-17  dependent parent of the decedent, the beneficiary may elect to
   3-18  receive for life a monthly benefit of $150 <$100>, beginning
   3-19  immediately or on the date the beneficiary becomes 65 years old,
   3-20  whichever is later.
   3-21        (c)  If the designated beneficiary is the spouse of the
   3-22  decedent and has one or more children less than 18 years old or has
   3-23  custody of one or more children of the decedent who are less than
   3-24  18 years old, the designated beneficiary may elect to receive:
   3-25              (1)  a monthly benefit of $250 <$200> payable until the
   3-26  youngest child becomes 18 years old; and
   3-27              (2)  when the youngest child has attained the age of
   3-28  18, a monthly benefit for life of $150 <$100>, beginning on the
   3-29  date the beneficiary becomes 65 years old.
   3-30        (d)  If the designated beneficiary or beneficiaries are the
   3-31  decedent's dependent children who are less than 18 years old, their
   3-32  guardian may elect to receive for them:
   3-33              (1)  a monthly benefit of $250 <$200>, payable as long
   3-34  as two or more children are less than 18 years old; and
   3-35              (2)  a monthly benefit of $150 <$100>, payable as long
   3-36  as only one child is less than 18 years old.
   3-37        SECTION 12.  Subchapter A, Chapter 825, Government Code, is
   3-38  amended by adding Sections 825.0031 and 825.0032 to read as
   3-39  follows:
   3-40        Sec. 825.0031.  NONDISCRIMINATION IN APPOINTMENTS.
   3-41  Appointments to the board shall be made without regard to the race,
   3-42  color, disability, sex, religion, age, or national origin of the
   3-43  appointees.
   3-44        Sec. 825.0032.  INELIGIBILITY FOR BOARD AND OF CERTAIN
   3-45  EMPLOYEES.  (a)  Except as provided by Subsection (b), a person is
   3-46  not eligible for appointment to the board if the person or the
   3-47  person's spouse:
   3-48              (1)  is employed by or participates in the management
   3-49  of a business entity or other organization receiving funds from the
   3-50  retirement system; or
   3-51              (2)  owns or controls, directly or indirectly, more
   3-52  than a 10 percent interest in a business entity or other
   3-53  organization receiving funds from the retirement system.
   3-54        (b)  Subsection (a) does not apply to employment by,
   3-55  participation in the management of, or ownership or control of an
   3-56  interest in a business entity or other organization on behalf of
   3-57  the retirement system.
   3-58        (c)  A paid officer, employee, or consultant of a Texas trade
   3-59  association in the field of investment or insurance may not be a
   3-60  trustee or an employee of the retirement system who is exempt from
   3-61  the state's position classification plan or is compensated at or
   3-62  above the amount prescribed by the General Appropriations Act for
   3-63  step 1, salary group 17, of the position classification salary
   3-64  schedule.
   3-65        (d)  A person who is the spouse of a paid officer, manager,
   3-66  or consultant of a Texas trade association in the field of
   3-67  investment or insurance may not be a trustee and may not be an
   3-68  employee of the retirement system who is exempt from the state's
   3-69  position classification plan or is compensated at or above the
   3-70  amount prescribed by the General Appropriations Act for step 1,
    4-1  salary group 17, of the position classification salary schedule.
    4-2        (e)  For the purposes of this section, a Texas trade
    4-3  association is a nonprofit, cooperative, and voluntarily joined
    4-4  association of business or professional competitors in this state
    4-5  designed to assist its members and its industry or profession in
    4-6  dealing with mutual business or professional problems and in
    4-7  promoting their common interest.
    4-8        (f)  A person may not serve as a trustee or act as the
    4-9  general counsel to the board if the person is required to register
   4-10  as a lobbyist under Chapter 305 because of the person's activities
   4-11  for compensation on behalf of a business or an association related
   4-12  to the operation of the board.
   4-13        SECTION 13.  Section 825.006, Government Code, is amended to
   4-14  read as follows:
   4-15        Sec. 825.006.  SUNSET PROVISION.  The board of trustees of
   4-16  the Teacher Retirement System of Texas is subject to review under
   4-17  Chapter 325 (Texas Sunset Act), but is not abolished under that
   4-18  chapter.  The board shall be reviewed during the period in which
   4-19  state agencies abolished in 1995 <1993 and every 12th year after
   4-20  1993> are reviewed.  This section expires September 1, 1995.
   4-21        SECTION 14.  Subchapter A, Chapter 825, Government Code, is
   4-22  amended by adding Section 825.010 to read as follows:
   4-23        Sec. 825.010.  GROUNDS FOR REMOVAL OF TRUSTEE.  (a)  It is a
   4-24  ground for removal from the board if a trustee:
   4-25              (1)  violates a prohibition established by Section
   4-26  825.0032;
   4-27              (2)  cannot discharge the person's duties for a
   4-28  substantial part of the term for which the person is appointed
   4-29  because of illness or disability; or
   4-30              (3)  is absent from more than half of the regularly
   4-31  scheduled board meetings that the person is eligible to attend
   4-32  during a calendar year unless the absence is excused by majority
   4-33  vote of the board.
   4-34        (b)  The validity of an action of the board is not affected
   4-35  by the fact that it is taken when a ground for removal of a trustee
   4-36  exists.
   4-37        (c)  If the executive director has knowledge that a potential
   4-38  ground for removal exists, the executive director shall notify the
   4-39  chairman of the board of the ground.  The chairman shall then
   4-40  notify the appropriate appointing officer or body that a potential
   4-41  ground for removal exists.
   4-42        SECTION 15.  Subchapter B, Chapter 825, Government Code, is
   4-43  amended by adding Sections 825.113 and 825.114 to read as follows:
   4-44        Sec. 825.113.  MISCELLANEOUS BOARD DUTIES.  (a)  The board
   4-45  shall provide to its trustees and employees, as often as necessary,
   4-46  information regarding their qualification for office or employment
   4-47  under this chapter and their responsibilities under applicable laws
   4-48  relating to standards of conduct for state officers or employees.
   4-49        (b)  The board shall develop and implement policies that
   4-50  clearly define the respective responsibilities of the board and the
   4-51  staff of the retirement system.
   4-52        (c)  The board shall prepare information of interest to the
   4-53  retirement system's members describing the functions of the system
   4-54  and the system's procedures by which complaints are filed with and
   4-55  resolved by the system.  The system shall make the information
   4-56  available to the system's members and appropriate state agencies.
   4-57        (d)  The board by rule shall establish methods by which
   4-58  members are notified of the name, mailing address, and telephone
   4-59  number of the retirement system for the purpose of directing
   4-60  complaints to the system.
   4-61        (e)  The board shall develop and implement policies that
   4-62  provide the public with a reasonable opportunity to appear before
   4-63  the board and to speak on any issue under the jurisdiction of the
   4-64  board.
   4-65        (f)  The board shall prepare and maintain a written plan that
   4-66  describes how a person who does not speak English can be provided
   4-67  reasonable access to the board's programs.  The board shall also
   4-68  comply with federal and state laws for program and facility
   4-69  accessibility.
   4-70        Sec. 825.114.  ADVISORY COMMITTEES.  (a)  The board of
    5-1  trustees may establish advisory committees as it considers
    5-2  necessary to assist it in performing its duties.  Members of
    5-3  advisory committees established under this section serve at the
    5-4  pleasure of the board.
    5-5        (b)  Notwithstanding any other law to the contrary, the board
    5-6  of trustees by rule shall determine the amount and manner of any
    5-7  compensation or expense reimbursement to be paid members of an
    5-8  advisory committee performing service for the retirement system for
    5-9  performing the work of the advisory committee.  All compensation
   5-10  and expense reimbursements for an advisory committee established
   5-11  under this section are payable from the expense account or the
   5-12  retired school employees group insurance fund, as applicable.
   5-13        (c)  Notwithstanding any other law to the contrary, the size
   5-14  and composition of advisory committees created by statute for the
   5-15  retirement system or required by statute to be created by the
   5-16  retirement system are as provided by the statute creating or
   5-17  providing for the creation of the particular committee.
   5-18        SECTION 16.  Section 825.202, Government Code, is amended to
   5-19  read as follows:
   5-20        Sec. 825.202.  EXECUTIVE DIRECTOR <SECRETARY>.  (a)  The
   5-21  board of trustees, by a majority vote of all members, shall appoint
   5-22  an executive director <secretary>.
   5-23        (b)  The executive director <secretary> may not be a member
   5-24  of the board of trustees.
   5-25        (c)  To be eligible to serve as the executive director
   5-26  <secretary>, a person must have been a citizen of this state for
   5-27  the three years immediately preceding the appointment.
   5-28        (d)  The executive director <secretary> shall recommend to
   5-29  the board actuarial and other services necessary to administer the
   5-30  retirement system.
   5-31        (e)  Annually, the executive director <secretary> shall
   5-32  prepare an itemized expense budget for the following fiscal year
   5-33  and shall submit the budget to the board for review and adoption.
   5-34        SECTION 17.  Section 825.206, Government Code, is amended by
   5-35  adding Subsection (c) to read as follows:
   5-36        (c)  The board of trustees annually shall evaluate the
   5-37  performance of the actuary during the previous year.  At least once
   5-38  every three years, the board shall redesignate its actuary after
   5-39  advertising for and reviewing proposals from providers of actuarial
   5-40  services.
   5-41        SECTION 18.  Section 825.207(b), Government Code, is amended
   5-42  to read as follows:
   5-43        (b)  The state treasurer shall pay money from the accounts of
   5-44  the retirement system on warrants drawn by the comptroller of
   5-45  public accounts and authorized by vouchers signed by the executive
   5-46  director <secretary> or other persons designated by the board of
   5-47  trustees.
   5-48        SECTION 19.  Sections 825.209(b) and (c), Government Code,
   5-49  are amended to read as follows:
   5-50        (b)  The executive director <secretary> shall give a surety
   5-51  bond in the amount of $25,000.
   5-52        (c)  The board of trustees may require any trustee or
   5-53  employee of the board, other than the executive director
   5-54  <secretary>, to give a surety bond in an amount determined by the
   5-55  board.
   5-56        SECTION 20.  Subchapter C, Chapter 825, Government Code, is
   5-57  amended by adding Sections 825.211, 825.212, 825.213, and 825.214
   5-58  to read as follows:
   5-59        Sec. 825.211.  CERTAIN INTERESTS IN LOANS, INVESTMENTS, OR
   5-60  CONTRACTS PROHIBITED.  (a)  Except as provided by Subsection (c), a
   5-61  person described by Subsection (b) may not participate in or be the
   5-62  beneficiary of, directly or indirectly, a loan, commitment to lend,
   5-63  a guarantee or endorsement to lend, or investment by the retirement
   5-64  system or a contract to advise the system or manage property or
   5-65  investments for the system.
   5-66        (b)  The prohibition provided by Subsection (a) applies to a
   5-67  trustee or employee of the retirement system, a consultant or
   5-68  advisor to the retirement system, and a person related within the
   5-69  second degree by consanguinity or affinity to a trustee, employee,
   5-70  consultant, or advisor.
    6-1        (c)  The prohibition provided by Subsection (a) does not
    6-2  apply to actions taken by a trustee or employee of the retirement
    6-3  system within the scope of that person's official duties for the
    6-4  system or actions taken by a consultant or advisor within the scope
    6-5  of the services for which the person is being compensated by the
    6-6  retirement system, if the actions do not involve a relationship
    6-7  required to be disclosed under Section 825.212.  The prohibition
    6-8  provided by Subsection (a) does not apply to an indirect benefit
    6-9  received resulting from retirement system membership.
   6-10        Sec. 825.212.  RETIREMENT SYSTEM ETHICS POLICY.  (a)  In
   6-11  addition to any other requirements provided by law, the board of
   6-12  trustees shall enforce an ethics policy as provided by this section
   6-13  for employees of and consultants and advisors to the retirement
   6-14  system.
   6-15        (b)  Each employee of the retirement system who exercises
   6-16  significant decisionmaking or fiduciary authority, as determined by
   6-17  the board, shall file financial disclosure statements with a person
   6-18  designated by the board.  The content of a financial disclosure
   6-19  statement must comply substantially with the requirements of
   6-20  Section 4, Chapter 421, Acts of the 63rd Legislature, Regular
   6-21  Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes).  A
   6-22  statement must be filed not later than the 30th day after the date
   6-23  a person is employed in a significant decisionmaking or fiduciary
   6-24  position and annually after employment not later than April 30.
   6-25  The filing deadline may be postponed by the executive director for
   6-26  not more than 60 days on written request or for an additional
   6-27  period for good cause, as determined by the chairman of the board.
   6-28  The retirement system shall maintain a financial disclosure
   6-29  statement for at least five years after the date of its filing.
   6-30        (c)  An employee who has a business or commercial
   6-31  relationship that could reasonably be expected to diminish the
   6-32  employee's independence of judgment in the performance of the
   6-33  employee's responsibilities to the retirement system shall disclose
   6-34  that relationship in writing to a person designated by the board.
   6-35        (d)  An employee who files a disclosure statement under
   6-36  Subsection (c) shall refrain from giving advice or making decisions
   6-37  about matters affected by the conflict of interest unless the
   6-38  board, after consultation with the general counsel of the
   6-39  retirement system, expressly waives this prohibition.  The
   6-40  retirement system shall maintain a written record of each waiver
   6-41  and the reasons for it.  The board may delegate the authority to
   6-42  waive prohibitions under this subsection to one or more designated
   6-43  employees on a vote of a majority of the members of the board at an
   6-44  open meeting called and held in compliance with Chapter 271, Acts
   6-45  of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
   6-46  Vernon's Texas Civil Statutes).  The board shall have any order
   6-47  delegating authority to waive prohibitions under this section
   6-48  entered into the minutes of the meeting.  The board may adopt
   6-49  criteria for designated employees to use to determine the kinds of
   6-50  relationships that do not constitute a material conflict of
   6-51  interest for purposes of this subsection.
   6-52        (e)  The board by rule shall adopt standards of conduct
   6-53  applicable to consultants and advisors to the retirement system who
   6-54  may reasonably be expected to receive more than $10,000
   6-55  compensation from the system for a fiscal year or who render
   6-56  important investment advice to the retirement system.
   6-57        (f)  A consultant or advisor who, directly or indirectly, has
   6-58  a personal or private commercial or business relationship,
   6-59  unrelated to the services that the consultant or advisor performs
   6-60  for the retirement system, with any other party to a transaction
   6-61  with the system that could reasonably be expected to diminish the
   6-62  person's independence of judgment in the performance of the
   6-63  person's responsibilities to the system shall disclose that
   6-64  relationship in writing to the executive director.
   6-65        (g)  The board by rule shall require consultants and advisors
   6-66  to the retirement system and brokers to file regularly with the
   6-67  system a report detailing any expenditure of more than $50 made on
   6-68  behalf of a trustee or employee of the system.
   6-69        (h)  The board shall prescribe forms for financial disclosure
   6-70  statements, disclosure statements of conflicts of interest, and
    7-1  waivers of the prohibition against involvement in a matter affected
    7-2  by a conflict of interest.  The statements and waivers are open
    7-3  records.  The board shall designate an employee to be the custodian
    7-4  of the statements and waivers for purposes of public disclosure.
    7-5        Sec. 825.213.  EMPLOYMENT PRACTICES.  (a)  The executive
    7-6  director or the executive director's designee shall develop an
    7-7  intra-agency career ladder program.  The program shall require
    7-8  intra-agency posting of all nonentry level positions concurrently
    7-9  with any public posting.
   7-10        (b)  The executive director or the executive director's
   7-11  designee shall develop a system of annual performance evaluations.
   7-12  All merit pay for system employees must be based on the system
   7-13  established under this subsection.
   7-14        (c)  The executive director or the executive director's
   7-15  designee shall prepare and maintain a written policy statement to
   7-16  assure implementation of a program of equal employment opportunity
   7-17  under which all personnel transactions are made without regard to
   7-18  race, color, disability, sex, religion, age, or national origin.
   7-19  The policy statement must include:
   7-20              (1)  personnel policies, including policies relating to
   7-21  recruitment, evaluation, selection, appointment, training, and
   7-22  promotion of personnel that are in compliance with requirements of
   7-23  the Commission on Human Rights Act (Article 5221k, Vernon's Texas
   7-24  Civil Statutes);
   7-25              (2)  a comprehensive analysis of the retirement
   7-26  system's work force that meets federal and state guidelines;
   7-27              (3)  procedures by which a determination can be made of
   7-28  significant underuse in the retirement system's work force of all
   7-29  persons for whom federal or state guidelines encourage a more
   7-30  equitable balance; and
   7-31              (4)  reasonable methods to appropriately address those
   7-32  areas of significant underuse.
   7-33        (d)  A policy statement prepared under Subsection (c) must
   7-34  cover an annual period, be updated annually and reviewed by the
   7-35  Commission on Human Rights for compliance with Subsection (c), and
   7-36  be filed with the governor's office.
   7-37        (e)  The governor's office shall deliver a biennial report to
   7-38  the legislature based on the information received under Subsection
   7-39  (d).  The report may be made separately or as a part of other
   7-40  biennial reports made to the legislature.
   7-41        Sec. 825.214.  FINANCIAL AUDITOR.  A person employed to
   7-42  perform a financial audit of the retirement system must be selected
   7-43  by and report to the board of trustees.
   7-44        SECTION 21.  Subchapter D, Chapter 825, Government Code, is
   7-45  amended by adding Section 825.3021 to read as follows:
   7-46        Sec. 825.3021.  APPRAISAL AND SALE OF REAL PROPERTY.  If the
   7-47  retirement system acquires, through foreclosure or conveyance of
   7-48  deed in lieu of foreclosure, real property assets or stock in an
   7-49  entity the major asset of which is real property, the retirement
   7-50  system shall, not later than the 90th day after the date of
   7-51  acquisition:
   7-52              (1)  have the real property appraised by an appraiser
   7-53  who is not a trustee or employee of the retirement system and who
   7-54  is certified as MAI or SRA;
   7-55              (2)  acquire a foreclosure endorsement to the
   7-56  mortgagee's title insurance policy; and
   7-57              (3)  if the real property contains improvements, employ
   7-58  an individual who is not, or a property management company that is
   7-59  not owned by, a trustee or employee of the retirement system and
   7-60  who is, or that employs, a CPM, CAM, or RAM to manage the property.
   7-61        SECTION 22.  Section 825.303(b), Government Code, is amended
   7-62  to read as follows:
   7-63        (b)  To be eligible to lend securities under this section, a
   7-64  bank or brokerage firm must:
   7-65              (1)  be experienced in the operation of a fully secured
   7-66  securities loan program;
   7-67              (2)  maintain adequate capital in the prudent judgment
   7-68  of the retirement system to assure the safety of the securities;
   7-69              (3)  execute an indemnification agreement satisfactory
   7-70  in form and content to the retirement system fully indemnifying the
    8-1  retirement system against loss resulting from borrower default or
    8-2  the failure of the bank or brokerage firm to properly execute the
    8-3  responsibilities of the bank or brokerage firm under the applicable
    8-4  securities lending agreement <its operation of a securities loan
    8-5  program for the system's securities>; <and>
    8-6              (4)  require any securities broker or dealer to whom it
    8-7  lends securities belonging to the retirement system to deliver to
    8-8  and maintain with the custodian collateral in the form of cash or
    8-9  <United States> government securities eligible for book entry in
   8-10  either the Federal Reserve System or the Participants Trust
   8-11  Company, in an amount equal to not less than 100 percent of the
   8-12  market value, from time to time, of the loaned securities; and
   8-13              (5)  comply with guidelines the board of trustees may
   8-14  adopt concerning the investment of cash collateral, borrower
   8-15  limits, and other items.
   8-16        SECTION 23.  Section 825.311, Government Code, is amended to
   8-17  read as follows:
   8-18        Sec. 825.311.  INTEREST ACCOUNT.  In the interest account the
   8-19  retirement system shall:
   8-20              (1)  deposit all income, interest, and dividends from
   8-21  deposits and investments of assets of the retirement system; <and>
   8-22              (2)  accumulate net capital gains and losses resulting
   8-23  from the sale, call, maturity, <or> conversion, or recognition of
   8-24  changes in carrying values of investments of the retirement system;
   8-25  and
   8-26              (3)  accumulate net income or losses from other
   8-27  investments <of securities>.
   8-28        SECTION 24.  Section 825.312(a), Government Code, is amended
   8-29  to read as follows:
   8-30        (a)  The retirement system shall deposit in the expense
   8-31  account:
   8-32              (1)  all membership fees required by this subtitle;
   8-33  <and>
   8-34              (2)  money required to be deposited in the account by
   8-35  Section 825.313(b)(3) or 825.313(c); and
   8-36              (3)  money received from the Texas Public School
   8-37  Retired Employees Group Insurance Program for service performed for
   8-38  the program by the retirement system.
   8-39        SECTION 25.  Sections 825.403(b) and (c), Government Code,
   8-40  are amended to read as follows:
   8-41        (b)  Each employer or the employer's designated disbursing
   8-42  officer, at a time and in a form prescribed by the retirement
   8-43  system, shall send to the executive director <secretary> all
   8-44  deductions and a certification of earnings of each member employed
   8-45  by the employer.
   8-46        (c)  The executive director <secretary> shall deposit with
   8-47  the state treasurer all deductions received by the executive
   8-48  director <secretary>.
   8-49        SECTION 26.  Section 825.405(d), Government Code, is amended
   8-50  to read as follows:
   8-51        (d)  The employer must remit the amount required under this
   8-52  section to the executive director <secretary> at the same time that
   8-53  the employer remits the member's contribution.
   8-54        SECTION 27.  Sections 825.410(a) and (g), Government Code,
   8-55  are amended to read as follows:
   8-56        (a)  Payments to establish special service credit as
   8-57  authorized in Sections 805.002, 823.202, 823.302, 823.304, 823.401,
   8-58  823.402, 823.501, and 825.403 may be made in a lump sum or in equal
   8-59  monthly installments over a period not to exceed the lesser of the
   8-60  number of years of credit to be purchased or 60 months.
   8-61  Installment payments are due on the first day of each calendar
   8-62  month in the payment period.  If an installment payment is not made
   8-63  in full within 60 days after the due date, the retirement system
   8-64  may refund all installment payments less fees paid on the lump sum
   8-65  due when installment payments began.  Partial payment of an
   8-66  installment payment may be treated as nonpayment.  A check returned
   8-67  for insufficient funds or a closed account shall be treated as
   8-68  nonpayment.  When two or more consecutive monthly payments have a
   8-69  returned check, a refund may be made.  If the retirement system
   8-70  refunds payments pursuant to this subsection, the member is not
    9-1  permitted to use the installment method of payment for a period of
    9-2  three years from the date of the refund.
    9-3        (g)  A member seeking to establish service credit by using
    9-4  the installment payment method shall pay an additional fee of nine
    9-5  percent per annum calculated on a declining balance method on the
    9-6  lump sum due at the time the installment payment process begins.
    9-7  For purposes of this subsection, the installment payment process
    9-8  begins on the first business day of the month in which the first
    9-9  installment payment becomes due.  None of the additional fees shall
   9-10  be returned to the member or a beneficiary.
   9-11        SECTION 28.  Section 825.503(d), Government Code, is amended
   9-12  to read as follows:
   9-13        (d)  The executive director <secretary> or an authorized
   9-14  representative may certify the authenticity of a photograph,
   9-15  microphotograph, or film of a record reproduced under this section
   9-16  and shall charge a fee for the certified photograph,
   9-17  microphotograph, or film as provided by law.
   9-18        SECTION 29.  Section 825.507, Government Code, as added by
   9-19  Chapter 16, Acts of the 72nd Legislature, Regular Session, 1991, is
   9-20  amended to read as follows:
   9-21        Sec. 825.507.  Confidentiality of Information About Members,
   9-22  Retirees, Annuitants, <or> Beneficiaries, OR ALTERNATE PAYEES.
   9-23  (a)  Information contained in records that are in the custody of
   9-24  the retirement system concerning an individual member, retiree,
   9-25  annuitant, <or> beneficiary, or alternate payee is confidential
   9-26  under Section 3(a)(1), Chapter 424, Acts of the 63rd Legislature,
   9-27  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
   9-28  Statutes), and may not be disclosed in a form identifiable with a
   9-29  specific individual unless:
   9-30              (1)  the information is disclosed to:
   9-31                    (A)  the individual or the individual's attorney,
   9-32  guardian, executor, administrator, conservator, or other person who
   9-33  the executive director <secretary> determines is acting in the
   9-34  interest of the individual or the individual's estate;
   9-35                    (B)  a spouse or former spouse of the individual
   9-36  if the executive director <secretary> determines that the
   9-37  information is relevant to the spouse's or former spouse's interest
   9-38  in member accounts, benefits, or other amounts payable by the
   9-39  retirement system;
   9-40                    (C)  a governmental official or employee if the
   9-41  executive director <secretary> determines that disclosure of the
   9-42  information requested is reasonably necessary to the performance of
   9-43  the duties of the official or employee; or
   9-44                    (D)  a person authorized by the individual in
   9-45  writing to receive the information; or
   9-46              (2)  the information is disclosed pursuant to a
   9-47  subpoena and the executive director <secretary> determines that the
   9-48  individual will have a reasonable opportunity to contest the
   9-49  subpoena.
   9-50        (b)  This section does not prevent the disclosure of the
   9-51  status or identity of an individual as a member, former member,
   9-52  retiree, deceased member or retiree, <or> beneficiary, or alternate
   9-53  payee of the retirement system.
   9-54        (c)  The executive director <secretary> may designate other
   9-55  employees of the retirement system to make the necessary
   9-56  determinations under Subsection (a).
   9-57        (d)  A determination and disclosure under Subsection (a) may
   9-58  be made without notice to the individual member, retiree,
   9-59  annuitant, <or> beneficiary, or alternate payee.
   9-60        SECTION 30.  Section 825.507, Government Code, as added by
   9-61  Chapter 13, Acts of the 72nd Legislature, 1st Called Session, 1991,
   9-62  is redesignated as Section 825.508 to read as follows:
   9-63        Sec. 825.508 <825.507>.  Powers of Attorney.  (a)  A person
   9-64  entitled to payment of an annuity or other benefits administered by
   9-65  the retirement system may direct the retirement system to treat as
   9-66  the authorized representative of the person concerning the
   9-67  disposition of the benefits an attorney-in-fact under a power of
   9-68  attorney that complies with Subsection (b).
   9-69        (b)  The system must honor a power of attorney executed in
   9-70  accordance with Chapter 1, Section 36A, Texas Probate Code.
   10-1        (c)  If the power of attorney is revoked, the retirement
   10-2  system is not liable for payments made to or actions taken at the
   10-3  request of the attorney-in-fact before the date the system receives
   10-4  written notice that the power of attorney has been revoked.
   10-5        SECTION 31.  Subchapter F, Chapter 825, Government Code, is
   10-6  amended by adding Sections 825.509, 825.510, and 825.511 to read as
   10-7  follows:
   10-8        Sec. 825.509.  DIRECT ROLLOVERS.  (a)  This section applies
   10-9  to distributions made on or after January 1, 1993.  Notwithstanding
  10-10  any law governing the retirement system that would otherwise limit
  10-11  a distributee's election under this section, a distributee may
  10-12  elect, at the time and in the manner prescribed by the executive
  10-13  director or the executive director's designee, to have any portion
  10-14  of an eligible rollover distribution from the retirement system
  10-15  paid directly to an eligible retirement plan specified by the
  10-16  distributee in a direct rollover.
  10-17        (b)  An eligible rollover distribution under this section is
  10-18  any distribution of all or a portion of the balance to the credit
  10-19  of the distributee, other than:
  10-20              (1)  a distribution that is one of a series of
  10-21  substantially equal periodic payments made not less frequently than
  10-22  annually for:
  10-23                    (A)  the life or life expectancy of the
  10-24  distributee;
  10-25                    (B)  the joint lives or joint life expectancies
  10-26  of the distributee and the distributee's designated beneficiary; or
  10-27                    (C)  a specified period of 10 years or more;
  10-28              (2)  a distribution to the extent the distribution is
  10-29  required under Section 401(a)(9), Internal Revenue Code of 1986; or
  10-30              (3)  the portion of a distribution that is not
  10-31  includable in gross income for federal income tax purposes.
  10-32        (c)  An eligible retirement plan under this section is an
  10-33  individual retirement account described by Section 408(a), Internal
  10-34  Revenue Code of 1986, an individual retirement annuity described by
  10-35  Section 408(b), Internal Revenue Code of 1986, an annuity plan
  10-36  described by Section 403(a), Internal Revenue Code of 1986, or a
  10-37  qualified trust described by Section 401(a), Internal Revenue Code
  10-38  of 1986, that accepts the distributee's eligible rollover
  10-39  distribution.  However, in the case of an eligible rollover
  10-40  distribution to a surviving spouse, an eligible retirement plan
  10-41  under this section is an individual retirement account or
  10-42  individual retirement annuity.
  10-43        (d)  In this section:
  10-44              (1)  "Direct rollover" means a payment by the
  10-45  retirement system to the eligible retirement plan specified by a
  10-46  distributee.
  10-47              (2)  "Distributee" means a person who receives an
  10-48  eligible rollover distribution from the retirement system and
  10-49  includes an employee or former employee and, regarding the interest
  10-50  of an employee or former employee, the person's surviving spouse or
  10-51  alternate payee.
  10-52        Sec. 825.510.  BUDGET AND INVESTMENT INFORMATION.  (a)  The
  10-53  retirement system annually shall file with the Legislative Budget
  10-54  Board a report showing investments of the retirement system as of
  10-55  the last day of the preceding fiscal year, investments made or
  10-56  disposed of during that year, income or losses in the various kinds
  10-57  of investments, and a comparison of investment performance to
  10-58  nationally recognized indexes.
  10-59        (b)  The retirement system shall file with the Legislative
  10-60  Budget Board for review and comment a copy of each proposed annual
  10-61  budget of the retirement system.
  10-62        Sec. 825.511.  COMPLAINT FILES.  (a)  The retirement system
  10-63  shall keep an information file about each complaint filed with the
  10-64  system that the system has authority to resolve.
  10-65        (b)  If a written complaint is filed with the retirement
  10-66  system that the system has authority to resolve, the system, at
  10-67  least quarterly and until final disposition of the complaint, shall
  10-68  notify the parties to the complaint of the status of the complaint
  10-69  unless the notice would jeopardize an undercover investigation.
  10-70        SECTION 32.  Section 13.913(a),  Education Code, is amended
   11-1  to read as follows:
   11-2        (a)  Each district shall make available to its employees
   11-3  group health coverage provided by a risk pool established by one or
   11-4  more school districts under Chapter 172, Local Government Code, or
   11-5  under a policy of insurance or group contract issued by an insurer,
   11-6  a company subject to Chapter 20, Insurance Code, or a health
   11-7  maintenance organization under the Texas Health Maintenance
   11-8  Organization Act (Chapter 20A, Vernon's Texas Insurance Code).  The
   11-9  coverage must meet the substantive coverage requirements of Article
  11-10  3.51-6, Insurance Code, and any other law applicable to group
  11-11  health insurance policies or contracts issued in this state.  The
  11-12  coverage must include major medical treatment.  In this subsection,
  11-13  "major medical treatment" means a medical, surgical, or diagnostic
  11-14  procedure or intervention that has a significant recovery period,
  11-15  presents a significant risk, employs a general anesthetic, or, in
  11-16  the opinion of the primary physician, involves a significant
  11-17  invasion of bodily integrity that requires the extraction of bodily
  11-18  fluids or an incision or that produces substantial pain,
  11-19  discomfort, or debilitation.  The coverage may include managed care
  11-20  or preventive care.  The cost of the coverage <and> must be
  11-21  comparable to the basic health coverage provided under the Texas
  11-22  Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
  11-23  Vernon's Texas Insurance Code).  The cost of the coverage may be
  11-24  shared by the employees and the district.  Each district shall
  11-25  certify the district's compliance with this subsection to the
  11-26  executive director of the Teacher <Employees> Retirement System of
  11-27  Texas in the manner required by the board of trustees of the
  11-28  Teacher <Employees> Retirement System of Texas.
  11-29        SECTION 33.  Section 2(10), Article 3.50-4, Insurance Code,
  11-30  is amended to read as follows:
  11-31              (10)  "Retiree" means:
  11-32                    (A)  a person who has retired under the Teacher
  11-33  Retirement System of Texas, as provided by Subtitle C, Title 8,
  11-34  Government Code, with at least 10 <or more> years of service credit
  11-35  in the retirement system for actual service in Texas public schools
  11-36  and who is not eligible to be covered by a plan provided under the
  11-37  Texas Employees Uniform Group Insurance Benefits Act (Article
  11-38  3.50-2, Vernon's Texas Insurance Code), or under the Texas State
  11-39  College and University Employees Uniform Insurance Benefits Act
  11-40  (Article 3.50-3, Vernon's Texas Insurance Code); or
  11-41                    (B)  a person who has retired as a disability
  11-42  retiree under Subtitle C, Title 8, Government Code, and is entitled
  11-43  to receive monthly benefits from the retirement system.
  11-44        SECTION 34.  Section 8, Article 3.50-4, Insurance Code, is
  11-45  amended by adding Subsection (l) to read as follows:
  11-46        (l)  The trustee may contract directly with health care
  11-47  providers to provide benefits to participants in the program.
  11-48  Those benefits may include dental care, eye care, hospital care,
  11-49  surgical care and treatment, medical care and treatment,
  11-50  obstetrical care, and prescription drugs, medicines, and prosthetic
  11-51  devices.
  11-52        SECTION 35.  Article 3.50-4, Insurance Code, is amended by
  11-53  adding Section 18C to read as follows:
  11-54        Sec. 18C.  COORDINATED CARE NETWORK.  (a)  The trustee may
  11-55  take action as it determines to be necessary to implement and
  11-56  administer a coordinated care network for the program.  The trustee
  11-57  may contract with health care practitioners or facilities and may
  11-58  establish credentialing committees to evaluate the qualifications
  11-59  of those practitioners and facilities.
  11-60        (b)  The trustee may contract with additional individuals or
  11-61  entities as the trustee determines to be necessary to implement and
  11-62  administer the network.
  11-63        (c)  The trustee, the Texas public school retired employees
  11-64  group insurance program, the retired school employees group
  11-65  insurance fund, and the board of trustees, officers, advisory
  11-66  committee members, and employees of the trustee are not liable for
  11-67  damages arising from the acts or omissions of health care providers
  11-68  who are participating health care providers in the coordinated care
  11-69  network established by the trustee.  Those health care providers
  11-70  are independent contractors and are responsible for their own acts
   12-1  and omissions.
   12-2        (d)  The trustee, the Texas public school retired employees
   12-3  group insurance program, the retired school employees group
   12-4  insurance fund, or a member of a credentialing committee, or the
   12-5  board of trustees, officers, advisory committee members, or
   12-6  employees of the trustee are not liable for damages arising from
   12-7  any act, statement, determination, recommendation made, or act
   12-8  reported, without malice, in the course of the evaluation of the
   12-9  qualifications of health care providers or of the patient care
  12-10  rendered by those providers.
  12-11        (e)  Except as otherwise provided by this article, all
  12-12  proceedings and records of a credentialing committee are
  12-13  confidential, and all communications made to a credentialing
  12-14  committee are privileged.  The proceedings of a credentialing
  12-15  committee are not subject to the open meetings law, Chapter 271,
  12-16  Acts of the 60th Legislature, Regular Session, 1967 (Article
  12-17  6252-17, Vernon's Texas Civil Statutes), and its subsequent
  12-18  amendments.  Except to the extent required by the constitution of
  12-19  this state or the United States, the records and proceedings of a
  12-20  credentialing committee and a communication made to a credentialing
  12-21  committee are not subject to court subpoena.
  12-22        (f)  An individual, a health care provider, or a medical peer
  12-23  review committee that, without malice, participates in a
  12-24  credentialing committee activity or furnishes records, information,
  12-25  or assistance to a credentialing committee is not liable for
  12-26  damages arising from that act.
  12-27        (g)  Disclosure of confidential credentialing committee
  12-28  information to the affected health care provider that is relevant
  12-29  to the matter under review does not constitute a waiver of the
  12-30  confidentiality requirements imposed under this article.
  12-31        (h)  A written or oral communication made to a credentialing
  12-32  committee, and the records and proceedings of such a committee, may
  12-33  be disclosed to appropriate state or federal agencies, national
  12-34  accreditation bodies, state boards of registration or licensure, or
  12-35  medical peer review committees.  A disclosure under this subsection
  12-36  does not constitute a waiver of the confidential and privileged
  12-37  nature of the information.
  12-38        (i)  A credentialing committee, a person participating in a
  12-39  credentialing review, a health care provider, the trustee, the
  12-40  Texas public school retired employees group insurance program, or
  12-41  the board of trustees, officers, advisory committee members, or
  12-42  employees of the trustee that are named as defendants in any civil
  12-43  action filed as a result of participation in the credentialing
  12-44  process may use otherwise confidential information obtained for
  12-45  legitimate internal business and professional purposes, including
  12-46  use in their own defense.  Use of information under this subsection
  12-47  does not constitute a waiver of the confidential and privileged
  12-48  nature of the information.
  12-49        (j)  In this section, "health care provider" means an
  12-50  individual licensed as a health care practitioner, or a health care
  12-51  facility.
  12-52        SECTION 36.  Subchapter E, Chapter 3, Insurance Code, is
  12-53  amended by adding Article 3.50-7 to read as follows:
  12-54        Art. 3.50-7.  SCHOOL DISTRICT EMPLOYEES UNIFORM GROUP
  12-55  INSURANCE ACT
  12-56        Sec. 1.  SHORT TITLE.  This article may be cited as the
  12-57  School District Employees Uniform Group Insurance Act.
  12-58        Sec. 2.  DEFINITIONS.  In this article:
  12-59              (1)  "Administering firm" means any firm designated by
  12-60  the trustee to administer any coverages, services, benefits, or
  12-61  requirements under this article and the trustee's rules adopted
  12-62  under this article.
  12-63              (2)  "Basic coverage" means the programs of group
  12-64  coverages determined by the trustee in which every full-time
  12-65  employee participates automatically unless participation is
  12-66  specifically waived.
  12-67              (3)  "Cafeteria plan" means a plan as defined and
  12-68  authorized by Section 125, Internal Revenue Code of 1986 (26 U.S.C.
  12-69  Section 125).
  12-70              (4)  "Employee" means a participating member of the
   13-1  Teacher Retirement System who is employed by a participating school
   13-2  district and who is not covered by a group insurance program under
   13-3  the Texas Employees Uniform Group Insurance Benefits Act (Article
   13-4  3.50-2, Vernon's Texas Insurance Code) or Chapter 32, Acts of the
   13-5  65th Legislature, Regular Session, 1977 (Article 3.50-3, Vernon's
   13-6  Texas Insurance Code), but does not include a person performing
   13-7  personal services for a school district as an independent
   13-8  contractor.
   13-9              (5)  "Employer" means a participating school district.
  13-10              (6)  "Health benefits plan" means any group policy or
  13-11  contract, medical, dental, or hospital service agreement,
  13-12  membership or subscription contract, salary continuation plan,
  13-13  health maintenance organization agreement, preferred provider
  13-14  arrangement, or any similar group arrangement or any combination of
  13-15  those policies, plans, contracts, agreements, or arrangements
  13-16  provided for the purpose of providing, paying for, or reimbursing
  13-17  expenses for health care services, including comparable health care
  13-18  services for employees who rely solely on spiritual means through
  13-19  prayer for healing in accordance with the teaching of a recognized
  13-20  church or denomination.
  13-21              (7)  "Participating school district" means a public
  13-22  school district that elects under Section 4 of this article to
  13-23  participate in the program provided under this article.
  13-24              (8)  "Trustee" means the Teacher Retirement System of
  13-25  Texas.
  13-26        Sec. 3.  ADMINISTRATION.  (a)  The administration and
  13-27  implementation of this article are vested solely in the trustee.
  13-28        (b)  The trustee may hire and compensate employees.
  13-29        (c)  The trustee may, on a competitive bid basis, contract
  13-30  with a qualified, experienced firm of group insurance specialists
  13-31  or an administering firm who will act for the trustee in a capacity
  13-32  as independent administrators and managers of the programs
  13-33  authorized under this article. The independent administrator
  13-34  selected by the trustee shall assist the trustee to ensure the
  13-35  proper administration of this article and the coverages, services,
  13-36  and benefits provided for or authorized by this article and shall
  13-37  be paid by the trustee.
  13-38        (d)  The trustee may enter into interagency contracts with
  13-39  any agency of the state, including the Employees Retirement System
  13-40  of Texas, for the purpose of assistance in implementing the
  13-41  programs provided by this article.
  13-42        (e)  The trustee may adopt rules to administer this article.
  13-43        Sec. 4.  PARTICIPATION IN PROGRAM.  (a)  A public school
  13-44  district having fewer than 1,000 students enrolled as of March 1 of
  13-45  the previous school year shall participate in the programs provided
  13-46  under this article unless the district contracts for a health
  13-47  benefits plan with a nonprofit association that provides similar
  13-48  services for 10 or more public school districts.
  13-49        (b)  Except as provided by Subsection (a) of this section, a
  13-50  public school district may elect to participate in the programs
  13-51  provided under this article.
  13-52        (c)  A district that participates must accept the schedule of
  13-53  costs adopted by the trustee.
  13-54        (d)  The trustee by rule may provide for a minimum period of
  13-55  participation of not less than two years applicable to each school
  13-56  district that makes an election under this section.
  13-57        (e)  The trustee may assess a participating school district a
  13-58  fee to cover administrative costs if state funds are not
  13-59  appropriated for this purpose.
  13-60        Sec. 5.  GROUP COVERAGES.  (a)  The trustee shall establish
  13-61  plans of group coverages for employees of participating school
  13-62  districts.  The coverages may include group life coverages, health
  13-63  benefit plans, accidental death and dismemberment coverages,
  13-64  coverages against short-term or long-term loss of salary, and other
  13-65  coverages considered advisable by the trustee.  Comparable plans of
  13-66  each type of coverage established must be offered to employees of
  13-67  all participating school districts.
  13-68        (b)  The trustee by rule may define the basic coverage in
  13-69  which each full-time employee participates unless specifically
  13-70  waived.  Basic coverage must include a health benefits plan.  The
   14-1  trustee also by rule may define optional coverage for which the
   14-2  trustee may make available employer contributions and voluntary
   14-3  coverage for which the employee is responsible for all
   14-4  contributions.
   14-5        (c)  The trustee may provide a cafeteria plan for employees
   14-6  of participating school districts.
   14-7        Sec. 6.  PAYMENT OF CONTRIBUTIONS.  (a)  Each participating
   14-8  school district shall contribute for each district employee covered
   14-9  by the program an amount equal to the cost for the employee only of
  14-10  the plans of group coverages authorized by the trustee for school
  14-11  district employees, except  that the school district's contribution
  14-12  may not exceed the amount contributed for each state employee by
  14-13  the state under the Texas Employees Uniform Group Insurance
  14-14  Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code).
  14-15        (b)  Each employee covered by the program shall pay that
  14-16  portion of the cost of coverage selected by the employee that
  14-17  exceeds the amount of employer contributions.
  14-18        (c)  Each person who is employed full-time by a public school
  14-19  district in this state, including employees within the meaning of
  14-20  this article, shall pay an annual fee of $12 to the trustee for the
  14-21  support of the program provided by this article.  The fee expires
  14-22  when the trustee determines that the contingency reserves in the
  14-23  fund are sufficient to support the program.  The trustee shall file
  14-24  a determination made under this subsection with the secretary of
  14-25  state for publication in the Texas Register.
  14-26        Sec. 7.  FUND.  (a)  Contributions and fees collected under
  14-27  Section 6 of this article shall be deposited in the school district
  14-28  employees uniform group insurance trust fund.  The fund is created
  14-29  outside the state treasury.  The state treasurer is custodian of
  14-30  the fund.  The trustee may use amounts in the fund only to provide
  14-31  group coverages under this article and to pay the expenses of
  14-32  administering the program.
  14-33        (b)  The trustee may invest assets of the fund in the manner
  14-34  provided by Article XVI, Section 67(a)(3), of the Texas
  14-35  Constitution.
  14-36        SECTION 37.  Section 2, Article 21.24-1, Insurance Code, is
  14-37  amended by adding Subsection (c) to read as follows:
  14-38        (c)  This article applies to insurance coverage provided
  14-39  under the Texas Public School Retired Employees Group Insurance Act
  14-40  (Article 3.50-4, Insurance Code).
  14-41        SECTION 38.  (a)  Monthly payments of a death or retirement
  14-42  benefit annuity by the Teacher Retirement System of Texas are
  14-43  increased beginning with the payment due at the end of January
  14-44  1994.
  14-45        (b)  The increase applies only if the latest effective date
  14-46  of retirement of the person on whose account the benefit is based,
  14-47  or the date of death in the case of a death benefit annuity,
  14-48  occurred before September 1, 1991.  The increase does not apply to
  14-49  payments received under Section 824.304(a), 824.404, or 824.501,
  14-50  Government Code.
  14-51        (c)  The amount of the monthly increase is computed by
  14-52  multiplying the previous monthly benefit by a percentage determined
  14-53  in accordance with the following table:
  14-54  Retirement Date or, if applicable, Date of Death           Increase
  14-55  Before September 1, 1968                                       5 %
  14-56  On or after September 1, 1968, but before September 1, 1969    7 %
  14-57  On or after September 1, 1969, but before September 1, 1970    6 %
  14-58  On or after September 1, 1970, but before September 1, 1971   13 %
  14-59  On or after September 1, 1971, but before September 1, 1972   12 %
  14-60  On or after September 1, 1972, but before September 1, 1973   13 %
  14-61  On or after September 1, 1973, but before September 1, 1974   15 %
  14-62  On or after September 1, 1974, but before September 1, 1975   12 %
  14-63  On or after September 1, 1975, but before September 1, 1976   10 %
  14-64  On or after September 1, 1976, but before September 1, 1977   14 %
  14-65  On or after September 1, 1977, but before September 1, 1978   13 %
  14-66  On or after September 1, 1978, but before September 1, 1979   11 %
  14-67  On or after September 1, 1979, but before September 1, 1980   10 %
  14-68  On or after September 1, 1980, but before September 1, 1981    7 %
  14-69  On or after September 1, 1981, but before September 1, 1991    5 %
  14-70        (d)  The increase for a monthly retirement annuity to a
   15-1  retiree is based on the retiree's latest effective retirement date.
   15-2  The increase for a monthly retirement annuity being continued to a
   15-3  beneficiary after the death of the retiree is based on the
   15-4  retiree's retirement date.  The increase for a death benefit amount
   15-5  is based on the date of death of the person on whose account the
   15-6  benefit is based.
   15-7        (e)  The percentage increases provided for in this section
   15-8  apply to monthly payments of a minimum benefit increased elsewhere
   15-9  in this Act, but apply only to the amount of the monthly annuity as
  15-10  of August 1, 1993.  No additional increase shall be paid to an
  15-11  annuitant under this section if the increase provided for elsewhere
  15-12  in this Act is greater than the increase provided for in this
  15-13  section.  If the increase provided for in this section is less than
  15-14  the increase provided for elsewhere in this Act, an annuitant shall
  15-15  receive the difference as an additional increase under this
  15-16  section.
  15-17        SECTION 39.  Section 824.304(c), Government Code, as it was
  15-18  designated immediately before the effective date of this Act, is
  15-19  repealed.
  15-20        SECTION 40.  Monthly payments of a standard service
  15-21  retirement annuity made after September 1, 1993, under Section
  15-22  824.203, Government Code, to persons or the beneficiaries of
  15-23  persons who retired before November 1, 1991, may not be less than
  15-24  $6.50 a month for each year of service credit or, for a member who
  15-25  was at least 65 years old at the time of retirement, not less than
  15-26  the greater of $6.50 a month for each year of service credit, or
  15-27  $150 a month.  The minimum benefits provided by this section are
  15-28  subject to reduction in the same manner as other benefits because
  15-29  of early retirement or selection of an optional retirement annuity.
  15-30        SECTION 41.  The Teacher Retirement System of Texas may
  15-31  restore monthly payments of a survivor benefit under Section
  15-32  824.404, Government Code, or its predecessor statute, to a spouse
  15-33  of a deceased member or retiree that were terminated because of
  15-34  remarriage before the effective date of Section 5, Chapter 570,
  15-35  Acts of the 66th Legislature, 1979, on application for the benefits
  15-36  by the beneficiary.  Retroactive payments of the benefits may not
  15-37  be made.  Payments of the benefits resume beginning with the month
  15-38  after the month in which the beneficiary applies for restoration of
  15-39  benefits under this section.
  15-40        SECTION 42.  (a)  A retiree who is subject to loss of
  15-41  benefits under Section 824.601, Government Code, for months to
  15-42  which the exception provided by Section 824.602(a)(3), Government
  15-43  Code, could have applied if the retiree had executed the required
  15-44  form within the time provided by Section 824.602(a)(3) before its
  15-45  amendment by Chapter 13, Acts of the 72nd Legislature, 1st Called
  15-46  Session, 1991, is eligible to avoid loss of the benefits or to have
  15-47  any lost benefits restored by the Teacher Retirement System of
  15-48  Texas.
  15-49        (b)  To apply under this section to have lost benefits
  15-50  restored or to avoid loss of benefits, a retiree must submit a
  15-51  written request to the retirement system not later than March 1,
  15-52  1994.
  15-53        (c)  Benefits eligible to be paid under this section are
  15-54  those that would have been payable between September 1, 1985, and
  15-55  August 31, 1991, if the retiree had not failed to execute the
  15-56  required form in a timely manner.
  15-57        (d)  A retiree may not apply for payment of benefits under
  15-58  this section for months of employment credited under Section
  15-59  823.502, Government Code.  Months of employment in which a retiree
  15-60  receives a monthly benefit payment under this section may not be
  15-61  considered in applying Section 823.502, Government Code.  Only a
  15-62  retiree who is surviving on the effective date of this Act is
  15-63  eligible to apply for benefits under this section.
  15-64        SECTION 43.  A supplemental service retirement benefit
  15-65  provided for by Chapter 14, Acts of the 60th Legislature, Regular
  15-66  Session, 1969, that is being paid on the effective date of this Act
  15-67  to a retiree who is still living is payable to the beneficiary of
  15-68  the retiree if retirement benefits will be payable to the
  15-69  beneficiary on the death of the retiree.
  15-70        SECTION 44.  (a)  All persons who were employed by the
   16-1  Central Education Agency on August 31, 1993, who were contributing
   16-2  members of the Teacher Retirement System of Texas on that date, and
   16-3  who remain employees of the Central Education Agency on September
   16-4  1, 1993, become members of the Employees Retirement System of Texas
   16-5  on the latter date.  A person may not remain an employee of the
   16-6  Central Education Agency on September 1, 1993, if the person
   16-7  retires under the Teacher Retirement System of Texas on August 31,
   16-8  1993.
   16-9        (b)  At the time of the retirement or death of a person
  16-10  described by Subsection (a) of this section, the Teacher Retirement
  16-11  System of Texas shall make a computation and transfer of money in
  16-12  the manner provided by Section 805.008, Government Code, as added
  16-13  by S.B. No. 1181, 73rd Legislature, Regular Session, 1993, and the
  16-14  person's service credit in the Teacher Retirement System of Texas
  16-15  will be transferred to the Employees Retirement System of Texas.
  16-16  The Employees Retirement System of Texas has the same
  16-17  responsibility for payments after retirement or death as is
  16-18  provided by Section 805.008, Government Code, as added by S.B.
  16-19  No. 1181.  After retirement, a person described by Subsection (a)
  16-20  of this section is considered a retiree of the Employees Retirement
  16-21  System of Texas for all purposes.
  16-22        (c)  Notwithstanding Chapter 805, Government Code, as added
  16-23  by S.B.  No. 1181, 73rd Legislature, Regular Session, 1993, a
  16-24  person who becomes a member of the Employees Retirement System of
  16-25  Texas under this section is not eligible to transfer service credit
  16-26  based on service performed for the Central Education Agency from
  16-27  the Employees Retirement System of Texas to the Teacher Retirement
  16-28  System of Texas.
  16-29        SECTION 45.  If legislation is enacted by the 73rd
  16-30  Legislature, Regular Session, 1993, that becomes law and that
  16-31  transfers employees of the Texas Rehabilitation Commission from the
  16-32  Teacher Retirement System of Texas to the Employees Retirement
  16-33  System of Texas, those persons may not remain employees of the
  16-34  Texas Rehabilitation Commission on September 1, 1993, if they
  16-35  retire under the Teacher Retirement System of Texas on August 31,
  16-36  1993.  After retirement from the Employees Retirement System of
  16-37  Texas, those persons are considered retirees of the Employees
  16-38  Retirement System of Texas for all purposes.
  16-39        SECTION 46.  (a)  The Teacher Retirement System of Texas
  16-40  shall conduct a study of coverage under and participation in the
  16-41  Texas Public School Retired Employees Group Insurance Program and
  16-42  potential coverage under and participation in the program provided
  16-43  under the School District Employees Uniform Group Insurance Act
  16-44  (Article 3.50-7, Insurance Code), as added by this Act.
  16-45        (b)  The study shall include a survey of public school
  16-46  districts to assess interest in changes to the program for retired
  16-47  school employees and participation in the program to be provided
  16-48  under Article 3.50-4, Insurance Code.  The survey shall elicit
  16-49  responses to proposals that vary some or all of the following
  16-50  factors:
  16-51              (1)  cost to a district;
  16-52              (2)  cost to the employee;
  16-53              (3)  restrictions on a district's offering of other
  16-54  health plans, including health maintenance organizations;
  16-55              (4)  controls on a district's ability to leave the
  16-56  program, once enrolled; and
  16-57              (5)  cost containment features.
  16-58        (c)  The retirement system shall report its recommendations
  16-59  and the results of its survey to the Legislative Budget Board and
  16-60  the governor not later than June 30, 1994.  The report shall
  16-61  include recommendations on the necessary size of and methods of
  16-62  financing the contingency reserves for the programs, necessary cost
  16-63  containment features, and at least three options to minimize
  16-64  adverse selection against the programs.
  16-65        (d)  The retirement system may spend not more than 1/24 of
  16-66  the fees collected under Section 6(a), Article 3.50-7, Insurance
  16-67  Code, as added by this Act, during the fiscal year beginning
  16-68  September 1, 1993, for purposes of conducting the study required by
  16-69  this section.
  16-70        SECTION 47.  (a)  The Teacher Retirement System of Texas
   17-1  shall implement the program provided by Article 3.50-7, Insurance
   17-2  Code, as added by this Act, not later than September 1, 1995.  The
   17-3  fee required by Section 6(c) of that article, as added by this Act,
   17-4  becomes payable in the fiscal year beginning September 1, 1993.
   17-5        (b)  The retirement system may spend not more than 50 percent
   17-6  of the fees collected under Section 6(a), Article 3.50-7, Insurance
   17-7  Code, as added by this Act, during the fiscal year beginning
   17-8  September 1, 1994, for purposes of preparing to implement the
   17-9  program provided by that article.
  17-10        SECTION 48.  The change in law made by Section 11 of this Act
  17-11  applies to benefits paid after the effective date of this Act even
  17-12  if the beneficiary elected to receive the monthly benefits before
  17-13  that date.
  17-14        SECTION 49.  This Act takes effect September 1, 1993, except
  17-15  Section 35 and this section, which take effect immediately.
  17-16        SECTION 50.  The importance of this legislation and the
  17-17  crowded condition of the calendars in both houses create an
  17-18  emergency and an imperative public necessity that the
  17-19  constitutional rule requiring bills to be read on three several
  17-20  days in each house be suspended, and this rule is hereby suspended,
  17-21  and that this Act take effect and be in force according to its
  17-22  terms, and it is so enacted.
  17-23                               * * * * *
  17-24                                                         Austin,
  17-25  Texas
  17-26                                                         May 21, 1993
  17-27  Hon. Bob Bullock
  17-28  President of the Senate
  17-29  Sir:
  17-30  We, your Committee on Finance to which was referred H.B. No. 2711,
  17-31  have had the same under consideration, and I am instructed to
  17-32  report it back to the Senate with the recommendation that it do not
  17-33  pass, but that the Committee Substitute adopted in lieu thereof do
  17-34  pass and be printed.
  17-35                                                         Montford,
  17-36  Chairman
  17-37                               * * * * *
  17-38                               WITNESSES
  17-39                                                  FOR   AGAINST  ON
  17-40  ___________________________________________________________________
  17-41  Name:  Bob Keck                                                x
  17-42  Representing:  Teacher Retirement System
  17-43  City:  Austin
  17-44  -------------------------------------------------------------------
  17-45  Name:  Gary Thompson                                           x
  17-46  Representing:  Teacher Retirement System
  17-47  City:  Austin
  17-48  -------------------------------------------------------------------
  17-49  Name:  Jack Kelly                                x
  17-50  Representing:  Tx. State Teachers Assoc.
  17-51  City:  Austin
  17-52  -------------------------------------------------------------------
  17-53  Name:  Bill Warren                               x
  17-54  Representing:  Tx. Public Employees Assoc.
  17-55  City:  Austin
  17-56  -------------------------------------------------------------------
  17-57  Name:  Allison Gadbois                           x
  17-58  Representing:  Assoc. of Tx Profess Ed.
  17-59  City:  Austin
  17-60  -------------------------------------------------------------------
  17-61  Name:  Michael Lehr                              x
  17-62  Representing:  Tx. Retired Teachers Assoc.
  17-63  City:  Austin
  17-64  -------------------------------------------------------------------
  17-65  Name:  James F. Jeffrey                          x
  17-66  Representing:  Tx. Retired Teachers Assoc.
  17-67  City:  Austin
  17-68  -------------------------------------------------------------------