BILL ANALYSIS



H.B. 3125
By: Naishtat
May 8, 1995
Committee Report (Unamended)


BACKGROUND

Three members of the Board of Trustees of the Employees Retirement
System (ERS) are nominated and elected by members of the retirement
system under rules adopted by the board.               
The board distributes ballots to active members of the retirement
system by delivering them to agencies with the expectation that
each agency will distribute them in whatever way it sees fit.  This
practice creates the perception that agency managers can manipulate
the distribution of ballots to favor their preferred candidate.  In
locations where strong support is expected for candidates whom
managers might oppose, ballots have sometimes not distributed, left
to be picked up without notice that they are available, or
distributed so late that completed ballots could not be counted as
valid.  Eligible voters who have been recently placed on temporary
special assignment at other agency work locations or who have
permanently transferred to another agency or work location may be
disenfranchised because their ballots do not follow them.  
In addition, although retirees constitute tens of thousands of
eligible voters in ERS elections, candidates are not permitted
access to retirees for the purpose of distributing positions or
other campaign information.

PURPOSE

H.B. 3125 would require ERS to mail a ballot to each eligible voter
at the voter's home address.  ERS would also be required to mail
campaign materials supplied by candidates to all retired members of
the system at the candidate's request.  The expense would be borne
by the requesting candidate.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 815, of the Government
Code, by adding Section 815.00301, subsections (a) - (g), as
follows:
     (a) Requires ERS to develop and maintain a database containing
the home addresses of all ERS members.
     (b) Allows a candidate to contest the format of the ballot
before the ballots are printed for mailing.
     (c) Requires ERS to mail a ballot for the trustee election to
each eligible voter's home address.
     (d) Requires ERS to establish a toll-free number to assist
voters who do not receive their ballots and to promptly send a
replacement ballot to a voter who reports not receiving one.
     (e) Requires agencies to allow candidates for the ERS board
access to eligible voters and to prominently post the toll-free
number required under (d) above.
     (f) Requires ERS to mail campaign materials to retirees at
individual candidates' request and expense.
     (g) Requires ERS to store returned ballots unopened in a
secure place until after the deadline for receipt of votes in the
election.

SECTION 2. Effective Date: September 1, 1995.

SECTION 3. Emergency clause




Committee on Pensions & Investments

SUMMARY OF COMMITTEE ACTION

HB 3125 was considered by the committee in a formal meeting on
April 8, 1995.

The bill was reported favorably without amendment with the
recommendation that it do pass and be printed by a record vote of
7 ayes, 0 nays, 0 pnv & 2 absent.