By Henderson S.B. No. 901
74R7098 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investments of participants in the optional
1-3 retirement program for faculty members employed in state-supported
1-4 institutions of higher education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 830.002, Government Code, is amended by
1-7 adding Subsection (d) to read as follows:
1-8 (d) The Texas Higher Education Coordinating Board may
1-9 establish minimum standards that an insurance or annuity company
1-10 must meet to be eligible to offer a participant in the optional
1-11 retirement program an investment or retirement annuity authorized
1-12 under Subsection (a) and Section 830.004, but may not otherwise
1-13 restrict:
1-14 (1) the insurance or annuity company with whom a
1-15 participant may make an investment or from whom a participant may
1-16 purchase an annuity under the program; or
1-17 (2) the investment in which a participant may
1-18 participate or the annuity a participant may purchase under the
1-19 program.
1-20 SECTION 2. Section 830.004(a), Government Code, is amended
1-21 to read as follows:
1-22 (a) A governing board may provide for contributions to any
1-23 type of investment authorized by Section 403(b) of the Internal
1-24 Revenue Code of 1986 (26 U.S.C. Section 403), as it existed on
2-1 January 1, 1981, and may arrange the purchase of annuity contracts
2-2 from any insurance or annuity company that is qualified to do
2-3 business in this state. A governing board may not restrict the
2-4 investment in which a participant may participate or the annuity a
2-5 participant may purchase under the program if the investment or
2-6 annuity is authorized by this subsection and Section 830.002(a). A
2-7 governing board may not restrict the insurance or annuity company
2-8 with whom a participant may make an investment or from whom a
2-9 participant may purchase an annuity if the company is eligible
2-10 under the standards established under Section 830.002(d).
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.