1-1 By: Henderson S.B. No. 901
1-2 (In the Senate - Filed March 2, 1995; March 6, 1995, read
1-3 first time and referred to Committee on State Affairs; May 5, 1995,
1-4 reported favorably by the following vote: Yeas 12, Nays 1;
1-5 May 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the investments of participants in the optional
1-9 retirement program for faculty members employed in state-supported
1-10 institutions of higher education.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 830.002, Government Code, is amended by
1-13 adding Subsection (d) to read as follows:
1-14 (d) The Texas Higher Education Coordinating Board may
1-15 establish minimum standards that an insurance or annuity company
1-16 must meet to be eligible to offer a participant in the optional
1-17 retirement program an investment or retirement annuity authorized
1-18 under Subsection (a) and Section 830.004, but may not otherwise
1-19 restrict:
1-20 (1) the insurance or annuity company with whom a
1-21 participant may make an investment or from whom a participant may
1-22 purchase an annuity under the program; or
1-23 (2) the investment in which a participant may
1-24 participate or the annuity a participant may purchase under the
1-25 program.
1-26 SECTION 2. Subsection (a), Section 830.004, Government Code,
1-27 is amended to read as follows:
1-28 (a) A governing board may provide for contributions to any
1-29 type of investment authorized by Section 403(b) of the Internal
1-30 Revenue Code of 1986 (26 U.S.C. Section 403), as it existed on
1-31 January 1, 1981, and may arrange the purchase of annuity contracts
1-32 from any insurance or annuity company that is qualified to do
1-33 business in this state. A governing board may not restrict the
1-34 investment in which a participant may participate or the annuity a
1-35 participant may purchase under the program if the investment or
1-36 annuity is authorized by this subsection and Section 830.002(a). A
1-37 governing board may not restrict the insurance or annuity company
1-38 with whom a participant may make an investment or from whom a
1-39 participant may purchase an annuity if the company is eligible
1-40 under the standards established under Section 830.002(d).
1-41 SECTION 3. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended,
1-46 and that this Act take effect and be in force from and after its
1-47 passage, and it is so enacted.
1-48 * * * * *