SRC-MAX C.S.S.B. 535 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 535
By: Ellis
State Affairs
4-25-97
Committee Report (Substituted)


DIGEST 

Currently,  individual institutions of higher education set their own
minimum standards for vendors who wish to offer optional retirement
packages to faculty. This bill would direct the Employees Retirement
System of Texas to establish uniform statewide minimum standards.  

PURPOSE

As proposed, C.S.S.B. 535 sets forth standards for investments of
participants in the optional retirement program for faculty members
employed in state-supported retirement institutions of higher education.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Employees Retirement System of
Texas in SECTION 1 (Sec. 830.002(d), Government Code) and to a governing
body in SECTION 2 (Sec.  830.004(a), Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 830.002, Government Code, by amending Subsection
(c) and by adding Subsection (d), as follows: 

(c)  Requires the Employees Retirement System of Texas (retirement
system), rather than the Texas Higher Education Coordinating Board, to
develop policies, practices, and procedures to provide greater uniformity
in the administration of the retirement annuity insurance program
available  to employees of Texas state colleges and universities through
the optional retirement programs. 

(d)  Provides that standards adopted under this subsection apply to an
institution of higher education only if standards are not in effect under
Section 830.004(a).  Makes conforming and nonsubstantive changes.   

SECTION 2. Amends Section 830.004, Government Code, by amending Subsection
(a) and adding Subsection (c) as follows: 

(a)  Authorizes a governing board to arrange the purchase of investments
from any company that is qualified in this state to offer investments
which qualify under this subsection or Section 830.002(a).  Authorizes a
governing board to establish minimum standards, including minimum
participation requirements, that a company, or the investments it offers,
must meet to be eligible to offer a participant in the optional retirement
program an investment authorized under this section or Section 830.002(a),
Government Code, but is prohibited from limiting the investment that a
participant may purchase under the program if the investment is authorized
by this subsection or Section 830.002(a), Government Code, and qualifies
under the applicable standards established under this subsection or
Section 830.002(d).  Deletes reference to purchase of annuity contracts. 

(c)  Requires a governing board to accept applications from companies
wanting to offer investments for purchase under the optional retirement
program and deny or approve the  applications based on the applicable
standards at least once each year. 

SECTION 3. Amends Section 830.006, Government Code, to delete a provision
requiring the Texas Higher Education Coordinating Board to prepare a
report required by Subsection (a) and to maintain the information required
by Subsection (b) with respect to its own employees.  Makes conforming and
nonsubstantive changes. 

SECTION 4. Amends Section 830.101(b), Government Code, to make a
conforming change. 

SECTION 5. Requires the Texas Higher Education Coordinating Board to
transfer all property relating to its duties as general supervisor of
institutions of higher education under the optional retirement programs
established by Chapter 830, Government Code, to the Employees Retirement
System of Texas on the effective date of this Act.  Provides that a rule
adopted by the Texas Higher Education Coordinating Board under Chapter
830, Government Code, in effect on the effective date of this Act remains
in effect until amended or repealed by a rule adopted by the Employees
Retirement System of Texas. 

SECTION 6. Effective date:  September 1, 1997.

SECTION 7. Emergency clause.  



SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 830.002, Government Code, by amending Subsection (c) to
transfer the provisions originally required of the Texas Higher Education
Coordinating Board to the Employees Retirement System of Texas.  Adds
Subsection (d) to provide that the standards adopted under this subsection
apply to certain institutions of higher education.  Makes conforming and
nonsubstantive changes. 

SECTION 2.

Amends Section 830.004, by adding Subsection (c) to require a governing
board to accept applications from companies wanting to offer investments
for purchase under the optional retirement programs and deny or approve
the applications based on the applicable standards at least once each
year.   

Adds SECTION 3-7.

SECTION 3.

Amends Section 830.006, Government Code, to delete a provision regarding a
report required by Subsection (a) of this section and to transfer the
reporting duties of the Texas Highter Education Coordinating Board under
this section to the Employees Retirement System of Texas.  Makes
conforming and nonsubstantive changes. 

SECTION 4.

Amends Section 830.101(b), Government Code, to make a conforming change.

SECTION 5.
 
Adds provisions regarding the transfer of certain property  from the Texas
Higher Education Coordinating Board to the Employees Retirement System of
Texas on the effective date of this Act.  Provides that certain rules in
effect on the effective date of this Act remain in effect until amended or
repealed by a rule adopted by the Employees Retirement System of Texas. 
 

Adds SECTION 6 to set forth the effective date.

Adds SECTION 7 to set forth the emergency clause.