1-1 By: Serna (Senate Sponsor - Barrientos) H.B. No. 724
1-2 (In the Senate - Received from the House April 4, 1997;
1-3 April 8, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 13, Nays 0; May 18, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend H.B. 724 as follows:
1-8 (1) on page 1, line 44, immediately following "from the
1-9 comptroller." insert the following:
1-10 "This subsection does not apply to a supplemental payroll. This
1-11 subsection applies only to a currently authorized company or a
1-12 company with at least 50 participants at the institution."
1-13 (2) on page 1, line 49, insert "if the institution is currently
1-14 able to send funds by electronic transfer" immediately following
1-15 "transfer"
1-16 COMMITTEE AMENDMENT NO. 2 By: Cain
1-17 Amend H.B. 724 as follows:
1-18 on page 1, line 53, insert the following new subsection (f) and
1-19 reletter the remaining subsection accordingly:
1-20 (f) The company shall allocate and credit the
1-21 contemporaneous deposit to each participant's account on the
1-22 receipt of the electronic funds transfer and the electronic
1-23 information on the amount to be allocated and credited to each
1-24 participant's account. A company who violates this section shall
1-25 become ineligible for certification as a company eligible to
1-26 provide an optional retirement program.
1-27 A BILL TO BE ENTITLED
1-28 AN ACT
1-29 relating to transfers of contributions to the optional retirement
1-30 program for faculty members of institutions of higher education.
1-31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-32 SECTION 1. Section 830.202, Government Code, is amended by
1-33 amending Subsection (c) and adding Subsections (e) and (f) to read
1-34 as follows:
1-35 (c) The disbursing officer of an institution of higher
1-36 education and, if applicable, of the Texas [Central] Education
1-37 Agency shall pay the contributions collected under this section to
1-38 a [the] company providing an [the] optional retirement program for
1-39 that institution not later than the third business day after the
1-40 date the funds become legally available. If possible, the
1-41 disbursing officer shall send the state's contributions and the
1-42 participants' contributions together, and otherwise shall send the
1-43 participants' contributions at the time of withholding and the
1-44 state's contributions on receipt from the comptroller.
1-45 (e) The disbursing officer of an institution of higher
1-46 education and, if applicable, of the Texas Education Agency, shall:
1-47 (1) send contributions to a company providing an
1-48 optional retirement program for the institution by electronic
1-49 transfer; or
1-50 (2) certify to the Texas Higher Education Coordinating
1-51 Board that the company is unable to receive funds by electronic
1-52 transfer and send contributions by paper check.
1-53 (f) At least once each fiscal year, an institution of higher
1-54 education and the Texas Education Agency shall give notice to each
1-55 participant in the optional retirement program at the institution
1-56 or agency indicating which companies are unable to receive funds by
1-57 electronic transfer.
1-58 SECTION 2. (a) In addition to the substantive changes made
1-59 by this Act, this Act conforms Section 830.202(c), Government
1-60 Code, to Section 80, Chapter 260, Acts of the 74th Legislature,
1-61 Regular Session, 1995.
1-62 (b) To the extent of any conflict, this Act prevails over
1-63 another Act of the 75th Legislature, Regular Session, 1997,
1-64 relating to nonsubstantive additions to and corrections in enacted
2-1 codes.
2-2 SECTION 3. This Act takes effect September 1, 1997.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *