76R12956 GCH-D                          
         By Armbrister, et al.                                 S.B. No. 1130
         Substitute the following for S.B. No. 1130:
         By Greenberg                                      C.S.S.B. No. 1130
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to programs and systems administered by the Employees
 1-3     Retirement System of Texas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 803.402, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 803.402.  RECORDS.  Except as provided by Section
 1-8     825.507, records of members and beneficiaries of a retirement
 1-9     system to which this chapter applies that are in the custody of any
1-10     retirement [the] system to which this chapter applies are
1-11     [considered to be personnel records and] confidential and not
1-12     subject to disclosure and are exempt from the public access
1-13     provisions of [information under] Chapter 552.  The records or
1-14     information in the records may be transferred between retirement
1-15     systems to which this chapter applies to the extent necessary to
1-16     administer the proportionate retirement program provided by this
1-17     chapter.
1-18           SECTION 2.  Section 805.008, Government Code, is amended by
1-19     amending Subsection (c) and adding Subsection (h) to read as
1-20     follows:
1-21           (c)  As an alternative to Subsections (a) and (b) and except
1-22     as provided by Subsection (h), the systems by rule may require the
1-23     system from which service credit is transferred to pay monthly an
 2-1     amount equal to the portion of the actual value of the monthly
 2-2     payment of the annuity that represents the percentage of the total
 2-3     amount of service credit that is transferred.
 2-4           (h)  If a person elects to receive a partial lump-sum payment
 2-5     under the law governing the system from which the person is
 2-6     retiring, a transfer of an amount equal to the portion of the
 2-7     actual value of a lump-sum payment that represents the percentage
 2-8     of the amount of service credit transferred shall be made at the
 2-9     time the lump-sum payment is made.
2-10           SECTION 3.  Section 811.001, Government Code, is amended by
2-11     amending Subdivision (8) and adding Subdivision (18) to read as
2-12     follows:
2-13                 (8)  "Custodial officer" means a member of the
2-14     retirement system who is employed by the Board of Pardons and
2-15     Paroles or the Texas Department of Criminal Justice as a parole
2-16     officer or caseworker or who is employed by the institutional
2-17     division or the state jail division of the Texas Department of
2-18     Criminal Justice and certified by the department as having a normal
2-19     job assignment that requires frequent or infrequent regularly
2-20     planned contact with, and in close proximity to, inmates of the
2-21     institutional division or inmates or defendants confined in the
2-22     state jail division without the protection of bars, doors, security
2-23     screens, or similar devices and includes assignments normally
2-24     involving supervision or the potential for supervision of inmates
2-25     in inmate housing areas, educational or recreational facilities,
2-26     industrial shops, kitchens, laundries, medical areas, agricultural
2-27     shops or fields, or in other areas on or away from property of the
 3-1     institutional division or the state jail division.  The term
 3-2     includes a member who transfers from the Texas Department of
 3-3     Criminal Justice to the managed health care unit of The University
 3-4     of Texas Medical Branch or the Texas Tech University Health
 3-5     Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the
 3-6     73rd Legislature, 1993, elects at the time of transfer to retain
 3-7     membership in the retirement system, and is certified by the
 3-8     managed health care unit or the health sciences center as having a
 3-9     normal job assignment described by this subdivision.
3-10                 (18)  "Parole officer" has the meaning assigned by
3-11     Section 508.001.
3-12           SECTION 4.  Subsection (a), Section 812.101, Government Code,
3-13     is amended to read as follows:
3-14           (a)  A member of the retirement system may withdraw all of
3-15     the member's accumulated contributions for service credited in the
3-16     employee class of membership if:
3-17                 (1)  the member does not hold a position included in
3-18     that class;
3-19                 (2)  the member does not assume or resume, during the
3-20     30 days after the date on [calendar month following the month in]
3-21     which the member terminates employment, a position included in that
3-22     class; and
3-23                 (3)  the member's application for withdrawal is filed
3-24     before the member assumes or resumes a position included in that
3-25     class.
3-26           SECTION 5.  Section 812.104, Government Code, is amended by
3-27     amending Subsection (a) and adding Subsection (c) to read as
 4-1     follows:
 4-2           (a)  Except as provided by Subsection (c), deposits
 4-3     [Deposits] representing interest or membership fees that are
 4-4     required of a member to establish service credit under Section
 4-5     813.202, 813.302, 813.402, or 813.502 are not refundable.
 4-6           (c)  At the time a service retirement, disability retirement,
 4-7     or death benefit annuity becomes payable, the retirement system
 4-8     shall refund any contributions, interest, or membership fees used
 4-9     to establish service credit that is not used in computing the
4-10     amount of the annuity.
4-11           SECTION 6.  Subsection (b), Section 813.102, Government Code,
4-12     is amended to read as follows:
4-13           (b)  A member may reestablish credit by depositing with the
4-14     retirement system in a lump sum the amount withdrawn from a
4-15     membership class, [plus all membership fees due,] plus interest
4-16     computed on the basis of the state fiscal year at an annual rate of
4-17     five percent from the date of withdrawal to the date of redeposit.
4-18           SECTION 7.  Subsection (b), Section 813.104, Government Code,
4-19     is amended to read as follows:
4-20           (b)  Except as provided by Subsection (c), payments may not
4-21     be made under a rule adopted under this section:
4-22                 (1)  to establish or reestablish service credit of a
4-23     person who is currently [has] retired or has died; or
4-24                 (2)  to establish current service under Section
4-25     813.201.
4-26           SECTION 8.  Subsection (b), Section 813.201, Government Code,
4-27     is amended to read as follows:
 5-1           (b)  A member may not, after August 31, 1997 [1991], accrue
 5-2     or establish [a total of more than 50 years of] service credit in
 5-3     the employee class of membership when the total amount of service
 5-4     credit, multiplied by the percentage in effect for computing
 5-5     annuities under Section 814.105, would exceed the number 100.  When
 5-6     the maximum amount [a total of 50 years] of service credit is
 5-7     accrued or established by a member in the employee class, member
 5-8     and state contributions cease, although the member retains
 5-9     membership subject to Section 812.005.
5-10           SECTION 9.  Subsection (b), Section 813.202, Government Code,
5-11     is amended to read as follows:
5-12           (b)  A member may establish credit under this section by
5-13     depositing with the retirement system in a lump sum a contribution
5-14     computed as provided by Section 813.404 or 813.505, [plus all
5-15     membership fees due,] plus interest computed on the basis of the
5-16     state fiscal year at an annual rate of 10 percent from the date the
5-17     service was performed to the date of deposit.
5-18           SECTION 10.  Subsection (b), Section 813.402, Government
5-19     Code, is amended to read as follows:
5-20           (b)  A member may establish credit under this section by
5-21     depositing with the retirement system in a lump sum a contribution
5-22     computed as provided by Section 813.404, [plus all membership fees
5-23     due,] plus interest computed at an annual rate of 10 percent from
5-24     the fiscal year in which the service was performed to the date of
5-25     deposit.
5-26           SECTION 11.  Subsections (b) and (c), Section 813.506,
5-27     Government Code, are amended to read as follows:
 6-1           (b)  To be creditable as custodial officer service, service
 6-2     performed must be performed as a parole officer or caseworker or
 6-3     must meet the requirements of the rules adopted under Subsection
 6-4     (a) and [may] be performed by persons in one of the following job
 6-5     categories:
 6-6                 (1)  all persons classified as Correctional Officer I
 6-7     through warden, including training officers and special operations
 6-8     reaction team officers;
 6-9                 (2)  all other employees assigned to work on a unit and
6-10     whose jobs require routine contact with inmates or defendants
6-11     confined in the state jail division, including but not limited to
6-12     farm managers, livestock supervisors, maintenance foremen, shop
6-13     foremen, medical assistants, food service supervisors, stewards,
6-14     education consultants, commodity specialists, and correctional
6-15     counselors;
6-16                 (3)  employees assigned to administrative offices whose
6-17     jobs require routine contact with inmates or defendants confined in
6-18     the state jail division at least 50 percent of the time, including
6-19     but not limited to investigators, compliance monitors, accountants
6-20     routinely required to audit unit operations, sociologists,
6-21     interviewers, classification officers, and supervising counselors;
6-22     and
6-23                 (4)  administrative positions whose jobs require
6-24     response to emergency situations involving inmates or defendants
6-25     confined in the state jail division, including but except as
6-26     specified not limited to the director, deputy directors, assistant
6-27     directors, and not more than 25 administrative duty officers.
 7-1           (c)  The Texas Department of Criminal Justice, the managed
 7-2     health care unit of The University of Texas Medical Branch[,] or
 7-3     the Texas Tech University Health Sciences Center, or the Board of
 7-4     Pardons and Paroles, as applicable, shall determine a person's
 7-5     eligibility to receive credit as a custodial officer.  A
 7-6     determination of the department, [or] unit, or board may not be
 7-7     appealed by an employee but is subject to change by the retirement
 7-8     system.
 7-9           SECTION 12.  Subchapter F, Chapter 813, Government Code, is
7-10     amended by adding Section 813.511 to read as follows:
7-11           Sec. 813.511.  CREDIT FOR ACCUMULATED ANNUAL LEAVE.  (a)  A
7-12     member who holds a position included in the employee class of
7-13     membership during the month that includes the effective date of the
7-14     member's retirement and who retires based on service or a
7-15     disability is entitled to service credit in the retirement system
7-16     for the member's annual leave that has accumulated and is unused on
7-17     the last day of employment.  Annual leave is creditable in the
7-18     retirement system at the rate of one month of service credit for
7-19     each 20 days, or 160 hours, of accumulated annual leave and one
7-20     month for each fraction of days or hours remaining after division
7-21     of the total hours of accumulated annual leave by 160.
7-22           (b)  A member who holds a position included in the employee
7-23     class may use annual leave creditable under this section to satisfy
7-24     service requirements for retirement under Section 814.104 or
7-25     814.107 if the annual leave attributed to the eligibility
7-26     requirements remains otherwise unused on the last day of
7-27     employment.
 8-1           (c)  Except as provided by Subsection (d), the disbursing
 8-2     officer of each department or agency shall, before the 11th day
 8-3     after the effective date of retirement of one or more employees of
 8-4     the department or agency, certify to the retirement system:
 8-5                 (1)  the name of each person whose retirement from the
 8-6     department or agency, and from state service, became effective
 8-7     during the preceding month; and
 8-8                 (2)  the amount of the person's accumulated annual
 8-9     leave on the last day of employment.
8-10           (d)  The disbursing officer of a department or agency that
8-11     employs a member who applies for retirement under Subsection (b)
8-12     shall, not more than 90 or less than 30 days before the effective
8-13     date of the member's retirement, certify to the retirement system
8-14     the amount of the member's accumulated and unused annual leave.
8-15     The officer shall immediately notify the retirement system if the
8-16     member uses annual leave after the date of certification.
8-17           (e)  On receipt of a certification under Subsection (c) or
8-18     (d), the retirement system shall grant any credit to which a
8-19     retiring member or retiree who is a subject of the certification is
8-20     entitled.  An increase in the computation of an annuity because of
8-21     credit provided by this section after a certification under
8-22     Subsection (d) begins with the first payment that becomes due after
8-23     certification.
8-24           (f)  The retirement system shall cancel the retirement of a
8-25     person who used annual leave creditable under this section to
8-26     qualify for service retirement if the annual leave is otherwise
8-27     used by the person before the effective date of retirement.
 9-1           SECTION 13.  Section 814.104, Government Code, is amended by
 9-2     amending Subsection (a) and adding Subsection (c) to read as
 9-3     follows:
 9-4           (a)  Except as provided by Section 814.102 or by rule adopted
 9-5     under Section 813.304(d) or 803.202(a)(2) [803.202(2)], a member
 9-6     who has service credit in the retirement system is eligible to
 9-7     retire and receive a service retirement annuity if the member:
 9-8                 (1)  [if the member] is at least 60 years old and has
 9-9     at least 5 years of service credit in the employee class; or
9-10                 (2)  has at least 5 years of service credit in the
9-11     employee class and [if] the sum of the member's age and amount of
9-12     service credit  in the employee class, including months of age and
9-13     credit, equals or exceeds the number 80.
9-14           (c)  For the sole purpose of determining eligibility to
9-15     receive a service retirement annuity, the retirement system shall
9-16     consider service performed as a participant in the optional
9-17     retirement program under Chapter 830 as if it were service for
9-18     which credit is established in the retirement system.
9-19           SECTION 14.  Section 814.1041, Government Code, is amended to
9-20     read as follows:
9-21           Sec. 814.1041.  TEMPORARY SERVICE RETIREMENT OPTION FOR
9-22     MEMBERS AFFECTED BY PRIVATIZATION OR OTHER REDUCTION IN WORKFORCE.
9-23     (a)  This section applies only to members of the employee class who
9-24     are not otherwise eligible to retire and whose positions with the
9-25     Texas Workforce Commission, the Texas Department of Human Services,
9-26     [or] the Texas Department of Mental Health and Mental Retardation,
9-27     or the Texas Department of Health are eliminated as a result of
 10-1    contracts with private service providers or other reductions in
 10-2    services provided by those agencies and who separate from state
 10-3    service at that time.
 10-4          (b)  A member described by Subsection (a) is eligible to
 10-5    retire and receive a service retirement annuity if the member's age
 10-6    and service credit, each equally increased only as needed to meet
 10-7    minimum age and service requirements, but not by more than [by]
 10-8    three years, would meet the minimum age and service requirements
 10-9    for service retirement under Section 814.104(a) at the time the
10-10    member separates from state service as described by Subsection (a).
10-11    The annuity of a person who retires under this subsection is
10-12    computed on the person's accrued service credit increased by the
10-13    minimum amount of service credit necessary to meet the service
10-14    credit requirement for retirement, but not by more than three
10-15    years.
10-16          (c)  [A member described by Subsection (a) becomes eligible
10-17    to retire and receive a service retirement annuity on the date on
10-18    which the member would have met the age and service requirements
10-19    for service retirement under Section 814.104(a) had the member
10-20    remained employed by the state if, on the date of separation from
10-21    state service, the member's age and service credit, each increased
10-22    by five years, would meet age and service requirements for service
10-23    retirement under Section 814.104(a).  The annuity of a person who
10-24    retires under this subsection is computed on the person's accrued
10-25    service credit.]
10-26          [(d)  If a member described by Subsection (c) is reemployed
10-27    by the state before retirement, the time between the member's
 11-1    separation from state service and reemployment may be used only to
 11-2    compute eligibility for service retirement and may not be used to
 11-3    compute the amount of any service retirement annuity.]
 11-4          [(e)]  A member who applies to retire under this section and
 11-5    the state agency from which the member separated from service shall
 11-6    provide documentation required by the retirement system to
 11-7    establish eligibility to retire under this section.
 11-8          (d) [(f)]  This section applies only to positions eliminated
 11-9    by privatization or other reductions in workforce before September
11-10    1, 2001 [1999].
11-11          SECTION 15.  Subchapter B, Chapter 814, Government Code, is
11-12    amended by adding Section 814.1042 to read as follows:
11-13          Sec. 814.1042.  SERVICE FOR CERTAIN GOVERNMENTAL EMPLOYERS.
11-14    (a)  For the sole purpose of determining eligibility to receive a
11-15    service retirement annuity under Section 814.104(a)(2), the
11-16    retirement system shall consider not more than 60 months, or
11-17    portions of months, of service performed for a Texas governmental
11-18    employer by a member who has at least five years of service credit,
11-19    excluding military service, in the employee class as if it were
11-20    service for which credit is established in the retirement system.
11-21          (b)  A member who seeks the application of this section must
11-22    provide documentation satisfactory to the retirement system of the
11-23    amount of service performed for the governmental employer.
11-24          (c)  Service described by this section may not be used in
11-25    determining eligibility for participation in the Texas Employees
11-26    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
11-27    Texas Insurance Code).
 12-1          SECTION 16.  Subsections (c), (d), and (e), Section 814.107,
 12-2    Government Code, are amended to read as follows:
 12-3          (c)  The standard combined service retirement annuity that is
 12-4    payable under this section is based on retirement on or after the
 12-5    attainment of the normal retirement age, which for purposes of this
 12-6    section is the earlier of either the age of 50 or the age at which
 12-7    the sum of the member's age and amount of service credit in the
 12-8    employee class equals the number 80 [at the age of 50 or older].  A
 12-9    law enforcement or custodial officer who retires before attaining
12-10    the normal retirement age [of 50] is entitled to an annuity that is
12-11    actuarially reduced from the annuity available at the normal
12-12    retirement age [of 50] to the law enforcement or custodial officer
12-13    service credit annuity amount available at the sum of the member's
12-14    age and amount of employee class service credit.  The annuity
12-15    [earlier retirement age and] is payable from the law enforcement
12-16    and custodial officer supplemental retirement fund.
12-17          (d)  A member who retires under this section retires
12-18    simultaneously from the employee class of membership.  Benefits for
12-19    service in the employee class of membership become payable from the
12-20    trust fund established by Section 815.310 at the normal retirement
12-21    age [of 50] under the computation provided by Section 814.105.
12-22    Optional retirement annuities provided by Section 814.108 are
12-23    available to a member eligible to receive a service retirement
12-24    annuity under this section, but the same optional plan and designee
12-25    must be selected for the portion of the annuity payable from the
12-26    law enforcement and custodial officer supplemental retirement fund
12-27    and the portion payable from the trust fund established by Section
 13-1    815.310.
 13-2          (e)  The amount payable from the law enforcement and
 13-3    custodial officer supplemental retirement fund is reducible by the
 13-4    amount paid from the trust fund established by Section 815.310 for
 13-5    service as a law enforcement or custodial officer.  The total
 13-6    combined amount of an annuity under this section may not be less
 13-7    than the authorized benefit under Subsection (b) subtracted by any
 13-8    amount necessary because of selection of an optional annuity,
 13-9    because of retirement before the normal retirement age [of 50], or
13-10    as provided by Subsection (f).
13-11          SECTION 17.  Subchapter B, Chapter 814, Government Code, is
13-12    amended by adding Section 814.1082 to read as follows:
13-13          Sec. 814.1082.  PARTIAL LUMP-SUM OPTION.  (a)  A member who
13-14    is eligible for an unreduced service retirement annuity may select
13-15    a standard retirement annuity or an optional retirement annuity
13-16    described by Section 814.108 together with a partial lump-sum
13-17    distribution.
13-18          (b)  The amount of the lump-sum distribution under this
13-19    section may not exceed the sum of 36 months of a standard service
13-20    retirement annuity computed without regard to this section.
13-21          (c)  The service retirement annuity selected by the member
13-22    shall be actuarially reduced to reflect the lump-sum option
13-23    selected by the member and shall be actuarially equivalent to a
13-24    standard or optional service retirement annuity, as applicable,
13-25    without the partial lump-sum distribution.  The annuity and lump
13-26    sum shall be computed to result in no actuarial loss to the
13-27    retirement system.
 14-1          (d)  Unless otherwise specified in rules adopted by the board
 14-2    of trustees, the lump-sum distribution will be made as a single
 14-3    payment payable at the time that the first monthly annuity payment
 14-4    is paid to the retiree.
 14-5          (e)  The amount of the lump-sum distribution will be deducted
 14-6    from any amount otherwise payable under Section 814.505.
 14-7          (f)  The partial lump-sum option under this section may be
 14-8    elected only once by a member and may not be elected by a retiree.
 14-9    A member retiring under the proportionate retirement program under
14-10    Chapter 803 is not eligible for the partial lump-sum option.
14-11          (g)  Before a retiring member selects a partial lump-sum
14-12    distribution under this section, the retirement system shall
14-13    provide a written notice to the member of the amount by which the
14-14    member's annuity will be reduced because of the selection.  The
14-15    member shall be asked to sign a copy of or a receipt for the
14-16    notice, and the retirement system shall maintain the signed copy or
14-17    receipt.
14-18          (h)  The board of trustees may adopt rules for the
14-19    implementation of this section and may authorize the option to be
14-20    used for a death benefit annuity.  This section does not apply to a
14-21    disability retirement annuity.
14-22          SECTION 18.  Section 814.202, Government Code, is amended by
14-23    adding Subsection (d) to read as follows:
14-24          (d)  For the sole purpose of determining eligibility to
14-25    receive a disability retirement annuity under Subsection (a)(3),
14-26    the retirement system shall consider service performed as a
14-27    participant in the optional retirement program under Chapter 830 as
 15-1    if it were service for which credit is established in the
 15-2    retirement system.
 15-3          SECTION 19.  Subsection (b), Section 814.302, Government
 15-4    Code, is amended to read as follows:
 15-5          (b)  If a person dies who, at the time of death, was a
 15-6    contributing member of a retirement program administered by the
 15-7    board of trustees and was eligible, having met the requirements of
 15-8    service credit and attained age, for a service retirement annuity
 15-9    based on service in one or more board-administered programs or was
15-10    a contributing member of the employee class, had at least three
15-11    years of service credit in that class, and would have been eligible
15-12    to retire under the proportionate retirement program under Chapter
15-13    803, but was not eligible to select a death benefit plan, the
15-14    person's surviving spouse may select a plan in the same manner that
15-15    the decedent could have made the selection if the decedent had
15-16    retired on the last day of the month in which the person died.  If
15-17    there is no surviving spouse, the guardian of the decedent's
15-18    surviving minor children may select a plan.  If the decedent is not
15-19    survived by a spouse or minor children, an annuity may not be paid
15-20    under this subsection.
15-21          SECTION 20.  Section 815.103, Government Code, is amended by
15-22    adding Subsection (d) to read as follows:
15-23          (d)  The board of trustees may accept on behalf of the
15-24    retirement system gifts of money or other property from any public
15-25    or private source.
15-26          SECTION 21.  Subsection (e), Section 815.110, Government
15-27    Code, is amended to read as follows:
 16-1          (e)  The board of trustees [annually] shall select an
 16-2    independent auditor to perform an annual [a] financial audit of the
 16-3    retirement system.  The selection shall be in accordance with the
 16-4    requirements of Chapter 2254 for obtaining the services of a
 16-5    certified public accountant [made under a competitive bidding
 16-6    process in which the state auditor is eligible to bid].
 16-7          SECTION 22.  Subsection (f), Section 815.202, Government
 16-8    Code, is amended to read as follows:
 16-9          (f)  The board of trustees may specifically delegate any
16-10    right, power, or duty imposed or conferred on the executive
16-11    director by law to another employee of the retirement system.  If
16-12    not so specifically delegated, the executive director may delegate
16-13    to another employee of the retirement system any right, power, or
16-14    duty assigned to the executive director.
16-15          SECTION 23.  Section 815.208, Government Code, is amended by
16-16    adding Subsections (d) and (e) to read as follows:
16-17          (d)  The board of trustees may compensate employees of the
16-18    retirement system, whether subject to or exempt from the overtime
16-19    provisions of the Fair Labor Standards Act of 1938 (29 U.S.C.
16-20    Section 201 et seq.), at the rate equal to the employees' regular
16-21    rate of pay for work performed on a legal holiday or for other
16-22    compensatory time accrued, when taking compensatory time off would
16-23    be disruptive to the system's normal business functions.
16-24          (e)  The retirement system is exempt from Subchapter K,
16-25    Chapter 659, and Chapter 660, to the extent the board of trustees
16-26    determines an exemption is necessary for the performance of
16-27    fiduciary duties.
 17-1          SECTION 24.  Section 815.301, Government Code, is amended by
 17-2    adding Subsection (f) to read as follows:
 17-3          (f)  For purposes of the investment authority of the board of
 17-4    trustees under Section 67, Article XVI, Texas Constitution,
 17-5    "securities" means any investment instrument within the meaning of
 17-6    the term as defined by Section 4, The Securities Act (Article
 17-7    581-4, Vernon's Texas Civil Statutes), 15 U.S.C. Section 77b(a)(1),
 17-8    or 15 U.S.C. Section 78c(a)(10).
 17-9          SECTION 25.  Section 815.322, Government Code, is amended to
17-10    read as follows:
17-11          Sec. 815.322.  TRANSFER OF ASSETS TO ADJUST AMOUNT IN
17-12    RETIREMENT ANNUITY RESERVE ACCOUNT.  After making the transfers
17-13    required by Section 815.318, the executive director [board of
17-14    trustees] shall make a transfer to make the amount in the
17-15    retirement annuity reserve account equal, as of the last day of
17-16    each fiscal year, to the actuarial present value of the annuities
17-17    for which a transfer of assets has been made as required by Section
17-18    815.319.  The transfer shall be:
17-19                (1)  a transfer from the retirement annuity reserve
17-20    account to the state accumulation account of the amount by which
17-21    the amount in the retirement annuity reserve account exceeds the
17-22    actuarial present value of the annuities; or
17-23                (2)  a transfer from the state accumulation account to
17-24    the retirement annuity reserve account of the amount by which the
17-25    actuarial present value of the annuities exceeds the amount in the
17-26    retirement annuity reserve account.
17-27          SECTION 26.  Subsection (a), Section 815.502, Government
 18-1    Code, is amended to read as follows:
 18-2          (a)  If a valid application for payment based on money or
 18-3    credit in a member's individual account in the employees saving
 18-4    account is not filed with the retirement system before the
 18-5    expiration of five years after the last day of the most recent
 18-6    month of service for which the member has credit in the retirement
 18-7    system, the retirement system may [shall] mail a notice to the
 18-8    member at the member's most recent address as shown on system
 18-9    records.  If no address is available or if the notice is returned
18-10    unclaimed, the retirement system shall cause a notice to be
18-11    published in a newspaper of general circulation in the state.
18-12          SECTION 27.  Section 815.503, Government Code, is amended to
18-13    read as follows:
18-14          Sec. 815.503.  [MEMBERS'] RECORDS.  (a) Records of members
18-15    and annuitants [beneficiaries] under retirement plans administered
18-16    by the retirement system that are in the custody of the system or
18-17    of an administrator, carrier, or other governmental agency acting
18-18    in cooperation with or on behalf of the retirement system are
18-19    [considered to be personnel records and are required to be treated
18-20    as] confidential and not subject to public disclosure and are
18-21    exempt from the public access provisions of Chapter 552, except as
18-22    otherwise provided by this section [information under Section
18-23    552.101].
18-24          (b)  Records may be released to a member or annuitant or to
18-25    an authorized attorney, family member, or representative acting on
18-26    behalf of the member or annuitant. The retirement system may
18-27    release the records to an administrator, carrier, or agent or
 19-1    attorney acting on behalf of the retirement system, to another
 19-2    governmental entity having a legitimate need for the information to
 19-3    perform the purposes of the retirement system, or to a party in
 19-4    response to a subpoena issued under applicable law.
 19-5          (c)  The records of a member or annuitant remain confidential
 19-6    after release to a person as authorized by this section.  The
 19-7    records of a member or annuitant may become part of the public
 19-8    record of an administrative or judicial proceeding related to a
 19-9    contested case under Subtitle D or E or this subtitle, unless the
19-10    records are closed to public access by a protective order issued
19-11    under applicable law.
19-12          SECTION 28.  Section 815.505, Government Code, is amended to
19-13    read as follows:
19-14          Sec. 815.505.  CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
19-15    CUSTODIAL OFFICERS.  Not later than the 12th day of the month
19-16    following the month in which a person begins or ceases employment
19-17    as a law enforcement officer or custodial officer, the Public
19-18    Safety Commission, the Texas Alcoholic Beverage Commission, the
19-19    Parks and Wildlife Commission, the State Board of Pharmacy, the
19-20    Board of Pardons and Paroles, or the Texas Board of Criminal
19-21    Justice, as applicable, shall certify to the retirement system, in
19-22    the manner prescribed by the system, the name of the employee and
19-23    such other information as the system determines is necessary for
19-24    the crediting of service and financing of benefits under this
19-25    subtitle.
19-26          SECTION 29.  Section 815.511, Government Code, is amended to
19-27    read as follows:
 20-1          Sec. 815.511.  [APPEAL OF] ADMINISTRATIVE DECISION; APPEAL
 20-2    AND NEGOTIATION.  (a)  The board of trustees may modify or delete a
 20-3    proposed finding of fact or conclusion of law contained in a
 20-4    proposal for decision submitted by an administrative law judge or
 20-5    other hearing examiner, or make alternative findings of fact and
 20-6    conclusions of law, in a proceeding considered to be a contested
 20-7    case under Chapter 2001.  The board of trustees shall state in
 20-8    writing the specific reason for its determination and may adopt
 20-9    rules for the implementation of this subsection.
20-10          (b)  A person aggrieved by a decision of any retirement
20-11    system administered by the board of trustees denying or limiting
20-12    membership, service credit, or eligibility for or the amount of
20-13    benefits payable by a system may appeal the decision to the board.
20-14    The appeal is considered to be an appeal of a contested case under
20-15    the administrative procedure law, Chapter 2001.  On judicial appeal
20-16    the standard of review is by substantial evidence.
20-17          (c)  Notwithstanding Subsection (b), the retirement system
20-18    and a person aggrieved by a decision of the system may at any time
20-19    informally negotiate an award of benefits.  Negotiated benefits may
20-20    not exceed the maximum benefits otherwise available or required by
20-21    law.
20-22          (d)  On behalf of the retirement system, the executive
20-23    director may refer an appeal made under Subsection (b) to the State
20-24    Office of Administrative Hearings for a hearing or, notwithstanding
20-25    Section 2003.021 or other law, employ or contract for the services
20-26    of an administrative law judge or hearing examiner not affiliated
20-27    with the State Office of Administrative Hearings to conduct the
 21-1    hearing.
 21-2          SECTION 30.  Section 840.102, Government Code, is amended by
 21-3    amending Subsection (a)  and adding Subsection (g) to read as
 21-4    follows:
 21-5          (a)  Except as provided by Subsection (g), each [Each]
 21-6    payroll period, a judicial officer who is a member of the
 21-7    retirement system is required to contribute six percent of the
 21-8    officer's state compensation for the period to the retirement
 21-9    system.
21-10          (g)  A member who accrues 20 years of service credit in the
21-11    retirement system ceases making contributions under this section
21-12    but is considered a contributing member for all other purposes
21-13    under this subtitle.
21-14          SECTION 31.  Subsection (b), Section 840.103, Government
21-15    Code, is amended to read as follows:
21-16          (b)  Not later than December 31 [Before November 2] of each
21-17    even-numbered year, the retirement system shall certify to the
21-18    Legislative Budget Board and to the budget division of the
21-19    governor's office for review:
21-20                (1)  an actuarial valuation of the retirement system to
21-21    determine the percentage of annual payroll required from the state
21-22    to finance fully the retirement system as provided by Section
21-23    840.106;
21-24                (2)  an estimate of the amount necessary to pay the
21-25    state's contribution under Subdivision (1) for the following
21-26    biennium; and
21-27                (3)  as a separate item, an estimate of the amount, in
 22-1    addition to anticipated receipts from membership fees, required to
 22-2    administer the retirement system for the following biennium.
 22-3          SECTION 32.  Section 840.301, Government Code, is amended by
 22-4    adding Subsection (c) to read as follows:
 22-5          (c)  For purposes of the investment authority of the board of
 22-6    trustees under Section 67, Article XVI, Texas Constitution,
 22-7    "securities" means any investment instrument within the meaning of
 22-8    the term as defined by Section 4, The Securities Act (Article
 22-9    581-4, Vernon's Texas Civil Statutes), 15 U.S.C. Section 77b(a)(1),
22-10    or 15 U.S.C. Section 78c(a)(10).
22-11          SECTION 33.  Section 840.402, Government Code, is amended to
22-12    read as follows:
22-13          Sec. 840.402.  RETIREMENT SYSTEM RECORDS.  Records of members
22-14    and annuitants [beneficiaries] of the retirement system [that are
22-15    in the custody of the system] are [considered to be personnel
22-16    records and are required to be treated as] confidential within the
22-17    terms of Section 815.503 [information under Section 552.101].
22-18          SECTION 34.  Subdivision (18), Subsection (a), Section 3,
22-19    Texas Employees Uniform Group Insurance Benefits Act (Article
22-20    3.50-2, Vernon's Texas Insurance Code), is amended to read as
22-21    follows:
22-22                (18)  "Institution of higher education" means any
22-23    public community/junior college or senior college or university, or
22-24    any other agency of higher education within the meaning and
22-25    jurisdiction of Chapter 61, Education Code, except The University
22-26    of Texas System and The Texas A&M University System.  [The term
22-27    does not include Texas Tech University and the University of
 23-1    Houston System unless either of these entities elects to
 23-2    participate in accordance with Section 3A of this Act.]
 23-3          SECTION 35.  Section 3A, Texas Employees Uniform Group
 23-4    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 23-5    Code), is amended to read as follows:
 23-6          Sec. 3A.  PARTICIPATION BY CERTAIN ENTITIES [CERTAIN
 23-7    INSTITUTIONS MAY ELECT TO PARTICIPATE].  (a)  The Texas Municipal
 23-8    Retirement System and the Texas County and District Retirement
 23-9    System shall [Texas Tech University, the University of Houston
23-10    System, or both may] participate in the Texas Employees Uniform
23-11    Group Insurance [Benefits] Program administered by the Employees
23-12    Retirement System of Texas under this Act.  Participation is
23-13    limited to the officers and employees of the systems; eligible
23-14    dependents of the officers and employees; persons who have retired
23-15    from either system, who receive or are eligible to receive an
23-16    annuity from either system or under Chapter 803, Government Code,
23-17    based on at least 10 years of service credit, who have at least
23-18    three years of service with a department, including either system,
23-19    whose employees are authorized to participate in the program
23-20    provided by this Act, and who were officers or employees of either
23-21    system; and eligible dependents of the retired officers and
23-22    employees.  An officer or employee of either system is an employee
23-23    for purposes of this Act, and a retired officer or employee of
23-24    either system is an annuitant for purposes of this Act.
23-25    Participation under this subsection does not include the governing
23-26    bodies of either system, the municipalities or subdivisions
23-27    participating in either system, or the trustees, officers, or
 24-1    employees, or their dependents, of the participating municipalities
 24-2    or subdivisions.  A participant described by this subsection may
 24-3    not receive a state contribution for premiums [The university or
 24-4    system must notify the trustee of its election to participate not
 24-5    later than April 1, 1992].
 24-6          (b)  A person who began employment with, or became an officer
 24-7    of, the Texas Turnpike Authority within the three-year period
 24-8    preceding August 31, 1997, who was an officer or employee of the
 24-9    Texas Turnpike Authority on that date, who became an officer or
24-10    employee of the North Texas Tollway Authority on September 1, 1997,
24-11    and who retires or is eligible to retire with at least 10 years of
24-12    service credit under the proportionate retirement program
24-13    established by Chapter 803, Government Code, or under one of the
24-14    public retirement systems to which Chapter 803 applies may
24-15    participate in the programs and coverages provided by this Act as
24-16    an annuitant and may obtain coverage for the person's dependents as
24-17    any other participating annuitant.  The North Texas Tollway
24-18    Authority is responsible for payment of the contributions the state
24-19    would make if the annuitants were state employees.
24-20          SECTION 36.  Section 4B, Texas Employees Uniform Group
24-21    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
24-22    Code), is amended by adding Subsections (c-1), (c-2), and (c-3) to
24-23    read as follows:
24-24          (c-1)  The board of trustees may modify or delete a proposed
24-25    finding of fact or conclusion of law contained in a proposal for
24-26    decision submitted by an administrative law judge or other hearing
24-27    examiner, or make alternative findings of fact and conclusions of
 25-1    law, in a proceeding considered to be a contested case under
 25-2    Chapter 2001, Government Code.  The board of trustees shall state
 25-3    in writing the specific reason for the determination and may adopt
 25-4    rules for the implementation of this subsection.
 25-5          (c-2)  Notwithstanding Subsections (c) and (d) of this
 25-6    section, the trustee and a person who has standing to pursue an
 25-7    administrative appeal may at any time informally negotiate an award
 25-8    of benefits.  Negotiated benefits may not exceed the maximum
 25-9    benefits otherwise available or required by law.
25-10          (c-3)  On behalf of the trustee, the executive director may
25-11    refer an appeal made under Subsection (c) of this section to the
25-12    State Office of Administrative Hearings for a hearing or,
25-13    notwithstanding Section 2003.021, Government Code, or other law,
25-14    employ or contract for the services of an administrative law judge
25-15    or hearing examiner not affiliated with the State Office of
25-16    Administrative Hearings to conduct the hearing.
25-17          SECTION 37.  Section 5, Texas Employees Uniform Group
25-18    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
25-19    Code), is amended by amending Subsections (a), (d), and (f) and
25-20    adding Subsection (e) to read as follows:
25-21          (a)  The trustee is authorized, empowered, and directed to
25-22    establish plans of group coverages for active employees and retired
25-23    employees which in the trustee's discretion may include but are not
25-24    necessarily limited to the following:  group life coverages,
25-25    accidental death and dismemberment, health benefits plans,
25-26    including but not limited to hospital care and benefits, surgical
25-27    care and treatment, medical care and treatment, dental care,
 26-1    obstetrical benefits, prescribed drugs, medicines, and prosthetic
 26-2    devices and supplemental benefits, supplies, and services in
 26-3    conformity with the provisions of this Act, protection against
 26-4    either long or short term loss of salary and any other group
 26-5    coverages which in the discretion of the trustee with consultation
 26-6    from the advisory committee shall be deemed advisable.  All rules
 26-7    and regulations shall be promulgated pursuant thereto.  The trustee
 26-8    shall determine the coverages desired for state employees and other
 26-9    eligible participants [will submit this information to the State
26-10    Board of Insurance for any recommendations as to the types and
26-11    sufficiency of such coverages.  The State Board of Insurance will
26-12    notify the board of trustees within 30 days as to any such
26-13    recommendations and will furnish the board of trustees with a list
26-14    of all carriers authorized to do business in the State of Texas who
26-15    would be eligible to bid on the coverages that are to be insured by
26-16    a carrier].  The trustee will notify eligible [those] carriers that
26-17    competitive bidding will be conducted and that they are to submit
26-18    their bids to the trustee [State Board of Insurance] by a specified
26-19    date if they wish to bid on the contract.  An actuary selected by
26-20    the trustee shall advise the trustee as to the actuarial soundness
26-21    of the bids received.  [The State Board of Insurance will, after
26-22    the designated closing date of receiving bids, examine and evaluate
26-23    the bidding contracts and certify their actuarial soundness to the
26-24    trustee within 15 days from the closing date.]  The trustee shall
26-25    select the desired carrier or carriers and will notify the bidding
26-26    eligible carriers as to the results of the bidding.  The trustee
26-27    shall select the desired carrier or carriers to provide services
 27-1    that will [which shall] be in the best interest of the employees
 27-2    covered by this Act.  The trustee is not required to select the
 27-3    lowest bid but shall take into consideration other factors such as
 27-4    ability to service contracts, past experience, financial ability,
 27-5    and other relevant criteria.  Should the trustee select a carrier
 27-6    whose bid differs from that advertised, such deviation shall be
 27-7    recorded and the reasons for such deviation shall be fully
 27-8    justified and explained in the minutes of the next meeting of the
 27-9    trustee.  The trustee shall submit the coverages provided by the
27-10    group plan for competitive bidding at least every six years.
27-11          (d)  No department shall establish, continue, or authorize
27-12    payroll deductions or reductions for any benefits or coverage as
27-13    provided in this Act without the express approval of the trustee[,
27-14    except for benefits from the deferred compensation program
27-15    established pursuant to Chapter 197, Acts of the 63rd Legislature,
27-16    Regular Session, 1973 (Article 6252-3b, Vernon's Texas Civil
27-17    Statutes)].
27-18          (e)  Before the first day of each state fiscal biennium, the
27-19    trustee shall estimate for an average 60-day period during the
27-20    biennium the expenditures from the fund anticipated for self-funded
27-21    plans, considering claims and administrative expenses for those
27-22    plans that are projected to be incurred.  The trustee shall place
27-23    the estimated amount in a contingency reserve fund to provide for
27-24    adverse fluctuations in claims or administrative expenses.  The
27-25    trustee shall include in each request for legislative
27-26    appropriations to the program the amount the trustee determines to
27-27    be necessary to maintain the contingency reserve fund at the level
 28-1    required by this subsection.  The trustee may invest and reinvest
 28-2    any portion of the contingency reserve fund under the standard of
 28-3    care provided by Section 815.307, Government Code, considering the
 28-4    functional need to provide for adverse fluctuations in claims or
 28-5    administrative expenses.  The interest on, earnings of, and
 28-6    proceeds from the sale of investments of assets in the contingency
 28-7    reserve fund shall be credited to the fund.
 28-8          (f)  The trustee, in its sole discretion and in accordance
 28-9    with the requirements of this section, shall determine those plans
28-10    of coverages for which the trustee does not intend to purchase
28-11    insurance and which it intends to provide directly from the
28-12    Employees Life, Accident, and Health Insurance and Benefits Fund.
28-13    Any plan of coverages for which the trustee does not purchase
28-14    insurance but provides under this Act on a self-funded basis is
28-15    exempt from any other insurance law unless the law expressly
28-16    applies to this plan or this Act.  A qualified actuary selected by
28-17    the trustee shall advise the trustee as to an actuarially sound
28-18    level of contributions required to provide coverages directly from
28-19    the fund.  [The trustee shall make an estimate of the unrestricted
28-20    balance of the fund.  Unless such estimated unrestricted balance is
28-21    equal to at least 10 percent of the total benefits expected to be
28-22    provided directly from the fund as a result of claims incurred
28-23    during the fiscal year, the trustee shall include in the
28-24    contributions required the amount necessary to establish an
28-25    unrestricted balance in the fund of not less than 10 percent.  The
28-26    unrestricted balance shall be placed in a contingency reserve fund
28-27    to provide for adverse fluctuations in future charges, claims,
 29-1    costs, or expenses of the program.]
 29-2          SECTION 38.  Section 6, Texas Employees Uniform Group
 29-3    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 29-4    Code), is amended to read as follows:
 29-5          Sec. 6.  BENEFIT CERTIFICATES; IDENTIFICATION CARDS.  (a) The
 29-6    trustees shall provide for the issuance to each employee insured
 29-7    under this Act a certificate of insurance setting forth the
 29-8    benefits to which the employee is entitled, to whom the benefits
 29-9    are payable, to whom the claims shall be submitted, and summarizing
29-10    the provisions of the policy principally affecting the employee.
29-11          (b)  The trustee may issue a single identification card to
29-12    participants in a health benefits plan and separately administered
29-13    coverage under this Act that offers pharmacy benefits.  The card
29-14    may contain information regarding both health and pharmacy
29-15    benefits.
29-16          SECTION 39.  Section 7, Texas Employees Uniform Group
29-17    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
29-18    Code), is amended to read as follows:
29-19          Sec. 7.  ANNUAL REPORT.  The [As soon as practicable after
29-20    the end of each calendar year but not later than 90 days
29-21    thereafter, the] trustee shall make a written report not later than
29-22    January 1 of each year to the governor, lieutenant governor,
29-23    speaker of the house of representatives, and Legislative Budget
29-24    Board [State Board of Insurance] concerning the coverages provided
29-25    and the benefits and services being received by all employees
29-26    insured under the provisions of this Act and including information
29-27    about the effectiveness and efficiency of managed care cost
 30-1    containment practices and fraud detection and prevention
 30-2    procedures. [It shall be the duty of the State Board of Insurance
 30-3    to review such report and advise the trustee in regard to the
 30-4    features of the coverages provided for employees and cooperate
 30-5    fully with the trustee in carrying out the purposes of the Act.]
 30-6          SECTION 40.  Section 8, Texas Employees Uniform Group
 30-7    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 30-8    Code), is amended to read as follows:
 30-9          Sec. 8.  REINSURANCE.  The trustee, in its sole discretion
30-10    and under conditions it approves, may reinsure any coverage that it
30-11    has determined will be provided directly from the fund in
30-12    accordance with Section 5(f) of this Act.  [(a)  The trustee shall
30-13    arrange with any carrier or carriers issuing any policy or policies
30-14    under this Act for the reinsurance, under conditions approved by
30-15    the trustee, of portions of the total amount of insurance under
30-16    such policy or policies, with other qualified carriers which elect
30-17    to participate in the reinsurance.]
30-18          [(b)  The trustee shall determine for and in advance of a
30-19    policy year which qualified carriers are eligible to participate as
30-20    reinsurers and the amount of insurance under a policy or policies
30-21    which is to be allocated to the issuing company and reinsurers.
30-22    The trustee shall make this determination when a participating
30-23    company withdraws.]
30-24          SECTION 41.  Section 10, Texas Employees Uniform Group
30-25    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
30-26    Code), is amended by adding Subsection (c) to read as follows:
30-27          (c)  The records of a participant in the Texas Employees
 31-1    Uniform Group Insurance Program in the custody of the trustee, or
 31-2    of an administrator or carrier acting on behalf of the trustee, are
 31-3    confidential and not subject to disclosure and are exempt from the
 31-4    public access provisions of Chapter 552, Government Code, except as
 31-5    provided by this subsection.  Records may be released to a
 31-6    participant or to an authorized attorney, family member, or
 31-7    representative acting on behalf of the participant.  The trustee
 31-8    may release the records to an administrator, carrier, or agent or
 31-9    attorney acting on behalf of the trustee, to another governmental
31-10    entity, to a medical provider of the participant for the purpose of
31-11    carrying out the purposes of this Act, or to a party in response to
31-12    a subpoena issued under applicable law.  The records of a
31-13    participant remain confidential after release to a person as
31-14    authorized by this subsection.  The records of a participant may
31-15    become part of the public record of an administrative or judicial
31-16    proceeding related to a contested case under this Act, unless the
31-17    records are closed to public access by a protective order issued
31-18    under applicable law.
31-19          SECTION 42.  Subdivision (3), Subsection (e), Section 11,
31-20    Texas Employees Uniform Group Insurance Benefits Act (Article
31-21    3.50-2, Vernon's Texas Insurance Code), is amended to read as
31-22    follows:
31-23                (3)  An annuitant [A retiree] participating in optional
31-24    term life insurance coverage is not eligible for premium-waived
31-25    extended insurance benefits [or accelerated life insurance
31-26    benefits] if the total disability [or terminal condition,
31-27    respectively,] begins after the date of retirement.  Accidental
 32-1    death and dismemberment insurance coverage ceases on the date of
 32-2    retirement, regardless of age.  An annuitant participating in
 32-3    optional term life insurance coverage is eligible for accelerated
 32-4    life insurance benefits as provided by rules adopted under the
 32-5    authority of Subsection (d) of this section, as added by Chapter
 32-6    1048, Acts of the 75th Legislature, Regular Session, 1997.
 32-7          SECTION 43.  Section 11A, Texas Employees Uniform Group
 32-8    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 32-9    Code), is amended to read as follows:
32-10          Sec. 11A.  PAYMENT OF ACCELERATED BENEFITS; IRREVOCABLE
32-11    DESIGNATION OF BENEFICIARY.  [(a)] The trustee shall adopt rules
32-12    requiring a group life insurance program provided to employees,
32-13    including annuitants or dependents, to include a provision allowing
32-14    the employee, annuitant, or dependent to make, in conjunction with
32-15    receipt of a viatical settlement, an irrevocable designation of
32-16    beneficiary for part or all of the group life coverage benefits.  A
32-17    viatical settlement is not valid for any coverage under the Texas
32-18    Employees Uniform Group Insurance Program unless the employee,
32-19    annuitant, or dependent has a terminal illness or terminal injury,
32-20    as defined by rules adopted by the trustee, at the time application
32-21    for benefits is made.[:]
32-22                [(1)  elect to receive an accelerated benefit under
32-23    Article 3.50-6, Insurance Code, subject to the provisions of that
32-24    article; or]
32-25                [(2)  make, in conjunction with receipt of a viatical
32-26    settlement, an irrevocable designation of a beneficiary for all or
32-27    a part of the group life coverage benefits.]
 33-1          [(b)]  In this section, "viatical settlement" has the meaning
 33-2    assigned by Article 3.50-6A, Insurance Code.
 33-3          SECTION 44.  Section 13, Texas Employees Uniform Group
 33-4    Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
 33-5    Code), is amended by adding Subsection (e) to read as follows:
 33-6          (e)  Except as provided by Section 13A of this Act, on
 33-7    application to the trustee and arrangement for payment of
 33-8    contributions, a former member of a board or commission described
 33-9    by Section 3(a)(5)(A)(vi) of this Act or a former member of the
33-10    governing body of an institution of higher education remains
33-11    eligible for participation in a group health coverage plan offered
33-12    under this Act as long as no lapse in coverage occurs after the end
33-13    of the former member's term.  A participant described by this
33-14    subsection may not receive a state contribution for premiums, but
33-15    the governing body of an institution of higher education may elect
33-16    to pay from local funds part or all of the contributions the state
33-17    would pay for similar coverage of other participants in the
33-18    program.  The participant's contribution for coverage under a group
33-19    health coverage plan may not be greater than the contribution for
33-20    continuation coverage under the Consolidated Omnibus Budget
33-21    Reconciliation Act of 1985 (Pub. L. No. 99-272).
33-22          SECTION 45.  Subsection (d), Section 13B, Texas Employees
33-23    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
33-24    Texas Insurance Code), is amended to read as follows:
33-25          (d)  Each employee shall be enrolled in the premium
33-26    conversion benefit portion of the cafeteria plan [unless the
33-27    employee notifies the trustee in writing that the employee elects
 34-1    not to be enrolled].  Notwithstanding any provision of Section 16B
 34-2    of this Act to the contrary, the trustee may not establish a fee or
 34-3    charge for administering the premium conversion benefit portion of
 34-4    the cafeteria plan.
 34-5          SECTION 46.  The Texas Employees Uniform Group Insurance
 34-6    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
 34-7    amended by adding Section 16A to read as follows:
 34-8          Sec. 16A.  MANAGEMENT OF ASSETS.  The trustee may commingle
 34-9    for investment purposes the assets of any fund created under this
34-10    Act with any other fund created under this Act or any other trust
34-11    fund administered by the trustee, as long as proportionate
34-12    ownership records are maintained and credited.
34-13          SECTION 47.  The Texas Employees Uniform Group Insurance
34-14    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code) is
34-15    amended by adding Section 16C to read as follows:
34-16          Sec. 16C.  EMPLOYEES' HEALTH CARE STABILIZATION TRUST FUND.
34-17    (a)  The employees' health care stabilization trust fund is a
34-18    special fund in the treasury outside the general revenue fund.
34-19          (b)  The fund is composed of:
34-20                (1)  money transferred to the fund at the direction of
34-21    the legislature;
34-22                (2)  gifts and grants contributed to the fund; and
34-23                (3)  the returns received as interest on, and from
34-24    investment of, money in the fund.
34-25          (c)  The trustee shall administer the fund.  The trustee may
34-26    manage and invest the money in the fund under the standard of care
34-27    provided by Section 815.307, Government Code.  In administering the
 35-1    fund, the trustee shall make investments in a manner that preserves
 35-2    the purchasing power of the fund's assets.
 35-3          (d)  Money in the fund may not be spent for any purpose,
 35-4    except that the interest and investment returns of the fund may be
 35-5    appropriated only for the purpose of stabilizing the cost of state
 35-6    and participant contributions for health care coverage under this
 35-7    Act by minimizing to the greatest extent possible increases in
 35-8    those contributions.
 35-9          (e)  The fund is exempt from the application of Section
35-10    403.095, Government Code.
35-11          SECTION 48.  Subsection (a), Section 18, Texas Employees
35-12    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
35-13    Texas Insurance Code), is amended to read as follows:
35-14          (a)  The group benefits advisory committee is composed of 26
35-15    voting members as provided by this section.  The office of the
35-16    attorney general, the office of the comptroller, the Railroad
35-17    Commission of Texas, the General Land Office, and the Department of
35-18    Agriculture are entitled to be represented by one member each on
35-19    the committee, who may be appointed by the governing body of the
35-20    state agency or elected by and from the employees of the agency, as
35-21    determined by rule by the governing body of the agency.  One
35-22    employee shall be elected from each of the remaining eight largest
35-23    state agencies that are governed by appointed officers by and from
35-24    the employees of those agencies.  One nonvoting member shall be the
35-25    executive director of the Employees Retirement System of Texas.
35-26    One member shall be an expert in employee benefit issues from the
35-27    private sector, appointed by the governor.  One member shall be an
 36-1    expert in employee benefits issues from the private sector,
 36-2    appointed by the lieutenant governor.  One member shall be a
 36-3    retired state employee appointed by the trustee.  One member shall
 36-4    be a state employee of a state agency eligible for membership in
 36-5    the Texas Small State Agency Task Force [other than one of the
 36-6    eight largest state agencies], appointed by the trustee.  Not more
 36-7    than one employee from a particular state agency may serve on the
 36-8    committee.  Each of the seven largest institutions of higher
 36-9    education, as determined by the number of employees on the payroll
36-10    of an institution, shall elect one member of the committee from
36-11    among persons who have each been nominated by a petition signed by
36-12    at least 300 employees.  Two members shall be employees of
36-13    institutions of higher education, other than the seven largest
36-14    institutions of higher education, who are appointed by the Texas
36-15    Higher Education Coordinating Board, but not more than one employee
36-16    shall be from any one institution.  The members shall elect a
36-17    presiding officer from their membership to serve a one-year term.
36-18          SECTION 49.  Subsection (b), Section 19, Texas Employees
36-19    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
36-20    Texas Insurance Code), is amended to read as follows:
36-21          (b)  A surviving spouse of an employee or a retiree who is
36-22    entitled to monthly benefits paid by a retirement system named in
36-23    this Act may, following the death of the employee or retiree, elect
36-24    to retain the spouse's authorized coverages and also retain
36-25    authorized coverages for any dependent of the spouse, at the group
36-26    rate for employees, provided such coverage was previously secured
36-27    by the employee or retiree for the spouse or dependent, and the
 37-1    spouse directs the applicable retirement system to deduct required
 37-2    contributions from the monthly benefits paid the surviving spouse
 37-3    by the retirement system.  A surviving dependent of a retiree who
 37-4    was receiving monthly benefits paid by a retirement system named in
 37-5    this Act may, after the death of the retiree and if the retiree
 37-6    leaves no surviving spouse, elect to retain any coverage previously
 37-7    secured by the retiree, at the group rate for employees, until the
 37-8    dependent becomes ineligible for coverage for a reason other than
 37-9    the death of the member of the group.  A dependent who makes an
37-10    election under this subsection and who is entitled to monthly
37-11    benefits from a retirement system named in this Act based on the
37-12    service of the deceased retiree must direct the applicable
37-13    retirement system to deduct required contributions for the coverage
37-14    from the monthly benefits paid the surviving dependent by the
37-15    retirement system.  If funds are specifically appropriated for the
37-16    purpose, the state shall pay the same portion of the cost of the
37-17    required contributions for a deceased retiree's surviving spouse or
37-18    other surviving dependent who elects to retain coverage under this
37-19    subsection as it pays for similar dependent coverage for an
37-20    employee or retiree participating in the program.
37-21          SECTION 50.  Subsection (a), Section 403.026, Government
37-22    Code, as added by Chapter 1153, Acts of the 75th Legislature,
37-23    Regular Session, 1997, is amended to read as follows:
37-24          (a)  The comptroller shall conduct a study each biennium to
37-25    determine the number and type of fraudulent claims for medical or
37-26    health care benefits submitted:
37-27                (1)  under the state Medicaid program; or
 38-1                (2)  [under group health insurance programs
 38-2    administered through the Employees Retirement System of Texas for
 38-3    active and retired state employees; or]
 38-4                [(3)]  by or on behalf of a state employee and
 38-5    administered by the attorney general under Chapter 501, Labor Code.
 38-6          SECTION 51.  Section 609.007, Government Code, is amended by
 38-7    adding Subsection (d) to read as follows:
 38-8          (d)  A contract created under this section need not be in
 38-9    writing and may be communicated to the plan administrator
38-10    electronically or by any other means approved by the plan's
38-11    trustees.
38-12          SECTION 52.  Section 609.505, Government Code, is amended by
38-13    amending Subsection (a)  and adding Subsections (c) and (d) to read
38-14    as follows:
38-15          (a)  The board of trustees, in accordance with rules adopted
38-16    under this subchapter, may contract with a [qualified] vendor
38-17    qualified to participate in a deferred compensation plan.
38-18          (c)  A vendor or investment product having an ownership or
38-19    other financial interest in the contractor selected by the board of
38-20    trustees to administer a deferred compensation plan is not
38-21    qualified to participate in that plan.
38-22          (d)  The board of trustees shall select vendors or investment
38-23    products based on the quality of investment performance, proven
38-24    ability to manage institutional assets, minimum net worth
38-25    requirements, fee structure, compliance with applicable federal and
38-26    state laws, and other criteria established by the board.  The board
38-27    of trustees shall determine the minimum and maximum number of
 39-1    vendors and investment products that may be offered by a plan at
 39-2    any particular time.
 39-3          SECTION 53.  Section 609.510, Government Code, is amended to
 39-4    read as follows:
 39-5          Sec. 609.510.  EXEMPTION FOR CERTAIN CONTRACTS.  A contract
 39-6    authorized by Section 609.505 [for TexaSaver] or by Section 609.509
 39-7    for either deferred compensation plan is exempt from:
 39-8                (1)  Subtitle D, Title 10;
 39-9                (2)  Chapter 463; and
39-10                (3)  Chapter 2254.
39-11          SECTION 54.  Section 615.001, Government Code, is amended to
39-12    read as follows:
39-13          Sec. 615.001.  DEFINITION.  In this chapter, "minor child"
39-14    means a child who, on the date of the death of an individual listed
39-15    under Section 615.003, is younger than 18 [21] years of age.
39-16          SECTION 55.  Subchapter C, Chapter 2155, Government Code, is
39-17    amended by adding Section 2155.146 to read as follows:
39-18          Sec. 2155.146.  CERTAIN PURCHASES BY EMPLOYEES RETIREMENT
39-19    SYSTEM OF TEXAS.  (a)  The Employees Retirement System of Texas is
39-20    delegated all purchasing functions relating to the purchase of
39-21    goods or services from funds other than general revenue funds for a
39-22    purpose the retirement system determines relates to the fiduciary
39-23    duties of the retirement system.
39-24          (b)  The Employees Retirement System of Texas shall acquire
39-25    goods or services by any procurement method approved by the board
39-26    of trustees of the retirement system that provides the best value
39-27    to the retirement system.  The retirement system shall consider the
 40-1    best value standards enumerated in Section 2155.074, as added by
 40-2    Chapter 1206, Acts of the 75th Legislature, Regular Session, 1997.
 40-3          (c)  The commission shall procure goods or services for the
 40-4    Employees Retirement System of Texas at the request of the
 40-5    retirement system, and the retirement system may use the services
 40-6    of the commission in procuring goods or services.
 40-7          SECTION 56.  Subsection (b), Section 2171.055, Government
 40-8    Code, is amended to read as follows:
 40-9          (b)  An institution of higher education as defined by Section
40-10    61.003, Education Code, is not required to participate in the
40-11    commission's contracts for travel agency services or other travel
40-12    services purchased from funds other than general revenue funds or
40-13    educational and general funds as defined by Section 51.009,
40-14    Education Code.  The Employees Retirement System of Texas is not
40-15    required to participate in the commission's contracts for travel
40-16    agency services or other travel services purchased from funds other
40-17    than general revenue funds.
40-18          SECTION 57.  (a)  Monthly payments of a retirement or death
40-19    benefit annuity by the Employees Retirement System of Texas under
40-20    Subtitle B, Title 8, Government Code, are increased beginning with
40-21    the first payment of the annuities that becomes due on or after the
40-22    effective date of this section.
40-23          (b)  The increase does not apply to annuities payable under
40-24    Section 814.103, Government Code.
40-25          (c)  The amount of the monthly increase is computed by
40-26    multiplying the previous monthly benefit by a percentage determined
40-27    in accordance with the following table:
 41-1    LATEST RETIREMENT DATE OR,
 41-2    IF APPLICABLE, DATE OF DEATH                               INCREASE
 41-3    Before September 1, 1953                                        49%
 41-4    On or after September 1, 1953, but before September 1, 1954     47%
 41-5    On or after September 1, 1954, but before September 1, 1955     52%
 41-6    On or after September 1, 1955, but before September 1, 1956     45%
 41-7    On or after September 1, 1956, but before September 1, 1958     49%
 41-8    On or after September 1, 1958, but before September 1, 1959     52%
 41-9    On or after September 1, 1959, but before September 1, 1960     47%
41-10    On or after September 1, 1960, but before September 1, 1961     49%
41-11    On or after September 1, 1961, but before September 1, 1962     47%
41-12    On or after September 1, 1962, but before September 1, 1963     45%
41-13    On or after September 1, 1963, but before September 1, 1964     47%
41-14    On or after September 1, 1964, but before September 1, 1965     49%
41-15    On or after September 1, 1965, but before September 1, 1967     52%
41-16    On or after September 1, 1967, but before September 1, 1968     54%
41-17    On or after September 1, 1968, but before September 1, 1970     49%
41-18    On or after September 1, 1970, but before September 1, 1972     54%
41-19    On or after September 1, 1972, but before September 1, 1973     47%
41-20    On or after September 1, 1973, but before September 1, 1974     37%
41-21    On or after September 1, 1974, but before September 1, 1975     35%
41-22    On or after September 1, 1975, but before September 1, 1976     45%
41-23    On or after September 1, 1976, but before September 1, 1977     41%
41-24    On or after September 1, 1977, but before September 1, 1978     49%
41-25    On or after September 1, 1978, but before September 1, 1979     37%
41-26    On or after September 1, 1979, but before September 1, 1981     23%
41-27    On or after September 1, 1981, but before September 1, 1982     20%
 42-1    On or after September 1, 1982, but before September 1, 1983     22%
 42-2    On or after September 1, 1983, but before September 1, 1984     23%
 42-3    On or after September 1, 1984, but before September 1, 1985     20%
 42-4    On or after September 1, 1985, but before September 1, 1986     23%
 42-5    On or after September 1, 1986, but before September 1, 1987     19%
 42-6    On or after September 1, 1987, but before September 1, 1988     20%
 42-7    On or after September 1, 1988, but before September 1, 1989     15%
 42-8    On or after September 1, 1989, but before September 1, 1990     12%
 42-9    On or after September 1, 1990, but before September 1, 1991      9%
42-10    On or after September 1, 1991, but before September 1, 1992      7%
42-11    On or after September 1, 1992, but before September 1, 1993      6%
42-12    On or after September 1, 1993, but before September 1, 1994     12%
42-13    On or after September 1, 1994, but before September 1, 1995      9%
42-14    On or after September 1, 1995, but before September 1, 1996      6%
42-15    On or after September 1, 1996, but before September 1, 1997      3%
42-16    On or after September 1, 1997, but before September 1, 1998      2%
42-17    On or after September 1, 1998, but before September 1, 1999      1%
42-18          SECTION 58.  The Employees Retirement System of Texas shall
42-19    make a supplemental payment under Section 814.603(d), Government
42-20    Code, in the fiscal year beginning September 1, 2000, if the
42-21    payment is in compliance with Section 811.006, Government Code.
42-22          SECTION 59.  The Employees Retirement System of Texas shall
42-23    recompute each annuity being paid under Subtitle E, Title 8,
42-24    Government Code, on December 31, 1999, as if the retirement or
42-25    death on which the annuity is based occurs on that date.  Payments
42-26    of an annuity recomputed under this section begin with the first
42-27    payments that become due after December 31, 1999.
 43-1          SECTION 60.  The change in law made by this Act to Section
 43-2    814.1041, Government Code, prevails over any other Act of the 76th
 43-3    Legislature, Regular Session, 1999, regardless of the relative
 43-4    dates of enactment, that purports to amend Section 814.1041 or
 43-5    create a similar provision to allow a temporary retirement option
 43-6    for members of the Employees Retirement System of Texas whose
 43-7    positions are subject to privatization or a reduction in workforce
 43-8    or who are transferred between state agencies, and any amendment to
 43-9    Section 814.1041, Government Code, or similar provision in another
43-10    Act of the 76th Legislature, Regular Session, 1999, has no effect.
43-11          SECTION 61.  Before October 1, 1999, the Board of Pardons and
43-12    Paroles and the Texas Department of Criminal Justice shall certify
43-13    to the Employees Retirement System of Texas, in the manner
43-14    prescribed by the retirement system, the name of each person
43-15    employed by the board on September 1, 1999, as a custodial officer
43-16    as defined by Section 811.001, Government Code, as amended by this
43-17    Act, and such other information as the system determines is
43-18    necessary for the crediting of service and financing of benefits
43-19    under Subtitle B, Title 8, Government Code.
43-20          SECTION 62.  Section 813.405, Government Code, and
43-21    Subsections (b), (c), and (g), Section 5, Texas Employees Uniform
43-22    Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas
43-23    Insurance Code), are repealed.
43-24          SECTION 63.  (a)  Except as provided by Subsection (b) of
43-25    this section, Subsection (b), Section 814.302, Government Code, as
43-26    amended by this Act, applies only to deaths of contributing members
43-27    of the Employees Retirement System of Texas that occur on or after
 44-1    the effective date of this Act.
 44-2          (b)  The surviving spouse of a contributing member of the
 44-3    Employees Retirement System of Texas who died before the effective
 44-4    date of this Act and whose account has not been refunded may apply
 44-5    for and receive a death benefit annuity under Subsection (b),
 44-6    Section 814.302, Government Code, as amended by this Act.  The
 44-7    effective date of an annuity under this subsection is the last day
 44-8    of the month in which the member died.  The amount of an annuity
 44-9    payable under this subsection will be determined under the plan
44-10    terms in effect in the month in which the member died.  The
44-11    retirement system shall make a lump-sum payment of all unpaid
44-12    annuity payments under this subsection at the time the first
44-13    payment of the annuity becomes due on or after the effective date
44-14    of this Act.  This subsection expires December 31, 1999.
44-15          SECTION 64.  Notwithstanding Section 3A, Texas Employees
44-16    Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's
44-17    Texas Insurance Code), as amended by this Act, a person who retires
44-18    from the Texas County and District Retirement System or the Texas
44-19    Municipal Retirement System on or after the effective date of this
44-20    Act but before September 1, 2002, is not required to meet the
44-21    requirement of three years of service for a department whose
44-22    employees are authorized to participate in the program provided by
44-23    that Act to continue participation authorized by that section.
44-24          SECTION 65.  Section 814.1082, Government Code, as added by
44-25    this Act, applies only to retirements that occur on or after
44-26    January 1, 2000.
44-27          SECTION 66.  This Act takes effect September 1, 1999, except
 45-1    Sections 42, 43, and 57, which take effect January 1, 2000.
 45-2          SECTION 67.  The importance of this legislation and the
 45-3    crowded condition of the calendars in both houses create an
 45-4    emergency and an imperative public necessity that the
 45-5    constitutional rule requiring bills to be read on three several
 45-6    days in each house be suspended, and this rule is hereby suspended.