SRC-SEW S.B. 302 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 302
77R1067 GJH-DBy: Zaffirini
State Affairs
3/14/2001
As Filed


DIGEST AND PURPOSE 

In 1979, the State Pension Review Board (board) was created to monitor
state and local public retirement systems for actuarial soundness and
compliance with state law.  However, unless continued by the legislature,
the board will expire on September 1, 2001.  In its periodic review, the
Sunset Advisory Commission has recommended the continuation of the board as
well as a few statutory changes.  As proposed, S.B. 302 implements these
recommended changes and  continues the board until September 1, 2013.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Pension Review Board
in SECTION 10 (Section 801.201, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 801.102(b), Government Code, to add disability
to the list of characteristics which may not be considered when making an
appointment to the State Pension Review Board (board). 

SECTION 2.  Amends Sections 801.1061(a) and (c), Government Code, as
follows:   

(a) Provides that it is a ground for removal from the board that a member
does not have at the time of taking office the qualifications required by
Section 801.103 or is ineligible for membership under Section 801.1021.
Makes conforming changes.   

(c) Makes a conforming change.  Requires the presiding officer to notify
the governor and the attorney general that a potential ground for removal
exists.  Requires the executive director, if the potential ground for
removal involves the presiding officer, to notify the next highest ranking
officer of the board, who is then required to notify the governor and the
attorney general. 

SECTION 3.  Amends Chapter 801B, Government Code, by adding Section
801.1062, as follows: 

Sec. 801.1062.  TRAINING PROGRAM.  Prohibits a person who is appointed to
and qualifies for office as a member of the board from voting,
deliberating, or being counted as a member in attendance at a meeting of
the board until the person completes a training program that complies with
this section.  Requires the program to provide the person with certain
stated types of information.  Provides that a person appointed to the board
is entitled to reimbursement, as provided by the General Appropriations
Act, for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before or after
the person qualifies for office. 

SECTION 4.  Amends Section 801.107, Government Code, to provide that,
unless continued in existence as provided by Chapter 325 (Texas Sunset
Act), the State Pension Review Board is  abolished and this chapter expires
September 1, 2013. 

SECTION 5.  Amends Section 801.110, Government Code, to require the
governor to designate a member of the board as the presiding officer of the
board to serve in that capacity at the will of the governor, rather than
allowing the board to select its officers. 

SECTION 6.  Amends Section 801.111, Government Code, by amending Subsection
(c) and adding Subsection (e), as follows: 

(c) Requires the board to develop and implement policies that clearly
separate (rather than define) the policymaking responsibilities of the
board and the management responsibilities of the executive director and the
staff of the board. 

(e) Requires the executive director or the executive director's designee to
provide to board employees information and training on the benefits and
methods of participation in the state employee incentive program. 

SECTION 7.  Amends Section 801.1111, Government Code, to require the
executive director or designee to prepare and maintain a written policy
statement that implements a program of equal employment opportunity to
ensure that all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.  Sets forth
requirements for information included in the policy statement.  Requires a
policy statement to be updated annually and be reviewed by the state
Commission on Human Rights for compliance with Subsection(b)(1).  Makes
conforming changes. 

SECTION 8.  Amends Section 801.113, Government Code, as follows:

(a) Provides that the State Pensions Review Board fund is in the state
treasury.  Makes conforming changes. 

  (b) Deletes former Subsection (b) defining "active member," and
"annuitant."   
Prohibits the governing board of any public retirement system from making a
contribution to the State Pension Review Board.  Deletes text authorizing
the board to make an annual contribution under certain conditions. 

(c) Makes a conforming change by deleting existing Subsection (d) regarding
the retirement system being required to certify the amount of the annual
contribution to be made, the comptroller being authorized to prescribe the
form and content of certifications, and the comptroller being required to
deposit remittances received. 
  Deletes text regarding the basis of certain fees.

  (d) Deletes reference to Section 403.094.

SECTION 9.  Amends Section 801.114, Government Code, to require the
executive director or designee, rather than the board, to provide members
to of the board and to agency employees, as often as necessary, information
regarding the requirements for office or employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state officers or
employees. 

SECTION 10.  Amends Section 801.201, Government Code, by adding Subsection
(c), to require the board by rule to adopt a brief standard form that will
assist the board in efficiently determining the actuarial soundness and
current financial condition of a public retirement system and require that
a retirement system submitting information required for the review or study
described under Section 801.202(1) or (2) include the form with the
submission. 

SECTION 11.  Amends Chapter 801C, Government Code, by adding Section
801.207, as follows: 
 
Sec. 801.207.  COMPLAINTS.  Requires the State Pension Review Board
(agency)  to maintain a file on each written complaint filed with the
agency.  Sets forth requirements regarding information required in each
file.  Requires the agency to provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of the agency's
policies and procedures relating to complaint investigation and resolution.
Requires the agency, at least quarterly until final disposition of the
complaint, to notify the person filing the complaint and each person who is
a subject of the complaint of the status of the investigation unless the
notice would jeopardize an undercover investigation. 

SECTION 12.  Provides that the designation of a presiding officer of the
board under Section 801.110, Government Code, as amended by this Act,
applies only to the designation of a presiding officer for a term of office
that begins on or after the effective date of this Act.  Provides that the
presiding officer who is serving immediately before the effective date of
this Act continues to serve as presiding officer for the term for which the
person was selected. 

SECTION 13.  Effective date:  September 1, 2001.