By Tillery                                            H.B. No. 1826
         77R3443 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to deferred compensation plans available to certain
 1-3     government employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 22, Acts of the 57th Legislature, 3rd
 1-6     Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
 1-7     Statutes), as amended by Chapters 1340 and 1341, Acts of the 75th
 1-8     Legislature, Regular Session, 1997, is amended to read as follows:
 1-9           Sec. 1.  (a)  This section and Section 2 of this Act apply
1-10     to:
1-11                 (1)  boards of trustees of school districts;
1-12                 (2)  governing boards [Local Boards of Education of the
1-13     Public Schools of this State, the Governing Boards] of [the]
1-14     state-supported institutions of higher education;
1-15                 (3)  [,] the Texas Higher Education Coordinating Board;
1-16                 (4)  [,] the Texas Education Agency;
1-17                 (5)  [,] the Texas School for the Deaf;
1-18                 (6)  [,] the Texas School for the Blind and Visually
1-19     Impaired;
1-20                 (7)  [,] the Texas Department of Mental Health and
1-21     Mental Retardation and the state schools, state hospitals, and
1-22     other facilities and institutions under its jurisdiction;
1-23                 (8)  [,] the Texas Department of Health and facilities
1-24     and institutions under its jurisdiction;
 2-1                 (9)  [,] the Texas Youth Commission and facilities and
 2-2     institutions under its jurisdiction;[,] and
 2-3                 (10)  the governing boards of Centers for Community
 2-4     Mental Health and Mental Retardation Services, county hospitals,
 2-5     city hospitals, city-county hospitals, hospital authorities,
 2-6     hospital districts, affiliated state agencies, and each of their
 2-7     political subdivisions.
 2-8           (b)  A governmental entity described under Subsection (a)  of
 2-9     this section [of each of them,] may enter into agreements with the
2-10     entity's [their] employees for the purchase of annuities or for
2-11     contributions to any type of investment for the entity's [their]
2-12     employees as authorized in Section 403(b) of the Internal Revenue
2-13     Code of 1986 [1954], and its subsequent amendments [as it existed
2-14     on January 1, 1981].
2-15           SECTION 2. Sections 2(b) and (c), Chapter 22, Acts of the
2-16     57th Legislature, 3rd Called Session, 1962 (Article 6228a-5,
2-17     Vernon's Texas Civil Statutes), are amended  to read as follows:
2-18           (b)  The comptroller or the governing board, as appropriate
2-19     [the case may be], may:
2-20                 (1)  reduce the salary of participants when authorized
2-21     by the participants and shall apply the amount of the reduction to
2-22     the purchase of annuity contracts or to contributions to any type
2-23     of investment authorized in Section 403(b) of the Internal Revenue
2-24     Code of 1986 [1954], and its subsequent amendments [as it existed
2-25     on January 1, 1981], the exclusive control of which will vest in
2-26     the participants; [and]
2-27                 (2)  develop a system to allow or require participants
 3-1     to electronically authorize:
 3-2                       (A)  participation under this Act;
 3-3                       (B)  purchases of annuity contracts; and
 3-4                       (C)  contributions to investments; and
 3-5                 (3)  after seeking input from participants, approve a
 3-6     list of agents, brokers, or companies through which  annuities or
 3-7     investments that meet the requirements of Section 403(b) of the
 3-8     Internal Revenue Code of 1986, and its subsequent amendments, may
 3-9     be purchased.
3-10           (c)  If the comptroller or the governing board, as
3-11     appropriate, does not approve a list under Subsection (b)(3) of
3-12     this section, a participant [The employee] is entitled to designate
3-13     any agent, broker, or company through which the annuity or
3-14     investment is to be purchased.  If the comptroller or governing
3-15     board, as appropriate, approves a list under Subsection (b)(3) of
3-16     this section, the participant may designate only an agent, broker,
3-17     or company from the list to purchase an annuity or investment.
3-18           SECTION 3. (a)  Except as provided by this section, this Act
3-19     takes effect September 1, 2001.
3-20           (b)  The change in law made by this Act to Section 2(c),
3-21     Chapter 22, Acts of the 57th Legislature, 3rd Called Session, 1962
3-22     (Article 6228a-5, Vernon's Texas Civil Statutes), takes effect
3-23     January 1, 2002.