By Danburg                                            H.B. No. 3183
         77R6385 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the composition of the board of trustees of the Teacher
 1-3     Retirement System of Texas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 821.001(5), Government Code, is amended to
 1-6     read as follows:
 1-7                 (5)  "Board of trustees" means the persons [board]
 1-8     appointed or elected under this subtitle to administer the
 1-9     retirement system.
1-10           SECTION 2. Section 825.002, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 825.002.  APPOINTMENT AND ELECTION OF TRUSTEES
1-13     [APPOINTED BY GOVERNOR].  (a)  The governor shall appoint, with the
1-14     advice and consent of the senate [and as provided by this section],
1-15     [seven members of the board of trustees].
1-16           [(b)  The governor shall appoint] three trustees [members] of
1-17     the board of trustees to hold office for staggered terms, with the
1-18     term of one trustee expiring on August 31 of each odd-numbered
1-19     year. These trustees [members] must be persons who have
1-20     demonstrated financial expertise, who have worked in private
1-21     business or industry, and who have broad investment experience,
1-22     preferably in investment of pension funds.  None of the trustees
1-23     [members] appointed under this subsection may be a member or
1-24     annuitant of the retirement system.
 2-1           (b)  Two trustees [(c)  The governor shall appoint two
 2-2     members] of the board of trustees who are [from a slate of three]
 2-3     members of the retirement system and who are currently employed by
 2-4     a public school district shall be elected [and who have been
 2-5     nominated in accordance with Subsection (f)] by the members of the
 2-6     retirement system whose most recent credited service was performed
 2-7     for a public school district.  The two trustees [members] hold
 2-8     office for staggered terms.
 2-9           (c)  One trustee who is a [(d)  The governor shall appoint
2-10     one member of the board from a slate of three] former member
2-11     [members] of the retirement system, has [who have] retired, and is
2-12     [are] receiving benefits from the retirement system shall be
2-13     elected [and who have been nominated in accordance with Subsections
2-14     (f) and (g)] by [the] persons who have retired and are receiving
2-15     benefits from the retirement system.
2-16           (d)  One trustee who is a member [(e)  The governor shall
2-17     appoint one member from a slate of three members] of the retirement
2-18     system and who is [are currently] employed by an institution of
2-19     higher education shall be elected [and who have been nominated in
2-20     accordance with Subsection (f)] by the members of the retirement
2-21     system whose most recent credited service was performed for an
2-22     institution of higher education.
2-23           (e)  The board of trustees shall adopt rules for the election
2-24     of trustees described [(f)  Persons considered for nomination]
2-25     under Subsection (b), (c), or (d)[, or (e) must have been nominated
2-26     by written ballot at an election conducted under rules adopted by
2-27     the board of trustees].
 3-1           (f) [(g)]  To provide for the election [nomination of persons
 3-2     for appointment] under Subsection (c) [(d)], the board of trustees
 3-3     shall send to each retiree of the retirement system:
 3-4                 (1)  notice of the deadline for filing as a candidate
 3-5     for election [nomination];
 3-6                 (2)  information on procedures to follow in filing as a
 3-7     candidate; and
 3-8                 (3)  a [written] ballot.
 3-9           SECTION 3. Sections 825.0032(a) and (b), Government Code, are
3-10     amended to read as follows:
3-11           (a)  Except as provided by Subsection (b), a person is not
3-12     eligible for appointment or election to the board of trustees if
3-13     the person or the person's spouse:
3-14                 (1)  is employed by or participates in the management
3-15     of a business entity or other organization receiving funds from the
3-16     retirement system;
3-17                 (2)  owns or controls, directly or indirectly, more
3-18     than a 10 percent interest in a business entity or other
3-19     organization receiving funds from the retirement system; or
3-20                 (3)  uses or receives a substantial amount of tangible
3-21     goods, services, or funds from the retirement system, other than
3-22     compensation or reimbursement authorized by law for board of
3-23     trustees membership, attendance, or expenses.
3-24           (b)  Subsection (a)  does not apply to employment by,
3-25     participation in the management of, or ownership or control of an
3-26     interest in a business entity or other organization on behalf of
3-27     the retirement system.  Subsection (a)(3) does not apply to a
 4-1     person who is elected [nominated for appointment] under Section
 4-2     825.002(b) [825.002(c)], (c), or (d)[, or (e)].
 4-3           SECTION 4. Section 825.0041(b), Government Code, is amended
 4-4     to read as follows:
 4-5           (b)  A training program established under this section shall
 4-6     provide information to the trustee [member] regarding:
 4-7                 (1)  the enabling legislation that created the
 4-8     retirement system and its policy-making body on [to] which the
 4-9     trustee [member] is [appointed] to serve;
4-10                 (2)  the programs operated by the retirement system;
4-11                 (3)  the role and functions of the retirement system;
4-12                 (4)  the rules of the retirement system with an
4-13     emphasis on the rules that relate to disciplinary and investigatory
4-14     authority;
4-15                 (5)  the current budget for the retirement system;
4-16                 (6)  the results of the most recent formal audit of the
4-17     retirement system;
4-18                 (7)  the requirements of the:
4-19                       (A)  open meetings law, Chapter 551;
4-20                       (B)  open records law, Chapter 552; and
4-21                       (C)  administrative procedure law, Chapter 2001;
4-22                 (8)  the requirements of the conflict of interest laws
4-23     and other laws relating to public officials; and
4-24                 (9)  any applicable ethics policies adopted by the
4-25     retirement system or the Texas Ethics Commission.
4-26           SECTION 5. Section 825.009(a), Government Code, is amended to
4-27     read as follows:
 5-1           (a)  A trustee elected [appointed from a slate of members
 5-2     nominated] by members of the retirement system under Section
 5-3     825.002 is entitled to leave with pay from the trustee's public
 5-4     school employer to attend to the official business of the
 5-5     retirement system.
 5-6           SECTION 6. Sections 825.010(a) and (c), Government Code, are
 5-7     amended to read as follows:
 5-8           (a)  It is a ground for removal from the board of trustees if
 5-9     a trustee:
5-10                 (1)  does not have at the time of appointment or
5-11     election the qualifications required for the trustee's position;
5-12                 (2)  does not maintain during service on the board of
5-13     trustees the qualifications required for the trustee's position;
5-14                 (3)  violates a prohibition established by Section
5-15     825.002(a) [825.002(b)] or 825.0032 applicable to the trustee;
5-16                 (4)  cannot because of illness or disability discharge
5-17     the trustee's duties for a substantial part of the term for which
5-18     the trustee is appointed or elected; or
5-19                 (5)  is absent from more than one-third of the
5-20     regularly scheduled board of trustees meetings that the person is
5-21     eligible to attend during a calendar year unless the absence is
5-22     excused by majority vote of the board of trustees.
5-23           (c)  If the executive director has knowledge that a potential
5-24     ground for removal exists, the executive director shall notify the
5-25     presiding officer of the board of trustees of the ground.  The
5-26     presiding officer shall then notify the governor [appropriate
5-27     appointing officer] and the attorney general that a potential
 6-1     ground for removal exists.  If the potential ground for removal
 6-2     involves the presiding officer, the executive director shall notify
 6-3     the next highest officer of the board of trustees, who shall notify
 6-4     the governor [appropriate appointing officer] and the attorney
 6-5     general that a potential ground for removal exists.
 6-6           SECTION 7. (a)  This Act takes effect January 1, 2002, and
 6-7     applies only to the appointment or election of a trustee of the
 6-8     board of trustees of the Teacher Retirement System of Texas that
 6-9     occurs on or after that date.
6-10           (b)  A person who is serving as a trustee immediately before
6-11     the effective date of this Act may complete the trustee's term of
6-12     office, and the trustee's qualifications for serving as a trustee
6-13     are governed by the law in effect immediately before the effective
6-14     date of this Act until the date that trustee's term expires.