By:  Sibley                                            S.B. No. 606
         2001S0263/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to annuities or investments for certain public employees.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 1, Chapter 22, Acts of the 57th
 1-5     Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
 1-6     Texas Civil Statutes), as amended by Section 8, Chapter 1340, Acts
 1-7     of the 75th Legislature, Regular Session, 1997, is amended to read
 1-8     as follows:
 1-9           Sec. 1.  (a)  This section and Section 2 of this Act apply
1-10     to:
1-11                 (1)  the 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;
1-25                 (9) [,]  the Texas Youth Commission and facilities and
 2-1     institutions under its jurisdiction; [,] and
 2-2                 (10)  the governing boards of Centers for Community
 2-3     Mental Health and Mental Retardation Services, county hospitals,
 2-4     city hospitals, city-county hospitals, hospital authorities,
 2-5     hospital districts, affiliated state agencies, and each of their
 2-6     political subdivisions.
 2-7           (b)  A governmental entity covered by Subsection (a) of this
 2-8     section [of each of them,] may enter into agreements with its
 2-9     [their] employees for the purchase of annuities or for
2-10     contributions to any type of investment for its [their] employees
2-11     as authorized in Section 403(b) of the Internal Revenue Code of
2-12     1986, including subsequent amendments of that law [1954, as it
2-13     existed on January 1, 1981].
2-14           SECTION 2.  Section 2, Chapter 22, Acts of the 57th
2-15     Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
2-16     Texas Civil Statutes), is amended to read as follows:
2-17           Sec. 2.  (a)  If an employee of a governmental entity covered
2-18     by Section 1 of this Act is paid by the Comptroller of Public
2-19     Accounts, the comptroller may take the action, in regard to that
2-20     employee, that is authorized by Subsection (b) of this section.  If
2-21     an employee of a governmental entity covered by Section 1 is not
2-22     paid by the comptroller, the governing board of the governmental
2-23     entity may take the action in regard to that employee.
2-24           (b)  The comptroller or the governing board, as appropriate
2-25     [the case may be], may:
2-26                 (1)  reduce the salary of participants when authorized
 3-1     by the participants and shall apply the amount of the reduction to
 3-2     the purchase of annuity contracts or to contributions to any type
 3-3     of investment authorized in Section 403(b) of the Internal Revenue
 3-4     Code of 1986, including subsequent amendments of that law [1954, as
 3-5     it existed on January 1, 1981], the exclusive control of which will
 3-6     vest in the participants; [and]
 3-7                 (2)  develop a system to allow or require participants
 3-8     to electronically authorize:
 3-9                       (A)  participation under this Act;
3-10                       (B)  purchases of annuity contracts; and
3-11                       (C)  contributions to investments; and
3-12                 (3)  with the input of employees, approve a list of
3-13     agents, brokers, or companies through which an annuity or
3-14     investment is to be purchased and whose annuity or investment
3-15     product meets the requirements of Section 403(b) of the Internal
3-16     Revenue Code of 1986, including subsequent amendments of that law.
3-17           (c)  The employee is entitled to designate any agent, broker,
3-18     or company through which the annuity or investment is to be
3-19     purchased.  If the comptroller or governing board has approved a
3-20     list under Subsection (b)(3) of this section, the employee shall
3-21     designate the agent, broker, or company from the applicable list
3-22     for an annuity or investment purchased after January 1, 2002.
3-23           SECTION 3.  Section 1, Chapter 22, Acts of the 57th
3-24     Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
3-25     Texas Civil Statutes), as amended by Section 7, Chapter 1341, Acts
3-26     of the 75th Legislature, Regular Session, 1997, is repealed.
 4-1           SECTION 4.  This Act takes effect September 1, 2001.