Amend HB 2169 by adding the following appropriately numbered 
SECTIONS to the bill and renumbering subsequent SECTIONS of the 
bill accordingly:
	SECTION ____.  Subchapter A, Chapter 822, Government Code, 
is amended by adding Section 822.0015 to read as follows:
	Sec. 822.0015.  OPTIONAL MEMBERSHIP FOR CERTAIN OFFICIALS.  
(a)  In lieu of participating in the Employees Retirement System of 
Texas, the commissioner of education may elect to participate in 
the retirement system in the same manner and under the same 
conditions as a member who is an employee of the public school 
system.
	(b)  An election by the commissioner of education to 
participate in the retirement system must be on a form prescribed by 
the retirement system for that purpose.
	(c)  Notwithstanding Section 821.001, if the commissioner of 
education elects to participate in the retirement system, the State 
Board of Education is the employer of the commissioner for purposes 
of this subtitle.
	SECTION ____.  (a)  Notwithstanding Section 830.106, 
Government Code, a commissioner of education who is a participant 
in the optional retirement program under Chapter 830, Government 
Code, on the effective date of this Act may make a one-time election 
to cease active participation in the program and become a member of 
the Teacher Retirement System of Texas under Section 822.0015, 
Government Code, as added by this Act, on or after that date.
	(b)  A commissioner of education who makes the one-time 
election under Subsection (a) of this section is not eligible to 
again participate in the optional retirement program under Chapter 
830, Government Code, after making the election.