SRC-JEC S.B. 1243 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1243
78R6334 SMJ-DBy: Armbrister
State Affairs
4/17/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Teacher Retirement System of Texas (TRS) administers and
oversees the funds for all members of the public education system in Texas
and many of the public university systems.   As proposed, S.B. 1243 adds
to some of the administrative laws dealing with TRS and with some of the
programs administered by that system.  S.B. 1243 updates certain
provisions, changes board makeup, and cleans up some statutory language. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Teacher Retirement System
of Texas in SECTION  4 (Section 822.0025, Government Code) and SECTION  6
(Section 824.601, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.012(b), Education Code, to provide that an
employee of a homerule school district does not qualify for membership in
the Teacher Retirement System of Texas (TRS).  Deletes text stating that
such an employee is required to be covered under TRS in the same manner
and to the same extent as a qualified employee of an independent school
district. 

SECTION 2.  Amends Section 12.057(b), Education Code, to provide that an
employee of an independent school district who is employed on a campus or
program granted a charter under this subchapter and who qualifies for
membership in TRS shall be covered under TRS in the same manner and to the
same extent as a qualified employee of the independent school district who
is employed on a regularly operating campus or in a regularly operating
program.  Makes a nonsubstantive change. 

SECTION 3.  Amends Section 12.1057(a), to provide that an employee of an
open-enrollment charter school operating under a charter granted by the
State Board of Education who qualifies for TRS membership shall be covered
under TRS to the same extent a qualified employee of a school district is
covered. 

SECTION  4.  Amends Subchapter A, Chapter 822, Government Code, by adding
Section 822.0025, as follows: 

Sec. 822.0025.  OPTIONAL MEMBERSHIP.  (a)  Authorizes a person actively
participating in the optional retirement program (ORP) under Chapter 830,
subject to Subsection (d), to make a one-time election to cease active
participation in ORP and become a member of TRS if the person is otherwise
eligible to participate in TRS at the time of the election.  Requires the
person to make the election on a date and in the manner prescribed by TRS. 

(b)  Requires TRS to prescribe the form and details of an election under
this section. Requires the election to be filed with TRS and the
institution of higher education that employs the person. 

 (c)  Authorizes TRS to adopt rules for the implementation of the
election, including rules to prevent the receipt of credit under TRS and
ORP for the same service. 

(d)  Provides that this section may take effect only on receipt by TRS of
a favorable private letter ruling from the Internal Revenue Service
regarding the federal tax consequences of the one-time election provided
by this section, including the effect of the election on certain elements. 

(e)  Provides that if TRS does not receive the favorable private letter
ruling described by Subsection (d), this section has no effect. 

SECTION  5.  Amends Section 822.201(c), Government Code, to exclude from
salary and wages any amount, rather than supplemental compensation,
received by an employee under Article 3.50-8 (Active Employee Health
Coverage or Compensation Supplementation), Insurance Code. 

SECTION  6.  (a)  Amends Section 824.601, Government Code, as follows: 

Sec. 824.601.  (a)  Defines "third-party entity."

(b)  This subsection is created from existing text.

(c)  This subsection is created from existing text.

(d)  Provides that a retiree who is an employee of a third-party entity is
considered to be employed by a Texas public educational institution for
the purposes of this subchapter unless the retiree does not perform duties
or provide services on behalf of or for the benefit of the institution. 

(e)  This subsection is created from existing text.

(f)  Authorizes TRS to adopt rules necessary for administering this
subchapter. 

(b)  Prohibits TRS, notwithstanding Section 824.601, Government Code, as
amended by this section, from withholding a monthly benefit payment from a
retiree who retired under Section 824.202, Government Code, before January
1, 2003, and is employed by a school district or an open-enrollment
charter school. 

SECTION  7.  Amends Section 824.802(a), Government Code, to require a
member to make an election to participate in the plan not later than
December 1, 2003. 

SECTION  8.  Amends Section 824.805(b), Government Code, to authorize a
member participating in the plan on September 1, 2003, rather than 2001,
before December 31, 2003, rather than 2001, to elect to discontinue
participation in the plan on a form prescribed by and filed with TRS. 

SECTION  9.  Amends Section 825.002, Government Code, by amending
Subsection (a) and adding Subsections (h) and (i), as follows: 

(a)  Requires the governor, with the advice and consent of the senate and
as provided by this section, to appoint the, rather than seven, members of
the TRS board of trustees. 

(h)  Requires the governor to appoint one member of the board who is
employed by a public school district as a classroom teacher, or retired
and receiving benefits from TRS  based on prior membership in TRS. 

(i)  Requires the governor to appoint one member of the board who is a
representative of the  public. 

SECTION  10.  Amends the heading to Section 825.512, Government Code, to
read as follows: 

 Sec. 825.512.  ANNUAL INVESTMENT PERFORMANCE AUDIT.

SECTION  11.  Amends Section 825.512(e), Government Code, to delete the
designation of Subsection (e). 

SECTION  12.  Amends Section 1575.154, Insurance Code, as effective June
1, 2003, to remove a provision authorizing a retiree to not be enrolled in
a basic plan offered under the group program if the retiree rejects
enrollment in the group program in writing on a form provided by the board
of trustees. 

SECTION  13.  Amends Section 9, Article 3.50-7, Insurance Code, by adding
Subsection (f), to provide that a premium or contribution on a policy,
insurance contract, or agreement authorized by this article is not subject
to any state tax, regulatory fee, or surcharge, including a premium or
maintenance tax or fee. 

SECTION  14.  Amends Sections 3(d) - (h), Article 3.50-8, Insurance Code,
as follows: 

(d)  Deletes the existing text of Subsections (d) and (e), regarding an
election under this section and a model and form relating to the election.
Redesignates the text of Subsection (f) as (d). Removes the requirement
that the explanation of the options an employee may elect under this
section be based on the model explanation prepared by the trustee under
Subsection (e) of this section. 

(e)  Deletes the existing text of Subsection (g) and redesignates the text
of Subsection (h) as (e). 

SECTION  15.  Amends Article 6228a-5, V.T.C.S., by adding Subsection (g),
to authorize an educational institution to send an employee contribution
made under a salary reduction agreement only to a company that has
certified to TRS under this section. 

SECTION  16.  Amends Article 6228a-5, V.T.C.S., to prohibit an educational
institution from accepting any benefit from a company or from an agent or
affiliate of a company that offers qualified investment products, other
than benefits in the form of a meal or entertainment valued at $50 or less
per employee receiving the meal or entertainment, or marketing material,
such as pens, bags, or hats valued at $10 or less per employee receiving
the material.  Prohibits an educational institution from accepting a bid
or awarding a contract for a qualified investment product under this Act
or Chapter 609 (Deferred Compensation Plans), Government Code, that
includes proposed financial participation by a person who participated to
any extent in preparing a specification or request for proposal on which
the bid or contract is based. 

SECTION  17.  Amends Article 6228a-5, V.T.C.S., by adding Section 13, as
follows: 

Sec. 13.  Provides that an entity is not eligible to certify to TRS under
Section 5 of this Act if the entity is a reinsurance company, third-party
administrator, or an entity performing duties under a contract for
administrative services only; or a broker, dealer, or licensed or
registered agent; and the entity does not have primary liability for
performance of the obligations in the investment product that the entity
offers. 

SECTION  18.  (a)  Repealer:  Section 825.003 (Trustees Appointed by
Governor From Nominees of Board of Education), Government Code. 

(b)  Repealers:  Sections 825.512(a), (b), (c), and (d) (relating to an
evaluation of TRS  investment practices and performance), Government Code. 

SECTION  19.  (a)  Requires the governor, on September 1, 2003, to appoint
the member of the board of trustees of TRS described by Section
825.002(h), Government Code, as added by this Act. 

(b)  Requires the governor, on September 1, 2007, to appoint the member of
the board of trustees of TRS described by Section 825.002(i), Government
Code, as added by this Act. 

(c)  Entitles a member of the board of trustees of TRS appointed under
Section 825.003, Government Code, as that section existed before its
repeal by this Act, to serve the remainder of the trustee's unexpired
term. 

(d)  Requires a vacancy in the office of a trustee appointed under Section
825.003, Government Code, as that section existed before its repeal by
this Act, to be filled in the manner provided by Section 825.002(i),
Government Code, as added by this Act. 

SECTION  20.  Provides that an employee of a home-rule school district
that operates under a charter under Subchapter B, Chapter 12, Education
Code, may not receive service credit in TRS for services performed for the
home-rule school district after August 31, 2003. 

SECTION  21.  Provides that to the extent of any conflict, this Act
prevails over another Act of the 78th Legislature, Regular Session, 2003,
relating to nonsubstantive additions to and corrections in enacted codes. 

SECTION  22.  Effective date:  September 1, 2003.