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


Senate Research CenterC.S.S.B. 1243
By: Armbrister
State Affairs
5/12/2003
Committee Report (Substituted)


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.  C.S.S.B. 1243 modifies the
body of administrative governing TRS and makes changes to some of the
programs administered by that system.  C.S.S.B. 1243 updates certain
provisions, changes board makeup, and cleans up the statutory language. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Teacher Retirement System
of Texas in SECTION  5 (Effective September 1, 2003, Section 824.601,
Government Code) and SECTION 6 (Effective September 1, 2005, 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 home-rule 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 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 5.  (a)  Effective September 1, 2003, 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)  Provides that Subsection (d) does not apply to a retiree under
certain circumstances. 

(f)  Provides that a retiree described by Subsection (e) who is an
employee of a third-party entity is not eligible for group coverage under
Chapter 1575 (Texas School Employees Group Benefits Program), Insurance
Code.  Provides that the retiree becomes eligible for group coverage under
that chapter on termination of employment with the third-party entity.   

(g)  Requires a third-party entity that employs a retiree described by
Subsection (e) to provide employee liability insurance for the retiree. 

(h)  This subsection is created from existing text.

(i)  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  6.  Effective September 1, 2005, 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. 

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 provide that
this subsection applies only to a member participating in the plan on
September 1, 2003, or to a member whose period of participation in the
plan has expired on or before September 1, 2003, but who has not retired
on or before that date.  Authorizes a member described by this subsection,
before December 31, 2003, rather than 2001, to revoke the member's
decision to participate, rather than to elect to discontinue
participation, in the plan on a form prescribed by and filed with TRS.
Makes conforming changes. 

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 Section 825.115, Government Code, as follows:

Sec. 825.115.  (a)  This subsection is created from existing text.

(b)  Provides that Subchapter C, Chapter 2260, does not apply to TRS.

SECTION  11.  Amends the heading to Section 825.512, Government Code, to
read as follows: 

 Sec. 825.512.  ANNUAL INVESTMENT PERFORMANCE AUDIT.

SECTION  12.  Amends Section 825.512(e), Government Code, to delete the
designation of Subsection (e). 

SECTION  13.  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  14.  Amends Subchapter D, Chapter 1575, Insurance Code, as
effective June 1, 2003, by adding Section 1575.163, as follows: 

Sec. 1575.163.  LIMITATIONS.  Prohibits TRS as a trustee, in a county in
which at least two and not more than four general hospitals are located,
from contracting for or providing a health benefit plan that excludes from
participation in the network any general hospital that is located within
the geographical service area of the health benefit plan and that agrees
to provide medical and health care services under the plan subject to the
same terms and conditions as other hospital providers under the plan. 

SECTION  15.  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  16.  Amends Subchapter E, Chapter 3, Insurance Code, by adding
Article 3.50-7A, as follows: 

Art. 3.50-7A.  LIMITATIONS APPLICABLE TO TEXAS SCHOOL EMPLOYEES UNIFORM
GROUP COVERAGE PROGRAM.  (a)  Provides that this article applies to the
uniform group coverage program established under Article 3.50-7 of this
code. Provides that a term used in this article has the meaning assigned
by Section 2, Article 3.50-7, of this code. 

(b)  Prohibits TRS as a trustee, in a county in which at least two and not
more than four general hospitals are located, from contracting for or
providing a health benefit plan that excludes from participation in the
network any general hospital that is located within the geographical
service area of the health benefit plan and that agrees to provide medical
and health care services under the plan subject to the same terms and
conditions as other hospital providers under the plan. 

SECTION  17.  Amends Subsections (d) through (h), Section 3, 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  18.  Amends Article 6228a-5, V.T.C.S., as follows:

(a)  Created from existing text.  Prohibits an educational institution
from accepting any benefit from a company or from an agent or affiliate of
a company that offers qualified investment products under this Act, 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.  

(b)  Provides that this section does not prohibit a company from offering
a qualified investment product under this Act, under Chapter 609 (Deferred
Compensation Plans), Government Code, or under another retirement plan,
subject to Section 14 of this Act. 

SECTION  19.  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 contract that the
entity offers. 

SECTION  20.  Amends Article 6228a-5, V.T.C.S., by adding Section 14, as
follows: 

Sec. 14.  (a)  Defines "affiliate."

(b)  Authorizes an educational institution to accept a bid or award a
contract for a qualified investment product under this Act or Chapter 609,
Government Code, that includes proposed financial participation by a
company or person that participated to any extent, in preparing a
specification or request for proposal on which the bid or contract is
based only if certain conditions are met. 

SECTION  21.  (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  22.  (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  23.  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  24.  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  25.  Effective date:  September 1, 2003.