79R6988 HLT-D

By:  Phillips                                                     H.B. No. 1420



A BILL TO BE ENTITLED

AN ACT

relating to the release of certain information by the Teacher 
Retirement System of Texas to associations of retired school 
employees; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 825.507(f), Government Code, is amended 
to read as follows:
	(f)  Except as provided by Section 825.5071, this [This] 
section does not authorize the retirement system to compile or 
disclose a list of participants' names, addresses, or social 
security numbers unless the executive director determines that a 
compilation or disclosure is necessary to administer the retirement 
system.
	SECTION 2.  Subchapter F, Chapter 825, Government Code, is 
amended by adding Section 825.5071 to read as follows:
	Sec. 825.5071.  RELEASE OF INFORMATION TO CERTAIN NONPROFIT 
ASSOCIATIONS.  (a)  In this section, "participant" has the meaning 
assigned by Section 825.507(g).
	(b)  The retirement system may release a list of names and 
addresses of participants to a nonprofit association of retired 
school employees only if the association provides to the retirement 
system:
		(1)  the name of the association;                                      
		(2)  the name of any other entity with which the 
association is affiliated;
		(3)  the address and telephone number of the 
association; and        
		(4)  the names of the officers of the association.                     
	(c)  A nonprofit association that receives a list under 
Subsection (b) may use the list only to notify participants of:
		(1)  the association's purpose; and                                    
		(2)  the opportunity to join the association.                          
	(d)  A nonprofit association that receives a list under 
Subsection (b) may only send one mailing as described by Subsection 
(c) to a participant on the list, unless the participant:
		(1)  is a member of the nonprofit association; or                      
		(2)  requests additional information from the 
nonprofit association. 
	(e)  A nonprofit association that violates Subsection (c) or 
(d) is liable to the state for a civil penalty of $10,000 for each 
violation.  Each mailing to all participants or a substantial 
proportion of participants on a list received under Subsection (b) 
constitutes a separate violation for purposes of this subsection.  
The attorney general may sue to collect the penalty.
	SECTION 3.  This Act applies only to a request by a nonprofit 
association under Section 825.5071, Government Code, as added by 
this Act, made on or after the effective date of this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.