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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of certain members of the board of |
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trustees of the Teacher Retirement System of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 821.001(5), Government Code, is amended |
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to read as follows: |
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(5) "Board of trustees" means the board appointed or |
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elected under this subtitle to administer the retirement system. |
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SECTION 2. The heading to Section 825.002, Government Code, |
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is amended to read as follows: |
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Sec. 825.002. APPOINTMENT AND ELECTION OF TRUSTEES |
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[APPOINTED BY GOVERNOR]. |
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SECTION 3. Sections 825.002(a), (c), (d), and (e), |
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Government Code, are amended to read as follows: |
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(a) The governor shall appoint, with the advice and consent |
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of the senate and as provided by this section, three [seven] members |
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of the board of trustees. |
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(c) Members of the retirement system whose most recent |
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credited service was performed for a public school district [The
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governor] shall elect under rules adopted by the board [appoint] |
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two members of the board who must be [from a slate of three] members |
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of the retirement system and [who are] currently employed by a |
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public school district [and who have been nominated in accordance
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with Subsection (f) by the members of the retirement system whose
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most recent credited service was performed for a public school
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district]. The two members hold office for staggered terms. |
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(d) Persons who have retired and are receiving benefits from |
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the retirement system [The governor] shall elect under rules |
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adopted by the board [appoint] one member of the board who must be a |
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[from a slate of three] former member [members] of the retirement |
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system who is [have] retired and [are] receiving benefits from the |
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retirement system [and who have been nominated in accordance with
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Subsections (f) and (g) by the persons who have retired and are
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receiving benefits from the retirement system]. |
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(e) Members of the retirement system whose most recent |
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credited service was performed for an institution of higher |
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education [The governor] shall elect under rules adopted by the |
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board [appoint] one member who must be a member [from a slate of
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three members] of the retirement system and [who are] currently |
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employed by an institution of higher education [and who have been
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nominated in accordance with Subsection (f) by the members of the
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retirement system whose most recent credited service was performed
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for an institution of higher education]. |
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SECTION 4. Sections 825.0032(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (b), a person is not |
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eligible for appointment or election to the board if the person or |
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the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization receiving funds from the |
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retirement system; |
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(2) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization receiving funds from the retirement system; or |
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(3) uses or receives a substantial amount of tangible |
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goods, services, or funds from the retirement system, other than |
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compensation or reimbursement authorized by law for board |
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membership, attendance, or expenses. |
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(b) Subsection (a) does not apply to employment by, |
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participation in the management of, or ownership or control of an |
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interest in a business entity or other organization on behalf of the |
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retirement system. Subsection (a)(3) does not apply to a person who |
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is elected [nominated for appointment] under Section 825.002(c), |
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(d), or (e). |
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SECTION 5. Section 825.0041(b), Government Code, is amended |
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to read as follows: |
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(b) A training program established under this section shall |
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provide information to the member regarding: |
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(1) the enabling legislation that created the |
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retirement system and its policy-making body to which the member is |
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appointed or elected to serve; |
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(2) the programs operated by the system; |
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(3) the role and functions of the system; |
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(4) the rules of the system with an emphasis on the |
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rules that relate to disciplinary and investigatory authority; |
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(5) the current budget for the system; |
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(6) the results of the most recent formal audit of the |
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system; |
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(7) the requirements of the: |
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(A) open meetings law, Chapter 551; |
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(B) open records law, Chapter 552; and |
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(C) administrative procedure law, Chapter 2001; |
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(8) the requirements of the conflict of interest laws |
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and other laws relating to public officials; and |
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(9) any applicable ethics policies adopted by the |
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system or the Texas Ethics Commission. |
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SECTION 6. Section 825.009(a), Government Code, is amended |
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to read as follows: |
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(a) A trustee elected [appointed from a slate of members
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nominated by members of the retirement system] under Section |
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825.002 is entitled to leave with pay from the trustee's public |
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school employer to attend to the official business of the |
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retirement system. |
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SECTION 7. Section 825.010(a), Government Code, is amended |
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to read as follows: |
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(a) It is a ground for removal from the board if a trustee: |
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(1) does not have at the time of appointment or |
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election the qualifications required for the trustee's position; |
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(2) does not maintain during service on the board the |
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qualifications required for the trustee's position; |
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(3) violates a prohibition established by Section |
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825.002(b) or 825.0032; |
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(4) cannot because of illness or disability discharge |
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the trustee's duties for a substantial part of the term for which |
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the trustee is appointed or elected; or |
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(5) is absent from more than one-third of the |
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regularly scheduled board meetings that the person is eligible to |
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attend during a calendar year unless the absence is excused by |
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majority vote of the board. |
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SECTION 8. Sections 825.002(f) and (g), Government Code, |
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are repealed. |
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SECTION 9. (a) Section 825.002, Government Code, as amended |
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by this Act, applies only to the appointment or election of a member |
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of the board of trustees of the Teacher Retirement System of Texas |
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that occurs on or after the effective date of this Act. |
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(b) The change in the manner of appointing or electing |
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members of the board does not affect the appointment of members |
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serving on the board before the effective date of this Act. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |