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Amend HB 3480 (committee printing) as follows and adjust
accordingly:
1) Page 3, line 16 after "revoked", insert the following:
without first providing the employee with notice in writing that:
(A) indicates the reason the subject of the
salary reduction agreement is no longer an eligible qualified
investment or why certification has been denied, suspended, or
revoked; and
(B) clearly states that by signing the notice the
employee is agreeing to enter into or continue the salary reduction
agreement
2) Add the following appropriately numbered SECTION to the
bill and renumbering subsequent SECTIONS accordingly:
SECTION ____. Chapter 22 (S.B. 17), Acts of the 57th
Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
Texas Civil Statutes), is amended by adding Sections 9A and 9B to
read as follows:
Sec. 9A. A person, other than an employee of an educational
institution, or an affiliate of the person may not enter into or
renew a contract under which the person is to provide services for
or administer a plan offered by the institution under Section
403(b), Internal Revenue Code of 1986, unless the person:
(1) holds a license or certificate of authority issued
by the Texas Department of Insurance;
(2) is registered as a securities dealer or agent or
investment advisor with the State Securities Board; or
(3) is a financial institution that:
(A) is authorized by state or federal law to
exercise fiduciary powers; and
(B) has its main office, a branch office, or a
trust office in this state.
Sec. 9B. (a) This section applies to an entity under this
Act that enters into a contract with an educational institution to
administer a plan offered by the institution under Section 403(b),
Internal Revenue Code of 1986.
(b) If a person described by Subsection (a) holds a meeting
at which qualified investment products will be marketed to
employees of the educational institution, the person must provide
representatives of other companies certified to the retirement
system under Section 5 or 8 of this Act an opportunity to attend and
market their qualified investment products at the meeting.