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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of certain members of the board of trustees |
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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), (d), (f), and (g), |
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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, six [seven] members |
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of the board of trustees. |
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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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(f) Persons considered for nomination under Subsection |
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(c)[, (d),] or (e) must have been nominated by written ballot at an |
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election conducted under rules adopted by the board of trustees. |
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(g) To provide for the election [nomination] of persons [for
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appointment] under Subsection (d), the board shall send to each |
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retiree of the retirement system: |
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(1) notice of the deadline for filing as a candidate |
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for election [nomination]; |
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(2) information on procedures to follow in filing as a |
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candidate; and |
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(3) a written ballot. |
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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 nominated for appointment under Section 825.002(c)[, (d),] or |
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(e) or who is elected under Subsection 825.002(d). |
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SECTION 5. Sections 825.0041(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) A person who is appointed or elected to and qualifies |
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for office as a member of the board of trustees may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the board until the person completes a training program that |
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complies with this section. |
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(c) A person appointed or elected to the board of trustees |
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is entitled to reimbursement under Section 825.007 for the travel |
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expenses incurred in attending the training program regardless of |
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whether the attendance at the program occurs before or after |
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the person qualifies for office. |
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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 who is elected under Section 825.002 or who is |
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appointed from a slate of members nominated by members of the |
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retirement system under Section 825.002 is entitled to leave with |
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pay from the trustee's public school employer to attend to the |
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official business of the retirement system. |
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SECTION 7. Sections 825.010(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) It is a ground for removal from the board that a trustee: |
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(1) does not have at the time of taking office the |
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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 half of the regularly |
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scheduled board meetings that the person is eligible to attend |
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during a calendar year without an excuse approved by a majority vote |
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of the board. |
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(c) If the executive director has knowledge that a potential |
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ground for removal exists, the executive director shall notify the |
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presiding officer of the board of the ground. The presiding officer |
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shall then notify the appropriate appointing officer, if any, and |
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the attorney general that a potential ground for removal exists. If |
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the potential ground for removal involves the presiding officer, |
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the executive director shall notify the next highest officer of the |
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board, who shall notify the appropriate appointing officer, if any, |
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and the attorney general that a potential ground for removal |
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exists. |
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SECTION 8. (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 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |