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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. Subchapter A, Chapter 825, Government Code, is |
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amended by adding Section 825.0021 to read as follows: |
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Sec. 825.0021. ELECTED TRUSTEES. (a) The retirement |
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system shall provide for the direct election of two persons to serve |
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on the board of trustees who are former members of the retirement |
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system who have retired and are receiving benefits from the |
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retirement system, and who shall be elected by former members of the |
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retirement system who have retired and are receiving benefits from |
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the retirement system. |
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(b) The two persons elected under Subsection (a) hold office |
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for staggered terms. |
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(c) The board of trustees by rule shall adopt procedures to |
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implement this section. The procedures must include a method for |
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filling a vacancy in an elected position. |
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SECTION 3. 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 (e) |
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or elected under Section 825.0021. |
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SECTION 4. 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 5. Section 825.009(a), Government Code, is amended |
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to read as follows: |
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(a) A trustee appointed from a slate of members nominated by |
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members of the retirement system under Section 825.002 or elected |
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by members of the retirement system under Section 825.0021 is |
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entitled to leave with pay from the trustee's public school |
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employer to attend to the official business of the retirement |
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system. |
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SECTION 6. 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 7. Section 825.003, Government Code, is repealed. |
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SECTION 8. (a) In this section, "board" means the board of |
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trustees of the Teacher Retirement System of Texas. |
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(b) The board shall adopt procedures to implement Section |
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825.0021(a), Government Code, as added by this Act, not later than |
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December 31, 2009. |
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(c) The procedures adopted by the board shall facilitate the |
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elections required under Section 825.0021(a), Government Code, as |
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added by this Act, so that the first elections are conducted not |
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later than May 1, 2010. |
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(d) A person elected at the first election under Section |
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825.0021(a), Government Code, as added by this Act, shall serve a |
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term beginning as soon as practicable after the date of the election |
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and taking the oath of office. One person elected under Section |
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825.0021(a) shall serve a term that expires August 31, 2013, and the |
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other person elected under Section 825.0021(a) shall serve a term |
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that expires August 31, 2015, as determined according to the |
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board's procedures adopted under Section 825.0021(c), Government |
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Code, as added by this Act. |
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(e) Not later than the 10th day after the date of the first |
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election held under Section 825.0021, Government Code, as added by |
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this Act, the board shall post the election results on the Teacher |
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Retirement System of Texas publicly accessible Internet website. |
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SECTION 9. The term of a person serving on the board of |
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trustees of the Teacher Retirement System of Texas on December 1, |
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2009, and who was appointed to that position under Section 825.003, |
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Government Code, before the repeal of that section by this Act |
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expires on the date on which a person elected to serve on the board |
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at the first election held under Section 825.0021, Government Code, |
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as added by this Act, takes the oath of office. |
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SECTION 10. This Act takes effect September 1, 2009. |