Bill Text: TX HB3747 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the selection of and requirements for serving as a member of the board of trustees of the Teacher Retirement System of Texas.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2011-05-16 - Referred to State Affairs [HB3747 Detail]
Download: Texas-2011-HB3747-Engrossed.html
82R15390 KFF-D | ||
By: McClendon, Miller of Comal, Lozano, | H.B. No. 3747 | |
Bohac |
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relating to the selection of and requirements for serving as a | ||
member of the board of trustees of the Teacher Retirement System of | ||
Texas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 821.001(5), Government Code, is amended | ||
to read as follows: | ||
(5) "Board of trustees" means the board appointed or | ||
elected under this subtitle to administer the retirement system. | ||
SECTION 2. The heading to Section 825.002, Government Code, | ||
is amended to read as follows: | ||
Sec. 825.002. APPOINTMENT AND ELECTION OF TRUSTEES | ||
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SECTION 3. Sections 825.002(a), (c), (d), and (e), | ||
Government Code, are amended to read as follows: | ||
(a) The governor shall appoint, with the advice and consent | ||
of the senate and as provided by this section, three [ |
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of the board of trustees. | ||
(c) Members of the retirement system whose most recent | ||
credited service was performed for a public school district [ |
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two members of the board, who must be [ |
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members of the retirement system and be [ |
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employed by a public school district [ |
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terms. | ||
(d) Persons who have retired and are receiving benefits from | ||
the retirement system [ |
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adopted by the board [ |
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a [ |
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system who is [ |
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retirement system [ |
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(e) Members of the retirement system whose most recent | ||
credited service was performed for an institution of higher | ||
education [ |
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board [ |
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employed by an institution of higher education [ |
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SECTION 4. Sections 825.0032(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (b), a person is not | ||
eligible for appointment or election to the board if the person or | ||
the person's spouse: | ||
(1) is employed by or participates in the management | ||
of a business entity or other organization receiving funds from the | ||
retirement system; | ||
(2) owns or controls, directly or indirectly, more | ||
than a 10 percent interest in a business entity or other | ||
organization receiving funds from the retirement system; or | ||
(3) uses or receives a substantial amount of tangible | ||
goods, services, or funds from the retirement system, other than | ||
compensation or reimbursement authorized by law for board | ||
membership, attendance, or expenses. | ||
(b) Subsection (a) does not apply to employment by, | ||
participation in the management of, or ownership or control of an | ||
interest in a business entity or other organization on behalf of the | ||
retirement system. Subsection (a)(3) does not apply to a person who | ||
is elected [ |
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(d), or (e). | ||
SECTION 5. Section 825.0041, Government Code, is amended to | ||
read as follows: | ||
Sec. 825.0041. BOARD MEMBER TRAINING. (a) A person who is | ||
appointed or elected to and qualifies for office as a member of the | ||
board of trustees may not vote, deliberate, or be counted as a | ||
member in attendance at a meeting of the board until the person | ||
completes a training program that complies with this section. | ||
(b) A training program must provide the person with | ||
information regarding: | ||
(1) the legislation that created the retirement system | ||
and the board of trustees; | ||
(2) the policy-making functions of the board; | ||
(3) the [ |
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system; | ||
(4) the role and[ |
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system; | ||
(5) the[ |
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emphasis on the rules that relate to disciplinary and investigatory | ||
authority; | ||
(6) the current[ |
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system; | ||
(7) [ |
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of the retirement system; | ||
(8) [ |
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(A) [ |
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Chapter 551; | ||
(B) public information law, Chapter 552; and | ||
(C)[ |
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procedure law, Chapter 2001; | ||
(9) the requirements of the conflict[ |
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of interest laws and other laws relating to public officials; and | ||
(10) [ |
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the retirement system or the Texas Ethics Commission. | ||
(c) A person appointed or elected to the board of trustees | ||
is entitled to reimbursement under Section 825.007 for the travel | ||
expenses incurred in attending the training program regardless of | ||
whether the attendance at the program occurs before or after the | ||
person qualifies for office. | ||
SECTION 6. Section 825.009(a), Government Code, is amended | ||
to read as follows: | ||
(a) A trustee elected [ |
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825.002 is entitled to leave with pay from the trustee's public | ||
school employer to attend to the official business of the | ||
retirement system. | ||
SECTION 7. Sections 825.010(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) It is a ground for removal from the board that a trustee: | ||
(1) does not have at the time of taking office the | ||
qualifications required for the trustee's position; | ||
(2) does not maintain during service on the board the | ||
qualifications required for the trustee's position; | ||
(3) violates a prohibition established by Section | ||
825.002(b) or 825.0032; | ||
(4) cannot because of illness or disability discharge | ||
the trustee's duties for a substantial part of the term for which | ||
the trustee is appointed or elected; or | ||
(5) is absent from more than half of the regularly | ||
scheduled board meetings that the person is eligible to attend | ||
during a calendar year without an excuse approved by a majority vote | ||
of the board. | ||
(c) If the executive director has knowledge that a potential | ||
ground for removal exists, the executive director shall notify the | ||
presiding officer of the board of the ground. The presiding officer | ||
shall then notify the appropriate appointing officer, if any, and | ||
the attorney general that a potential ground for removal exists. If | ||
the potential ground for removal involves the presiding officer, | ||
the executive director shall notify the next highest officer of the | ||
board, who shall notify the appropriate appointing officer, if any, | ||
and the attorney general that a potential ground for removal | ||
exists. | ||
SECTION 8. Sections 825.002(f) and (g), Government Code, | ||
are repealed. | ||
SECTION 9. (a) Section 825.002, Government Code, as | ||
amended by this Act, applies only to the appointment or election of | ||
a member of the board of trustees of the Teacher Retirement System | ||
of Texas that occurs on or after the effective date of this Act. | ||
(b) The change in the manner of appointing or electing | ||
members of the board does not affect the appointment of members | ||
serving on the board before the effective date of this Act. | ||
SECTION 10. 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, 2011. |