Bill Text: TX SB200 | 2013-2014 | 83rd Legislature | Enrolled

---

Bill Title: Relating to the continuation and functions of the State Pension Review Board.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-06-14 - See remarks for effective date [SB200 Detail]

Download: Texas-2013-SB200-Enrolled.html

---

S.B. No. 200

AN ACT
relating to the continuation and functions of the State Pension
Review Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 801.102, Government
Code, is amended to read as follows:
(a) The board is composed of seven [nine] members.
SECTION 2. Section 801.1021, Government Code, is amended to
read as follows:
Sec. 801.1021. CONFLICT PROVISIONS. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person is not eligible for appointment as a member of
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
board;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the board; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
(c) [(b)] A person may not serve as a member of the board or
act as the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the board.
(d) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of pensions; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of pensions.
SECTION 3. Section 801.106, Government Code, is amended to
read as follows:
Sec. 801.106. TERMS OF OFFICE. Members of the board hold
office for staggered terms of six years, with the terms of two or
three members, as appropriate, expiring on January 31 of each
odd-numbered year.
SECTION 4. Subsection (a), Section 801.1061, Government
Code, is amended to read as follows:
(a) It is a ground for removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 801.103 [or 801.104];
(2) does not maintain during service on the board the
qualifications required by Section 801.103 [or 801.104];
(3) is ineligible for membership under Section
801.1021;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
SECTION 5. Section 801.107, Government Code, is amended to
read as follows:
Sec. 801.107. SUNSET PROVISION. The State Pension Review
Board is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this chapter expires September 1, 2025 [2013].
SECTION 6. Subchapter C, Chapter 801, Government Code, is
amended by adding Section 801.2012 to read as follows:
Sec. 801.2012. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 7. Subchapter C, Chapter 801, Government Code, is
amended by adding Section 801.208 to read as follows:
Sec. 801.208. EDUCATION AND TRAINING. As authorized by
Section 801.113(e), the board may develop and conduct training
sessions and other educational activities for trustees and
administrators of public retirement systems. In exercising the
board's authority under this section, the board may:
(1) conduct live training seminars on an Internet
website at intervals the board considers necessary to keep trustees
and administrators reasonably informed;
(2) maintain archives of previous seminars reasonably
accessible to trustees and administrators on the Internet website;
and
(3) use technologies and innovations the board
considers appropriate to educate the greatest practicable number of
trustees and administrators.
SECTION 8. Section 802.001, Government Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Defined contribution plan" means a plan
provided by the governing body of a public retirement system that
provides for an individual account for each participant and for
benefits based solely on the amount contributed to the
participant's account, and any income, expenses, gains and losses,
and any forfeitures of accounts of other participants that may be
allocated to the participant's account.
SECTION 9. Section 802.002, Government Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) If a public [an exempt] retirement system or program
that is exempt under Subsection (a) is required by law to make an
actuarial valuation of the assets of the system or program and
publish actuarial information about the system or program, the
actuary making the valuation and the governing body publishing the
information must include the information required by Section
802.101(b).
(c) Notwithstanding any other law, a defined contribution
plan is exempt from Sections 802.101, 802.1012, 802.1014, 802.103,
802.104, and 802.202(d). This subsection may not be construed to
exempt any plan from Section 802.105 or 802.106(h).
(d) Notwithstanding any other law, a retirement system that
is organized under the Texas Local Fire Fighters Retirement Act
(Article 6243e, Vernon's Texas Civil Statutes) for a fire
department consisting exclusively of volunteers as defined by that
Act is exempt from Sections 802.101, 802.1012, 802.1014, 802.102,
802.103, 802.104, and 802.202(d). This subsection may not be
construed to exempt any plan from Section 802.105 or 802.106(h).
SECTION 10. Subchapter B, Chapter 802, Government Code, is
amended by adding Section 802.1014 to read as follows:
Sec. 802.1014. ACTUARIAL EXPERIENCE STUDY. (a) In this
section, "actuarial experience study" means a study in which
actuarial assumptions are reviewed in light of relevant experience
factors, important trends, and economic projections with the
purpose of determining whether actuarial assumptions require
adjustment.
(b) Except as provided by Subsection (c), a public
retirement system that conducts an actuarial experience study shall
submit to the board a copy of the actuarial experience study before
the 31st day after the date of the study's adoption.
(c) This section does not apply to the Employees Retirement
System of Texas, the Teacher Retirement System of Texas, the Texas
County and District Retirement System, the Texas Municipal
Retirement System, or the Judicial Retirement System of Texas Plan
Two.
SECTION 11. Section 802.102, Government Code, is amended to
read as follows:
Sec. 802.102. AUDIT. The governing body of a public
retirement system shall have the accounts of the system audited at
least annually by a certified public accountant in accordance with
generally accepted auditing standards. A general audit of a
governmental entity, as defined by Section 802.1012, does not
satisfy the requirement of this section.
SECTION 12. Section 802.103, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A general audit of a governmental entity, as defined by
Section 802.1012, does not satisfy the requirement of this section.
SECTION 13. Subsection (h), Section 802.106, Government
Code, is amended to read as follows:
(h) A public retirement system shall submit to the board
[State Pension Review Board] copies of the summarized information
required by Subsections (a) and (b)[. A system shall submit a copy
of the information required by Subsection (a)] before the 31st day
after the date of publication or [and a copy of the information
required by Subsection (b) before the 271st day after] the date a
change is adopted, as appropriate.
SECTION 14. (a) Subtitle A, Title 8, Government Code, is
amended by adding Chapter 807 to read as follows:
CHAPTER 807. PROHIBITION ON INVESTMENT IN IRAN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 807.001. DEFINITIONS. In this chapter:
(1) "Active business operations" means all business
operations that are not inactive business operations.
(2) "Board" means the State Pension Review Board.
(3) "Business operations" means engaging in commerce
in any form in Iran, including by acquiring, developing,
maintaining, owning, selling, possessing, leasing, or operating
equipment, facilities, personnel, products, services, personal
property, real property, or any other apparatus of business or
commerce.
(4) "Company" means a sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability company, or other entity or business association
whose securities are publicly traded, including a wholly owned
subsidiary, majority-owned subsidiary, parent company, or
affiliate of those entities or business associations, that exists
to make a profit.
(5) "Direct holdings" means, with respect to a
company, all securities of that company held directly by a state
governmental entity in an account or fund in which a state
governmental entity owns all shares or interests.
(6) "Inactive business operations" means the mere
continued holding or renewal of rights to property previously
operated to generate revenue but not presently deployed to generate
revenue.
(7) "Indirect holdings" means, with respect to a
company, all securities of that company held in an account or fund,
such as a mutual fund, managed by one or more persons not employed
by a state governmental entity, in which the state governmental
entity owns shares or interests together with other investors not
subject to the provisions of this chapter. The term does not
include money invested under a plan described by Section 401(k) or
457 of the Internal Revenue Code of 1986.
(8) "Listed company" means a company listed by the
board under Section 807.051.
(9) "Military equipment" means weapons, arms,
military supplies, and equipment that readily may be used for
military purposes, including radar systems and military-grade
transport vehicles.
(10) "Scrutinized company" means a company that
engages in scrutinized business operations described by Section
807.002.
(11) "State governmental entity" means:
(A) the Employees Retirement System of Texas,
including a retirement system administered by that system;
(B) the Teacher Retirement System of Texas;
(C) the Texas Municipal Retirement System;
(D) the Texas County and District Retirement
System; and
(E) the Texas Emergency Services Retirement
System.
Sec. 807.002. SCRUTINIZED BUSINESS OPERATIONS. A company
engages in scrutinized business operations if:
(1) the company has business operations that involve
contracts with or providing supplies or services to the government
of Iran, a company in which the government of Iran has any direct or
indirect equity share, a consortium or project commissioned by the
government of Iran, or a company involved in a consortium or project
commissioned by the government of Iran; or
(2) the company supplies military equipment to Iran.
Sec. 807.003. EXCEPTION. Notwithstanding any provision of
this chapter, a company that the United States government
affirmatively declares to be excluded from its federal sanctions
regime relating to Iran is not subject to divestment or the
investment prohibition under this chapter.
Sec. 807.004. OTHER LEGAL OBLIGATIONS. With respect to
actions taken in compliance with this chapter, including all good
faith determinations regarding companies as required by this
chapter, a state governmental entity is exempt from any conflicting
statutory or common law obligations, including any obligations with
respect to making investments, divesting from any investment,
preparing or maintaining any list of companies, or choosing asset
managers, investment funds, or investments for the state
governmental entity's securities portfolios.
Sec. 807.005. INDEMNIFICATION OF STATE GOVERNMENTAL
ENTITIES, EMPLOYEES, AND OTHERS. In a cause of action based on an
action, inaction, decision, divestment, investment, company
communication, report, or other determination made or taken in
connection with this chapter, the state shall, without regard to
whether the person performed services for compensation, indemnify
and hold harmless for actual damages, court costs, and attorney's
fees adjudged against, and defend:
(1) an employee, a member of the governing body, or any
other officer of a state governmental entity;
(2) a contractor of a state governmental entity;
(3) a former employee, a former member of the
governing body, or any other former officer of a state governmental
entity who was an employee or officer when the act or omission on
which the damages are based occurred;
(4) a former contractor of a state governmental entity
who was a contractor when the act or omission on which the damages
are based occurred; and
(5) a state governmental entity.
Sec. 807.006. NO PRIVATE CAUSE OF ACTION. (a) A person,
including a member, retiree, or beneficiary of a retirement system
to which this chapter applies, an association, a research firm, a
company, or any other person may not sue or pursue a private cause
of action against the state, a state governmental entity, an
employee, a member of the governing body, or any other officer of a
state governmental entity, or a contractor of a state governmental
entity, for any claim or cause of action, including breach of
fiduciary duty, or for violation of any constitutional, statutory,
or regulatory requirement in connection with any action, inaction,
decision, divestment, investment, company communication, report,
or other determination made or taken in connection with this
chapter.
(b) A person who files suit against the state, a state
governmental entity, an employee, a member of the governing body,
or any other officer of a state governmental entity, or a contractor
of a state governmental entity, is liable for paying the costs and
attorney's fees of a person sued in violation of this section.
Sec. 807.007. INAPPLICABILITY OF REQUIREMENTS INCONSISTENT
WITH FIDUCIARY RESPONSIBILITIES AND RELATED DUTIES. A state
governmental entity is not subject to a requirement of this chapter
if the state governmental entity determines that the requirement
would be inconsistent with its fiduciary responsibility with
respect to the investment of entity assets or other duties imposed
by law relating to the investment of entity assets, including the
duty of care established under Section 67, Article XVI, Texas
Constitution.
Sec. 807.008. RELIANCE ON COMPANY RESPONSE. The board and a
state governmental entity may rely on a company's response to a
notice or communication made under this chapter without conducting
any further investigation, research, or inquiry.
SUBCHAPTER B. DUTIES REGARDING INVESTMENTS
Sec. 807.051. LISTED COMPANIES. (a) The board shall
prepare and maintain, and provide to each state governmental
entity, a list of all scrutinized companies. In maintaining the
list, the board may review and rely, as appropriate in the board's
judgment, on publicly available information regarding companies
with business operations in Iran, including information provided by
the state, nonprofit organizations, research firms, international
organizations, and governmental entities.
(b) The board shall update the list annually or more often
as the board considers necessary, but not more often than
quarterly, based on information from, among other sources, those
listed in Subsection (a).
(c) Not later than the 30th day after the date the list of
scrutinized companies is first provided or updated, the board shall
file the list with the presiding officer of each house of the
legislature and the attorney general.
Sec. 807.052. IDENTIFICATION OF INVESTMENT IN LISTED
COMPANIES. Not later than the 14th day after the date a state
governmental entity receives the list provided under Section
807.051, the state governmental entity shall notify the board of
the listed companies in which the state governmental entity owns
direct holdings or indirect holdings.
Sec. 807.053. NOTICE TO LISTED COMPANY ENGAGED IN INACTIVE
BUSINESS OPERATIONS. For each listed company identified under
Section 807.052 that is engaged in only scrutinized inactive
business operations, the state governmental entity shall send a
written notice informing the company of this chapter and
encouraging the company to continue to refrain from initiating
active business operations in Iran until it is able to avoid being
considered a listed company. The state governmental entity shall
continue the correspondence as the entity, in its sole discretion,
considers necessary, but is not required to initiate correspondence
more often than semiannually.
Sec. 807.054. ACTIONS RELATING TO LISTED COMPANY ENGAGED IN
ACTIVE BUSINESS OPERATIONS. (a) For each listed company
identified under Section 807.052 that is engaged in scrutinized
active business operations, the state governmental entity shall
send a written notice informing the company of its listed company
status and warning the company that it may become subject to
divestment by state governmental entities.
(b) The notice must offer the company the opportunity to
clarify its Iran-related activities and must encourage the company,
not later than the 90th day after the date the company receives
notice under this section, to either cease its scrutinized business
operations or convert the operations to inactive business
operations in order to avoid qualifying for divestment by state
governmental entities.
(c) If, during the time provided by Subsection (b), the
company ceases scrutinized business operations, the board shall
remove the company from the list maintained under Section 807.051
and this chapter will no longer apply to the company unless it
resumes scrutinized business operations.
(d) If, during the time provided by Subsection (b), the
company converts its scrutinized active business operations to
inactive business operations, the company is subject to all
provisions of this chapter relating to inactive business
operations.
(e) If, after the time provided by Subsection (b) expires,
the company continues to have scrutinized active business
operations, the state governmental entity shall sell, redeem,
divest, or withdraw all publicly traded securities of the company,
except securities described by Section 807.056, according to the
schedule provided by Section 807.055.
Sec. 807.055. DIVESTMENT OF ASSETS. (a) A state
governmental entity required to sell, redeem, divest, or withdraw
all publicly traded securities of a listed company shall comply
with the following schedule:
(1) at least 50 percent of those assets must be removed
from the state governmental entity's assets under management not
later than the 270th day after the date the company receives notice
under Section 807.054 or Subsection (b) unless the state
governmental entity determines, based on a good faith exercise of
its fiduciary discretion and subject to Subdivision (2), that a
later date is more prudent; and
(2) 100 percent of those assets must be removed from
the state governmental entity's assets under management not later
than the 450th day after the date the company receives notice under
Section 807.054 or Subsection (b).
(b) If a company that ceased scrutinized active business
operations after receiving notice under Section 807.054 resumes
scrutinized active business operations, the state governmental
entity shall send a written notice to the company informing it that
the state governmental entity will sell, redeem, divest, or
withdraw all publicly traded securities of the scrutinized company
according to the schedule in Subsection (a).
(c) Except as provided by Subsection (a), a state
governmental entity may delay the schedule for divestment under
that subsection only to the extent that the state governmental
entity determines, in the state governmental entity's good faith
judgment, that divestment from listed companies will likely result
in a loss in value or a benchmark deviation described by Section
807.057(a). If a state governmental entity delays the schedule for
divestment, the state governmental entity shall submit a report to
the presiding officer of each house of the legislature and the
attorney general stating the reasons and justification for the
state governmental entity's delay in divestment from listed
companies. The report must include documentation supporting its
determination that the divestment would result in a loss in value or
benchmark deviation described by Section 807.057(a), including
objective numerical estimates. The state governmental entity shall
update the report every six months.
Sec. 807.056. INVESTMENTS EXEMPTED FROM DIVESTMENT. A
state governmental entity is not required to divest from any
indirect holdings in actively or passively managed investment funds
or private equity funds. The state governmental entity shall
submit letters to the managers of investment funds containing
listed companies requesting that they consider removing those
companies from the fund or create a similar actively or passively
managed fund with indirect holdings devoid of listed companies. If
the manager creates a similar fund with substantially the same
management fees and same level of investment risk and anticipated
return, the state governmental entity may replace all applicable
investments with investments in the similar fund in a time frame
consistent with prudent fiduciary standards.
Sec. 807.057. AUTHORIZED INVESTMENT IN LISTED COMPANIES.
(a) A state governmental entity may cease divesting from or may
reinvest in one or more listed companies if clear and convincing
evidence shows that:
(1) the state governmental entity has suffered or will
suffer a loss in the hypothetical value of all assets under
management by the state governmental entity as a result of having to
divest from listed companies under this chapter; or
(2) an individual portfolio that uses a
benchmark-aware strategy would be subject to an aggregate expected
deviation from its benchmark as a result of having to divest from
listed companies under this chapter.
(b) A state governmental entity may cease divesting from or
may reinvest in a listed company as provided by this section only to
the extent necessary to ensure that the state governmental entity
does not suffer a loss in value or deviate from its benchmark as
described by Subsection (a).
(c) Before a state governmental entity may cease divesting
from or may reinvest in a listed company under this section, the
state governmental entity must provide a written report to the
presiding officer of each house of the legislature and the attorney
general setting forth the reason and justification, supported by
clear and convincing evidence, for its decisions to cease
divestment, to reinvest, or to remain invested in a listed company.
(d) The state governmental entity shall update the report
required by Subsection (c) semiannually, as applicable.
(e) This section does not apply to reinvestment in a company
that is no longer a listed company.
Sec. 807.058. PROHIBITED INVESTMENTS. Except as provided
by Sections 807.003 and 807.057, a state governmental entity may
not acquire securities of a listed company.
SUBCHAPTER C. EXPIRATION; REPORT; ENFORCEMENT
Sec. 807.101. EXPIRATION OF CHAPTER. This chapter expires
on the earlier of:
(1) the date the United States revokes its sanctions
against the government of Iran; or
(2) the date the United States Congress or the
president of the United States, through legislation or executive
order, declares that mandatory divestment of the type provided for
in this chapter interferes with the conduct of United States
foreign policy.
Sec. 807.102. REPORT. Not later than December 31 of each
year, each state governmental entity shall file a publicly
available report with the presiding officer of each house of the
legislature and the attorney general that:
(1) identifies all securities sold, redeemed,
divested, or withdrawn in compliance with Section 807.055;
(2) identifies all prohibited investments under
Section 807.058; and
(3) summarizes any changes made under Section 807.056.
Sec. 807.103. ENFORCEMENT. The attorney general may bring
any action necessary to enforce this chapter.
(b) Not later than January 1, 2014, the State Pension Review
Board shall prepare and provide to each state governmental entity,
as defined by Section 807.001, Government Code, as added by this
Act, the list of scrutinized companies required by Section 807.051,
Government Code, as added by this Act.
(c) Notwithstanding any other provision of this Act, this
section takes effect January 1, 2014.
SECTION 15. (a) Sections 22 and 22A, Texas Local Fire
Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes), are amended to read as follows:
Sec. 22. APPEALS FROM LOCAL BOARD DECISIONS. (a) A person
aggrieved by a decision of a board of trustees relating to
eligibility for or amount of benefits payable by a retirement
system may appeal the decision to the State Office of
Administrative Hearings [fire fighters' pension commissioner].
(b) An appeal under this section is begun by delivering a
notice of appeal with the chairman, secretary, or
secretary-treasurer of the board of trustees that made the
decision. The notice must be delivered not later than the 20th day
after the date of the decision and contain a brief description of
the reasons or grounds for appeal. The aggrieved person must file a
copy of the notice with the State Pension Review Board [fire
fighters' pension commissioner].
(b-1) As soon as practicable after receiving a notice of
appeal under Subsection (b) of this section the State Pension
Review Board shall refer the matter to the State Office of
Administrative Hearings by submitting notice of the appeal to that
office.
(c) An appeal under this section [to the fire fighters'
pension commissioner] is held in Austin and is a contested case
under Chapter 2001, Government Code, [the Administrative Procedure
and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
Statutes)] conducted as a de novo hearing by the State Office of
Administrative Hearings.
Sec. 22A. ATTORNEY. A board of trustees may employ an
attorney to represent the board in one or all legal matters,
including a hearing on appeal to the State Office of Administrative
Hearings [fire fighters' pension commissioner]. At the request of
a board of trustees, the city attorney of the municipality of which
the board is a part shall, without additional compensation,
represent the board in one or all legal matters.
(b) Subsection (a) of this section takes effect only on the
failure of legislation by the 83rd Legislature, Regular Session,
2013, providing for the abolition of the office of the fire
fighters' pension commissioner and the transfer and disposition of
its functions relating to the Texas Emergency Services Retirement
System and the Texas local firefighters retirement systems to
become law.
SECTION 16. Subsection (h), Section 28, Texas Local Fire
Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
Statutes), is amended to read as follows:
(h) A retirement system established under this Act is exempt
from Subchapter C, Chapter 802, Government Code, except Sections
802.202, 802.205, and 802.207.
SECTION 17. Section 801.104 and Subsection (c), Section
802.103, Government Code, are repealed.
SECTION 18. (a) The change in law made by this Act to
Section 801.1021, Government Code, regarding prohibitions on
members of the State Pension Review Board does not affect the
entitlement of a member serving on the board immediately before
September 1, 2013, to continue to serve and function as a member of
the board for the remainder of the member's term. The change in law
made to that section applies only to a member appointed on or after
September 1, 2013.
(b) Section 802.1014, Government Code, as added by this Act,
applies only to an actuarial experience study conducted on or after
the effective date of this Act. An actuarial experience study
conducted before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
(c) Section 802.102, Government Code, as amended by this
Act, is intended to clarify existing law with respect to the audit
required by that section.
(d) Subsection (d), Section 802.103, Government Code, as
added by this Act, is intended to clarify existing law with respect
to the annual financial report required by Section 802.103,
Government Code.
(e) Subsection (h), Section 802.106, Government Code, as
amended by this Act, applies only to a change in statutes or
ordinances governing a retirement system described by Subsection
(b), Section 802.106, Government Code, that is adopted on or after
the effective date of this Act. A change in statutes or ordinances
that is adopted before the effective date of this Act is governed by
the law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 19. (a) A person who is serving as a member of the
State Pension Review Board appointed under Section 801.103,
Government Code, on the effective date of this Act continues to
serve until the person's term expires.
(b) The governor shall make appointments to fill vacancies
on the State Pension Review Board so that board members' terms of
office expire in compliance with Section 801.106, Government Code,
as amended by this Act, and, if necessary for compliance with that
section, a person may be appointed to a term of office that expires
in less than six years.
(c) The term of a person who is serving as a member of the
State Pension Review Board appointed under Section 801.104,
Government Code, expires on the effective date of this Act.
SECTION 20. Contingent on the failure of legislation by the
83rd Legislature, Regular Session, 2013, providing for the
abolition of the office of the fire fighters' pension commissioner
and the transfer and disposition of its functions relating to the
Texas Emergency Services Retirement System and the Texas local
firefighters retirement systems to become law, the State Pension
Review Board shall provide any necessary assistance, including
educational training, technical assistance, and other information
to retirement systems organized under the Texas Local Fire Fighters
Retirement Act (Article 6243e, Vernon's Texas Civil Statutes).
SECTION 21. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 200 passed the Senate on
April 2, 2013, by the following vote: Yeas 31, Nays 0;
May 7, 2013, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 8, 2013, House
granted request of the Senate; May 24, 2013, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 200 passed the House, with
amendments, on April 26, 2013, by the following vote: Yeas 138,
Nays 0, two present not voting; May 8, 2013, House granted request
of the Senate for appointment of Conference Committee;
May 24, 2013, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor