Texas 2009 - 81st Regular

Texas House Bill HB648 Compare Versions

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1	1	81R1360 KFF-D
2	2	By: Davis of Dallas H.B. No. 648
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the selection of certain members of the board of
8	8	trustees of the Teacher Retirement System of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 821.001(5), Government Code, is amended
11	11	to read as follows:
12	12	(5) "Board of trustees" means the board appointed or
13	13	elected under this subtitle to administer the retirement system.
14	14	SECTION 2. The heading to Section 825.002, Government Code,
15	15	is amended to read as follows:
16	16	Sec. 825.002. APPOINTMENT AND ELECTION OF TRUSTEES
17	17	[APPOINTED BY GOVERNOR].
18	18	SECTION 3. Sections 825.002(a), (c), (d), and (e),
19	19	Government Code, are amended to read as follows:
20	20	(a) The governor shall appoint, with the advice and consent
21	21	of the senate and as provided by this section, three [seven] members
22	22	of the board of trustees.
23	23	(c) Members of the retirement system whose most recent
24	24	credited service was performed for a public school district [The
25	25	governor] shall elect under rules adopted by the board [appoint]
26	26	two members of the board who must be [from a slate of three] members
27	27	of the retirement system and [who are] currently employed by a
28	28	public school district [and who have been nominated in accordance
29	29	with Subsection (f) by the members of the retirement system whose
30	30	most recent credited service was performed for a public school
31	31	district]. The two members hold office for staggered terms.
32	32	(d) Persons who have retired and are receiving benefits from
33	33	the retirement system [The governor] shall elect under rules
34	34	adopted by the board [appoint] one member of the board who must be a
35	35	[from a slate of three] former member [members] of the retirement
36	36	system who is [have] retired and [are] receiving benefits from the
37	37	retirement system [and who have been nominated in accordance with
38	38	Subsections (f) and (g) by the persons who have retired and are
39	39	receiving benefits from the retirement system].
40	40	(e) Members of the retirement system whose most recent
41	41	credited service was performed for an institution of higher
42	42	education [The governor] shall elect under rules adopted by the
43	43	board [appoint] one member who must be a member [from a slate of
44	44	three members] of the retirement system and [who are] currently
45	45	employed by an institution of higher education [and who have been
46	46	nominated in accordance with Subsection (f) by the members of the
47	47	retirement system whose most recent credited service was performed
48	48	for an institution of higher education].
49	49	SECTION 4. Sections 825.0032(a) and (b), Government Code,
50	50	are amended to read as follows:
51	51	(a) Except as provided by Subsection (b), a person is not
52	52	eligible for appointment or election to the board if the person or
53	53	the person's spouse:
54	54	(1) is employed by or participates in the management
55	55	of a business entity or other organization receiving funds from the
56	56	retirement system;
57	57	(2) owns or controls, directly or indirectly, more
58	58	than a 10 percent interest in a business entity or other
59	59	organization receiving funds from the retirement system; or
60	60	(3) uses or receives a substantial amount of tangible
61	61	goods, services, or funds from the retirement system, other than
62	62	compensation or reimbursement authorized by law for board
63	63	membership, attendance, or expenses.
64	64	(b) Subsection (a) does not apply to employment by,
65	65	participation in the management of, or ownership or control of an
66	66	interest in a business entity or other organization on behalf of the
67	67	retirement system. Subsection (a)(3) does not apply to a person who
68	68	is elected [nominated for appointment] under Section 825.002(c),
69	69	(d), or (e).
70	70	SECTION 5. Sections 825.0041(a) and (c), Government Code,
71	71	are amended to read as follows:
72	72	(a) A person who is appointed or elected to and qualifies
73	73	for office as a member of the board of trustees may not vote,
74	74	deliberate, or be counted as a member in attendance at a meeting of
75	75	the board until the person completes a training program that
76	76	complies with this section.
77	77	(c) A person appointed or elected to the board of trustees
78	78	is entitled to reimbursement under Section 825.007 for the travel
79	79	expenses incurred in attending the training program regardless of
80	80	whether the attendance at the program occurs before or after
81	81	the person qualifies for office.
82	82	SECTION 6. Section 825.009(a), Government Code, is amended
83	83	to read as follows:
84	84	(a) A trustee elected [appointed from a slate of members
85	85	nominated by members of the retirement system] under Section
86	86	825.002 is entitled to leave with pay from the trustee's public
87	87	school employer to attend to the official business of the
88	88	retirement system.
89	89	SECTION 7. Sections 825.010(a) and (c), Government Code,
90	90	are amended to read as follows:
91	91	(a) It is a ground for removal from the board that a trustee:
92	92	(1) does not have at the time of taking office the
93	93	qualifications required for the trustee's position;
94	94	(2) does not maintain during service on the board the
95	95	qualifications required for the trustee's position;
96	96	(3) violates a prohibition established by Section
97	97	825.002(b) or 825.0032;
98	98	(4) cannot because of illness or disability discharge
99	99	the trustee's duties for a substantial part of the term for which
100	100	the trustee is appointed or elected; or
101	101	(5) is absent from more than half of the regularly
102	102	scheduled board meetings that the person is eligible to attend
103	103	during a calendar year without an excuse approved by a majority vote
104	104	of the board.
105	105	(c) If the executive director has knowledge that a potential
106	106	ground for removal exists, the executive director shall notify the
107	107	presiding officer of the board of the ground. The presiding officer
108	108	shall then notify the appropriate appointing officer, if any, and
109	109	the attorney general that a potential ground for removal exists. If
110	110	the potential ground for removal involves the presiding officer,
111	111	the executive director shall notify the next highest officer of the
112	112	board, who shall notify the appropriate appointing officer, if any,
113	113	and the attorney general that a potential ground for removal
114	114	exists.
115	115	SECTION 8. Sections 825.002(f) and (g), Government Code,
116	116	are repealed.
117	117	SECTION 9. (a) Section 825.002, Government Code, as amended
118	118	by this Act, applies only to the appointment or election of a member
119	119	of the board of trustees of the Teacher Retirement System of Texas
120	120	that occurs on or after the effective date of this Act.
121	121	(b) The change in the manner of appointing or electing
122	122	members of the board does not affect the appointment of members
123	123	serving on the board before the effective date of this Act.
124	124	SECTION 10. This Act takes effect immediately if it
125	125	receives a vote of two-thirds of all the members elected to each
126	126	house, as provided by Section 39, Article III, Texas Constitution.
127	127	If this Act does not receive the vote necessary for immediate
128	128	effect, this Act takes effect September 1, 2009.