Texas 2009 - 81st Regular

Texas House Bill HB688 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3155 TJS-D
2	2	By: Herrero H.B. No. 688
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the election of certain members of the board of trustees
8	8	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), (d), (f), and (g),
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, six [seven] members
22	22	of the board of trustees.
23	23	(d) Persons who have retired and are receiving benefits from
24	24	the retirement system [The governor] shall elect under rules
25	25	adopted by the board [appoint] one member of the board who must be a
26	26	[from a slate of three] former member [members] of the retirement
27	27	system who is [have] retired and [are] receiving benefits from the
28	28	retirement system [and who have been nominated in accordance with
29	29	Subsections (f) and (g) by the persons who have retired and are
30	30	receiving benefits from the retirement system].
31	31	(f) Persons considered for nomination under Subsection
32	32	(c)[, (d),] or (e) must have been nominated by written ballot at an
33	33	election conducted under rules adopted by the board of trustees.
34	34	(g) To provide for the election [nomination] of persons [for
35	35	appointment] under Subsection (d), the board shall send to each
36	36	retiree of the retirement system:
37	37	(1) notice of the deadline for filing as a candidate
38	38	for election [nomination];
39	39	(2) information on procedures to follow in filing as a
40	40	candidate; and
41	41	(3) a written ballot.
42	42	SECTION 4. Sections 825.0032(a) and (b), Government Code,
43	43	are amended to read as follows:
44	44	(a) Except as provided by Subsection (b), a person is not
45	45	eligible for appointment or election to the board if the person or
46	46	the person's spouse:
47	47	(1) is employed by or participates in the management
48	48	of a business entity or other organization receiving funds from the
49	49	retirement system;
50	50	(2) owns or controls, directly or indirectly, more
51	51	than a 10 percent interest in a business entity or other
52	52	organization receiving funds from the retirement system; or
53	53	(3) uses or receives a substantial amount of tangible
54	54	goods, services, or funds from the retirement system, other than
55	55	compensation or reimbursement authorized by law for board
56	56	membership, attendance, or expenses.
57	57	(b) Subsection (a) does not apply to employment by,
58	58	participation in the management of, or ownership or control of an
59	59	interest in a business entity or other organization on behalf of the
60	60	retirement system. Subsection (a)(3) does not apply to a person who
61	61	is nominated for appointment under Section 825.002(c)[, (d),] or
62	62	(e) or who is elected under Subsection 825.002(d).
63	63	SECTION 5. Sections 825.0041(a) and (c), Government Code,
64	64	are amended to read as follows:
65	65	(a) A person who is appointed or elected to and qualifies
66	66	for office as a member of the board of trustees may not vote,
67	67	deliberate, or be counted as a member in attendance at a meeting of
68	68	the board until the person completes a training program that
69	69	complies with this section.
70	70	(c) A person appointed or elected to the board of trustees
71	71	is entitled to reimbursement under Section 825.007 for the travel
72	72	expenses incurred in attending the training program regardless of
73	73	whether the attendance at the program occurs before or after
74	74	the person qualifies for office.
75	75	SECTION 6. Section 825.009(a), Government Code, is amended
76	76	to read as follows:
77	77	(a) A trustee who is elected under Section 825.002 or who is
78	78	appointed from a slate of members nominated by members of the
79	79	retirement system under Section 825.002 is entitled to leave with
80	80	pay from the trustee's public school employer to attend to the
81	81	official business of the retirement system.
82	82	SECTION 7. Sections 825.010(a) and (c), Government Code,
83	83	are amended to read as follows:
84	84	(a) It is a ground for removal from the board that a trustee:
85	85	(1) does not have at the time of taking office the
86	86	qualifications required for the trustee's position;
87	87	(2) does not maintain during service on the board the
88	88	qualifications required for the trustee's position;
89	89	(3) violates a prohibition established by Section
90	90	825.002(b) or 825.0032;
91	91	(4) cannot because of illness or disability discharge
92	92	the trustee's duties for a substantial part of the term for which
93	93	the trustee is appointed or elected; or
94	94	(5) is absent from more than half of the regularly
95	95	scheduled board meetings that the person is eligible to attend
96	96	during a calendar year without an excuse approved by a majority vote
97	97	of the board.
98	98	(c) If the executive director has knowledge that a potential
99	99	ground for removal exists, the executive director shall notify the
100	100	presiding officer of the board of the ground. The presiding officer
101	101	shall then notify the appropriate appointing officer, if any, and
102	102	the attorney general that a potential ground for removal exists. If
103	103	the potential ground for removal involves the presiding officer,
104	104	the executive director shall notify the next highest officer of the
105	105	board, who shall notify the appropriate appointing officer, if any,
106	106	and the attorney general that a potential ground for removal
107	107	exists.
108	108	SECTION 8. (a) Section 825.002, Government Code, as amended
109	109	by this Act, applies only to the appointment or election of a member
110	110	of the board of trustees of the Teacher Retirement System of Texas
111	111	that occurs on or after the effective date of this Act.
112	112	(b) The change in the manner of appointing or electing
113	113	members of the board does not affect the appointment of members
114	114	serving on the board before the effective date of this Act.
115	115	SECTION 9. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2009.