Texas 2011 82nd Regular

Texas House Bill HB2120 Enrolled / Bill

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                    H.B. No. 2120


 AN ACT
 relating to the composition 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 825.002, Government Code, is amended by
 amending Subsection (e) and adding Subsection (e-1) to read as
 follows:
 (e)  The governor shall appoint one member of the board from
 a slate of three persons [members of the retirement system] who [are
 currently employed by an institution of higher education and who]
 have been nominated in accordance with Subsection (f) by the
 following groups collectively:
 (1)  [the] members of the retirement system whose most
 recent credited service was performed for an institution of higher
 education;
 (2)  members of the retirement system whose most recent
 credited service was performed for a public school district; and
 (3)  persons who have retired and are receiving
 benefits from the retirement system.
 (e-1)  A person may be nominated for appointment to the board
 under Subsection (e) if the person is:
 (1)  a member of the retirement system who is currently
 employed by an institution of higher education;
 (2)  a member of the retirement system who is currently
 employed by a public school district; or
 (3)  a former member of the retirement system who has
 retired and is receiving benefits from the system.
 SECTION 2.  Sections 825.010(a) and (c), Government Code,
 are amended to read as follows:
 (a)  It is a ground for removal from the board of trustees
 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 applicable to the trustee;
 (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
 (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 trustees of the ground. The
 presiding officer shall then notify the governor [appropriate
 appointing officer] 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 governor
 [appropriate appointing officer] and the attorney general that a
 potential ground for removal exists.
 SECTION 3.  (a)  This Act applies only to the appointment of
 a trustee of the board of trustees of the Teacher Retirement System
 of Texas that occurs on or after the effective date of this Act.
 (b)  A person who is serving as a trustee immediately before
 the effective date of this Act may complete the trustee's term of
 office, and the trustee's qualifications for serving as a trustee
 are governed by the law in effect immediately before the effective
 date of this Act until the date that trustee's term expires.
 SECTION 4.  This Act takes effect September 1, 2011.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 2120 was passed by the House on May
 13, 2011, by the following vote:  Yeas 138, Nays 0, 1 present, not
 voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 2120 was passed by the Senate on May
 24, 2011, by the following vote:  Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 APPROVED:  _____________________
 Date
 _____________________
 Governor