| 1 | 1 | | By: Miller of Comal, et al. H.B. No. 2120 |
|---|
| 2 | 2 | | (Senate Sponsor - Duncan) |
|---|
| 3 | 3 | | (In the Senate - Received from the House May 16, 2011; |
|---|
| 4 | 4 | | May 16, 2011, read first time and referred to Committee on State |
|---|
| 5 | 5 | | Affairs; May 19, 2011, reported favorably by the following vote: |
|---|
| 6 | 6 | | Yeas 8, Nays 0; May 19, 2011, sent to printer.) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | A BILL TO BE ENTITLED |
|---|
| 10 | 10 | | AN ACT |
|---|
| 11 | 11 | | relating to the composition of the board of trustees of the Teacher |
|---|
| 12 | 12 | | Retirement System of Texas. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Section 825.002, Government Code, is amended by |
|---|
| 15 | 15 | | amending Subsection (e) and adding Subsection (e-1) to read as |
|---|
| 16 | 16 | | follows: |
|---|
| 17 | 17 | | (e) The governor shall appoint one member of the board from |
|---|
| 18 | 18 | | a slate of three persons [members of the retirement system] who [are |
|---|
| 19 | 19 | | currently employed by an institution of higher education and who] |
|---|
| 20 | 20 | | have been nominated in accordance with Subsection (f) by the |
|---|
| 21 | 21 | | following groups collectively: |
|---|
| 22 | 22 | | (1) [the] members of the retirement system whose most |
|---|
| 23 | 23 | | recent credited service was performed for an institution of higher |
|---|
| 24 | 24 | | education; |
|---|
| 25 | 25 | | (2) members of the retirement system whose most recent |
|---|
| 26 | 26 | | credited service was performed for a public school district; and |
|---|
| 27 | 27 | | (3) persons who have retired and are receiving |
|---|
| 28 | 28 | | benefits from the retirement system. |
|---|
| 29 | 29 | | (e-1) A person may be nominated for appointment to the board |
|---|
| 30 | 30 | | under Subsection (e) if the person is: |
|---|
| 31 | 31 | | (1) a member of the retirement system who is currently |
|---|
| 32 | 32 | | employed by an institution of higher education; |
|---|
| 33 | 33 | | (2) a member of the retirement system who is currently |
|---|
| 34 | 34 | | employed by a public school district; or |
|---|
| 35 | 35 | | (3) a former member of the retirement system who has |
|---|
| 36 | 36 | | retired and is receiving benefits from the system. |
|---|
| 37 | 37 | | SECTION 2. Sections 825.010(a) and (c), Government Code, |
|---|
| 38 | 38 | | are amended to read as follows: |
|---|
| 39 | 39 | | (a) It is a ground for removal from the board of trustees |
|---|
| 40 | 40 | | that a trustee: |
|---|
| 41 | 41 | | (1) does not have at the time of taking office the |
|---|
| 42 | 42 | | qualifications required for the trustee's position; |
|---|
| 43 | 43 | | (2) does not maintain during service on the board the |
|---|
| 44 | 44 | | qualifications required for the trustee's position; |
|---|
| 45 | 45 | | (3) violates a prohibition established by Section |
|---|
| 46 | 46 | | 825.002(b) or 825.0032 applicable to the trustee; |
|---|
| 47 | 47 | | (4) cannot because of illness or disability discharge |
|---|
| 48 | 48 | | the trustee's duties for a substantial part of the term for which |
|---|
| 49 | 49 | | the trustee is appointed; or |
|---|
| 50 | 50 | | (5) is absent from more than half of the regularly |
|---|
| 51 | 51 | | scheduled board meetings that the person is eligible to attend |
|---|
| 52 | 52 | | during a calendar year without an excuse approved by a majority vote |
|---|
| 53 | 53 | | of the board. |
|---|
| 54 | 54 | | (c) If the executive director has knowledge that a potential |
|---|
| 55 | 55 | | ground for removal exists, the executive director shall notify the |
|---|
| 56 | 56 | | presiding officer of the board of trustees of the ground. The |
|---|
| 57 | 57 | | presiding officer shall then notify the governor [appropriate |
|---|
| 58 | 58 | | appointing officer] and the attorney general that a potential |
|---|
| 59 | 59 | | ground for removal exists. If the potential ground for removal |
|---|
| 60 | 60 | | involves the presiding officer, the executive director shall notify |
|---|
| 61 | 61 | | the next highest officer of the board, who shall notify the governor |
|---|
| 62 | 62 | | [appropriate appointing officer] and the attorney general that a |
|---|
| 63 | 63 | | potential ground for removal exists. |
|---|
| 64 | 64 | | SECTION 3. (a) This Act applies only to the appointment of |
|---|
| 65 | 65 | | a trustee of the board of trustees of the Teacher Retirement System |
|---|
| 66 | 66 | | of Texas that occurs on or after the effective date of this Act. |
|---|
| 67 | 67 | | (b) A person who is serving as a trustee immediately before |
|---|
| 68 | 68 | | the effective date of this Act may complete the trustee's term of |
|---|
| 69 | 69 | | office, and the trustee's qualifications for serving as a trustee |
|---|
| 70 | 70 | | are governed by the law in effect immediately before the effective |
|---|
| 71 | 71 | | date of this Act until the date that trustee's term expires. |
|---|
| 72 | 72 | | SECTION 4. This Act takes effect September 1, 2011. |
|---|
| 73 | 73 | | * * * * * |
|---|