By: Miller of Comal, et al. H.B. No. 2120
(Senate Sponsor - Duncan)
(In the Senate - Received from the House May 16, 2011;
May 16, 2011, read first time and referred to Committee on State
Affairs; May 19, 2011, reported favorably by the following vote:
Yeas 8, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
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.
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