82R15390 KFF-D
By: McClendon, Miller of Comal H.B. No. 3747
Substitute the following for H.B. No. 3747:
By: Orr C.S.H.B. No. 3747
A BILL TO BE ENTITLED
AN ACT
relating to the selection of and requirements for serving as a
member 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 821.001(5), Government Code, is amended
to read as follows:
(5) "Board of trustees" means the board appointed or
elected under this subtitle to administer the retirement system.
SECTION 2. The heading to Section 825.002, Government Code,
is amended to read as follows:
Sec. 825.002. APPOINTMENT AND ELECTION OF TRUSTEES
[APPOINTED BY GOVERNOR].
SECTION 3. Sections 825.002(a), (c), (d), and (e),
Government Code, are amended to read as follows:
(a) The governor shall appoint, with the advice and consent
of the senate and as provided by this section, three [seven] members
of the board of trustees.
(c) Members of the retirement system whose most recent
credited service was performed for a public school district [The
governor] shall elect under rules adopted by the board [appoint]
two members of the board, who must be [from a slate of three]
members of the retirement system and be [who are] currently
employed by a public school district [and who have been nominated in
accordance with Subsection (f) by the members of the retirement
system whose most recent credited service was performed for a
public school district]. The two members hold office for staggered
terms.
(d) Persons who have retired and are receiving benefits from
the retirement system [The governor] shall elect under rules
adopted by the board [appoint] one member of the board, who must be
a [from a slate of three] former member [members] of the retirement
system who is [have] retired and [are] receiving benefits from the
retirement system [and who have been nominated in accordance with
Subsections (f) and (g) by the persons who have retired and are
receiving benefits from the retirement system].
(e) Members of the retirement system whose most recent
credited service was performed for an institution of higher
education [The governor] shall elect under rules adopted by the
board [appoint] one member, who must be a member [from a slate of
three members] of the retirement system and be [who are] currently
employed by an institution of higher education [and who have been
nominated in accordance with Subsection (f) by the members of the
retirement system whose most recent credited service was performed
for an institution of higher education].
SECTION 4. Sections 825.0032(a) and (b), Government Code,
are amended to read as follows:
(a) Except as provided by Subsection (b), a person is not
eligible for appointment or election to the board if the person or
the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
retirement system;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving funds from the retirement system; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the retirement system, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
(b) Subsection (a) does not apply to employment by,
participation in the management of, or ownership or control of an
interest in a business entity or other organization on behalf of the
retirement system. Subsection (a)(3) does not apply to a person who
is elected [nominated for appointment] under Section 825.002(c),
(d), or (e).
SECTION 5. Section 825.0041, Government Code, is amended to
read as follows:
Sec. 825.0041. BOARD MEMBER TRAINING. (a) A person who is
appointed or elected to and qualifies for office as a member of the
board of trustees may not vote, deliberate, or be counted as a
member in attendance at a meeting of the board until the person
completes a training program that complies with this section.
(b) A training program must provide the person with
information regarding:
(1) the legislation that created the retirement system
and the board of trustees;
(2) the policy-making functions of the board;
(3) the [system's] programs operated by the retirement
system;
(4) the role and[,] functions of the retirement
system;
(5) the[,] rules of the retirement system, with an
emphasis on the rules that relate to disciplinary and investigatory
authority;
(6) the current[, and] budget for the retirement
system;
(7) [(2)] the results of the most recent formal audit
of the retirement system;
(8) [(3)] the requirements of the:
(A) [laws relating to] open meetings law,
Chapter 551;
(B) public information law, Chapter 552; and
(C)[, public information,] administrative
procedure law, Chapter 2001;
(9) the requirements of the conflict[, and conflicts]
of interest laws and other laws relating to public officials; and
(10) [(4)] any applicable ethics policies adopted by
the retirement system or the Texas Ethics Commission.
(c) A person appointed or elected to the board of trustees
is entitled to reimbursement under Section 825.007 for the travel
expenses incurred in attending the training program regardless of
whether the attendance at the program occurs before or after the
person qualifies for office.
SECTION 6. Section 825.009(a), Government Code, is amended
to read as follows:
(a) A trustee elected [appointed from a slate of members
nominated by members of the retirement system] under Section
825.002 is entitled to leave with pay from the trustee's public
school employer to attend to the official business of the
retirement system.
SECTION 7. Sections 825.010(a) and (c), Government Code,
are amended to read as follows:
(a) It is a ground for removal from the board 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;
(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 elected; 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 the ground. The presiding officer
shall then notify the appropriate appointing officer, if any, 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 appropriate appointing officer, if any,
and the attorney general that a potential ground for removal
exists.
SECTION 8. Sections 825.002(f) and (g), Government Code,
are repealed.
SECTION 9. (a) Section 825.002, Government Code, as
amended by this Act, applies only to the appointment or election of
a member of the board of trustees of the Teacher Retirement System
of Texas that occurs on or after the effective date of this Act.
(b) The change in the manner of appointing or electing
members of the board does not affect the appointment of members
serving on the board before the effective date of this Act.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.