83R7848 KFF-D By: Strama H.B. No. 3213 A BILL TO BE ENTITLED AN ACT relating to the composition of the board of trustees of the Employees Retirement System of Texas. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 815.001, Government Code, is amended to read as follows: Sec. 815.001. COMPOSITION OF BOARD OF TRUSTEES. The board of trustees is composed of seven [six] members. SECTION 2. Section 815.003, Government Code, is amended by amending Subsections (a) through (d) and adding Subsection (b-1) to read as follows: (a) Four [Three] members of the board of trustees are nominated and elected by members of the retirement system and retirees under rules adopted by the board. (b) Three elected members [To be eligible to serve as an elected member] of the board[, a person] must be members [a member] of the retirement system and must hold positions [a position] that: (1) are [is] included in the employee class of membership; and (2) are [is] not with an agency or department with which another trustee holds a position. (b-1) One elected member must be a retiree. (c) Elected trustees hold office for staggered terms of six years, with the term of one or two trustees, as appropriate, [trustee] expiring on August 31 of each odd-numbered year. (d) The board shall hold elections for the members and retirees to nominate and elect the appropriate number of trustees [a trustee] before August 31 of each odd-numbered year. The board shall make ballots available to members of the retirement system and retirees and all votes must be cast on those ballots. SECTION 3. Notwithstanding Section 815.003(d), Government Code, as it existed on January 1, 2013, the board of trustees of the Employees Retirement System of Texas shall postpone, if necessary, the normal 2013 election of a member to serve on the board. The board of trustees shall hold an election as soon as possible after the effective date of this Act to elect: (1) a retiree of the Employees Retirement System of Texas as required by Section 815.003(b-1), Government Code, as added by this Act; and (2) a member to fill the elected position expiring August 31, 2013. SECTION 4. 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, 2013.