Texas Vernon’s Civil Statutes
Art. Art. 6228h
Assumption of Pension Liabilities of Participating Subdivision by Annexing Governmental Entity


Should any participating subdivision as defined under the provisions of Chapter 127, Acts of the 60th Legislature, Regular Session, 1967, as amended, establishing and regulating the Texas County and District Retirement System, be annexed into, merged with, or in any manner absorbed by a municipality or other governmental entity, such succeeding entity shall assume, provide for and continue all existing pension rights of the employees of such subdivision, and shall further succeed to the rights of such subdivision in the assets of such system.
Art. 6228. MOTHERS AID. Any widow who is the mother of a child or children under sixteen years of age, and who is unable to support them and maintain her home, may present to the Commissioners Court of the county wherein she has resided for the preceding two years a sworn petition for aid showing:
First:--Her name, time and place of her marriage, date of the death of her husband, or date of his confinement in the penitentiary or in an insane asylum, or date of his abandonment of her; names, sex, and the dates and places of their birth.
Second:--Her length or residence in the State, her present residence, and her residence during each of the previous five years.
Third:--All the property belonging to her and to each of her children, including any future or contingent interest she or any of them may have.
Fourth:--The efforts made by her to support her children.
Fifth:--The name, relationship, and address of each of her husbands relatives that may be known.
By "widow", as used herein, means a mother who is widowed by death or divorce, or whose husband has abandoned her for more than the two preceding years, or whose husband is confined in the penitentiary or in a State Hospital for the insane.
A copy of said petition and a notice of the time and place it will be presented to said Court shall be served on or mailed to the County Judge of said county at least five days before the time the court shall be requested in said petition to hear the same. When service is complete said Court shall examine under oath those who desire to be heard, and may subpoena witnesses; or the Court may refer said matter to a Commissioner to be appointed by it to hear said witnesses. Such Commissioner shall make a report to the Court stating the facts as proven before him. If the Court concludes that unless relief is granted the widow will be unable to properly support and educate her children, and that they may become a public charge, it may make an order directing a monthly payment to her, out of the County Funds, for the support of such children, not more than Fifteen ($15.00) Dollars for one child, and Six ($6.00) Dollars additional for each other child. Such allowance shall be discontinued as to any such child who reaches the age of sixteen. The Court shall have the right to refuse any such petition, and its action in so doing shall be final. The Court shall see that any widow receiving such aid is properly caring for her children. When it is found that she is not properly caring for her children, or that she is an improper guardian for them, or when the Court finds that she no longer needs such aid, it shall thereupon revoke at any time with or without notice any order made pursuant to this Article.
Acts 1917, 35th Leg., p. 313, ch. 120. Amended by Acts 1931, 42nd Leg., p. 425, ch. 256, Sec. 1.
Art. 6228a-5. ANNUITIES OR INVESTMENTS FOR CERTAIN PUBLIC EMPLOYEES; SALARY REDUCTIONS.
Sec. 1. (a) This section and Section 2 of this Act apply to:

(1)

the governing boards of state-supported institutions of higher education;

(2)

the Texas Higher Education Coordinating Board;

(3)

the Texas Education Agency;

(4)

the Texas School for the Deaf;

(5)

the Texas School for the Blind and Visually Impaired;

(6)

the Texas Department of Mental Health and Mental Retardation and the state schools, state hospitals, and other facilities and institutions under its jurisdiction;

(7)

the Texas Department of Health and facilities and institutions under its jurisdiction;

(8)

the Texas Juvenile Justice Department and facilities and institutions under its jurisdiction; and

(9)

the governing boards of Centers for Community Mental Health and Mental Retardation Services, county hospitals, city hospitals, city-county hospitals, hospital authorities, hospital districts, affiliated state agencies, and each of their political subdivisions.

(b)

An entity described by Subsection (a) of this section may enter into agreements with the entitys employees for the purchase of annuities or for contributions to any type of investment for the entitys employees as authorized in Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments.
Sec. 2. (a) If an employee of an entity covered by Section 1 of this Act is paid by the Comptroller of Public Accounts, the comptroller may take the action, in regard to that employee, that is authorized by Subsection (b) of this section. If an employee of an entity covered by Section 1 is not paid by the comptroller, the governing board of the entity may take the action in regard to that employee.

(b)

The comptroller or the governing board, as appropriate, may:

(1)

reduce the salary of participants when authorized by the participants and shall apply the amount of the reduction to the purchase of annuity contracts or to contributions to any type of investment authorized in Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments, the exclusive control of which will vest in the participants; and

(2)

develop a system to allow or require participants to electronically authorize:

(A)

participation under this Act;

(B)

purchases of annuity contracts; and

(C)

contributions to investments.
Sec. 3. (a) A state agency may permit some or all of the employees of the agency to participate in an employer-sponsored program described by Section 457(f) of the Internal Revenue Code of 1986, including subsequent amendments of that law.

(b)

Repealed by Acts 2003, 78th Leg., ch. 1111, Sec. 46(10), eff. Sept. 1, 2003.

(c)

In this section, "state agency" means a board, office, commission, department, institution, court, or other agency in any branch of state government.
Sec. 4. In this section and in Sections 5, 6, 9, 9A, 9B, 10, 11, and 12 of this Act:

(1)

"Educational institution" means a school district or an open-enrollment charter school.

(2)

"Eligible qualified investment" means a qualified investment product offered by a company that is eligible to offer the product under Section 6 of this Act.

(3)

"Employee" means an employee of an educational institution.

(4)

"Qualified investment product" means an annuity or investment that:

(A)

meets the requirements of Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments;

(B)

complies with applicable federal insurance and securities laws and regulations; and

(C)

complies with applicable state insurance and securities laws and rules.

(5)

"Salary reduction agreement" means an agreement between an educational institution and an employee to reduce the employees salary for the purpose of making direct contributions to or purchases of a qualified investment product.
Sec. 5.

(a)

An educational institution may enter into a salary reduction agreement with an employee of the institution only if the qualified investment product is an eligible qualified investment.

(b)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(1), eff. September 1, 2019.

(c)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(1), eff. September 1, 2019.

(d)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(1), eff. September 1, 2019.

(e)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(1), eff. September 1, 2019.

(f)

To the greatest degree possible, educational institutions that enter into a salary reduction agreement with employees under this section shall require that contributions to eligible qualified investments be made by automatic payroll deduction and deposited directly in the investment accounts.
Sec. 6.

(a)

An insurance company is eligible to offer qualified investment products to the employees of educational institutions under this Act if the company satisfies the following criteria:

(1)

the company is licensed by the Texas Department of Insurance and is in compliance with minimum capital and surplus requirements, including applicable risk-based capital and surplus requirements prescribed by rules adopted by the department; and

(2)

the company has experience in providing qualified investment products and has a specialized department dedicated to the service of qualified investment products, as determined by the educational institution.

(b)

A company that offers qualified investment products other than annuity contracts, including a company that offers custodial accounts under Section 403(b)(7), Internal Revenue Code of 1986, is eligible to offer qualified investment products to employees of educational institutions under this Act.

(c)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(d)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(d-1)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(d-2)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(e)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(f)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(f-1)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(g)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(h)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.

(i)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.
Sec. 7. Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(3), eff. September 1, 2019.
Sec. 8. Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(4), eff. September 1, 2019.
Sec. 8A. Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(5), eff. September 1, 2019.
Sec. 9. (a) An educational institution may not:

(1)

except as provided by Subdivision (8) of this subsection and Subsection (b) of this section, refuse to enter into a salary reduction agreement with an employee if the qualified investment product that is the subject of the salary reduction is an eligible qualified investment;

(2)

require or coerce an employees attendance at any meeting at which qualified investment products are marketed;

(3)

limit the ability of an employee to initiate, change, or terminate a qualified investment product at any time the employee chooses;

(4)

grant exclusive access to an employee by discriminating against or imposing barriers to any agent, broker, or company that provides qualified investment products under this Act;

(5)

grant exclusive access to information about an employees financial information, including information about an employees qualified investment products, to a company or agent or affiliate of a company offering qualified investment products unless the employee consents in writing to the access;

(6)

accept any benefit from a company or from an agent or affiliate of a company that offers qualified investment products;

(7)

use public funds to recommend a qualified investment product offered by a company or an agent or affiliate of a company that offers a qualified investment product; or

(8)

enter into or continue a salary reduction agreement with an employee if the qualified investment product that is the subject of the salary reduction agreement is not an eligible qualified investment without first providing the employee with notice in writing that:

(A)

indicates the reason the subject of the salary reduction agreement is no longer an eligible qualified investment; and

(B)

clearly states that by signing the notice the employee is agreeing to enter into or continue the salary reduction agreement.

(b)

An educational institution may refuse to enter into a salary reduction agreement with an employee if:

(1)

the eligible qualified investment product that is the subject of the salary reduction agreement is offered by a company that does not comply with the educational institutions administrative requirements;

(2)

the educational institution imposes the administrative requirements uniformly on all companies that offer eligible qualified investment products; and

(3)

the administrative requirements are necessary to comply with employer responsibilities imposed by:

(A)

Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments;

(B)

any other provision of the Internal Revenue Code of 1986 that applies to Section 403(b);

(C)

any regulation adopted in relation to a law described by Paragraph (A) or (B) of this subdivision that is effective after December 31, 2007; or

(D)

any change to this Act that becomes effective after January 1, 2007.
Sec. 9A. A person, other than an employee of an educational institution, or an affiliate of the person may not enter into or renew a contract under which the person is to provide services for or administer a plan offered by the institution under Section 403(b), Internal Revenue Code of 1986, unless the person:

(1)

holds a license or certificate of authority issued by the Texas Department of Insurance;

(2)

is registered as a securities dealer or agent or investment advisor with the State Securities Board; or

(3)

is a financial institution that:

(A)

is authorized by state or federal law to exercise fiduciary powers; and

(B)

has sufficient presence in this state to serve the employees of educational institutions who participate in the plan.
Sec. 9B. (a) This section applies to an entity under this Act that enters into a contract with an educational institution to administer a plan offered by the institution under Section 403(b), Internal Revenue Code of 1986.

(b)

If a person described by Subsection (a) holds a meeting at which qualified investment products will be marketed to employees of the educational institution, the person must provide representatives of other companies eligible to sell qualified investment products under Section 6 of this Act an opportunity to attend and market their qualified investment products at the meeting.
Sec. 10. (a) A person commits an offense if the person:

(1)

sells or offers for sale an investment product that is not an eligible qualified investment and that the person knows will be the subject of a salary reduction agreement;

(2)

violates the licensing requirements of Title 13, Insurance Code, with regard to a qualified investment product that the person knows will be the subject of a salary reduction agreement; or

(3)

engages in activity described by Subchapter B, Chapter 541, Insurance Code, with regard to a qualified investment product that the person knows will be the subject of a salary reduction agreement.

(b)

An offense under this section is a Class A misdemeanor.

(c)

If conduct that constitutes an offense under this section also constitutes a criminal offense under the Insurance Code, the actor may be prosecuted under this section or under the Insurance Code, but not under both this section and the Insurance Code.
Sec. 10A. (a) A person who violates this Act is subject to a civil penalty in an amount that does not exceed:

(1)

$10,000 for a single violation; or

(2)

$1,000,000 for multiple violations.

(b)

For purposes of determining the amount of a civil penalty under this section, the court shall consider the following factors:

(1)

the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation;

(2)

the harm to other persons resulting directly or indirectly from the violation;

(3)

cooperation by the person in any inquiry conducted by the state concerning the violation, efforts to prevent future occurrences of the violation, and efforts to mitigate the harm caused by the violation;

(4)

the history of previous violations by the person;

(5)

the need to deter the person or others from committing such violations in the future; and

(6)

other matters as justice may require.

(c)

The attorney general may institute an action:

(1)

for injunctive relief to restrain a violation by a person who is or who appears to be in violation of or threatening to violate this Act; or

(2)

to collect a civil penalty under this section.

(d)

An action under this section must be filed in a district court in Travis County.

(e)

The attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, reasonable attorneys fees, investigative costs, witness fees, and deposition expenses.
Sec. 11. (a) A person who offers to sell an annuity contract that is or will likely be the subject of a salary reduction agreement shall provide notice to a potential purchaser as provided by this section.

(b)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(6), eff. September 1, 2019.

(c)

The notice required under this section must be uniform and:

(1)

be in at least 14-point type;

(2)

contain spaces for:

(A)

the name, address, and telephone number of the agent and company offering the annuity contract for sale;

(B)

the name, address, and telephone number of the company underwriting the annuity;

(C)

the license number of the person offering to sell the product;

(D)

the name of the state agency that issued the persons license;

(E)

the name of the company account representative who has the authority to respond to inquiries or complaints; and

(F)

with respect to fixed annuity products:

(i)

the current interest rate or the formula used to calculate the current rate of interest;

(ii)

the guaranteed rate of interest and the percentage of the premium to which the interest rate applies;

(iii)

how interest is compounded;

(iv)

the amount of any up-front, surrender, withdrawal, deferred sales, and market value adjustment charges or any other contract restriction that exceeds 10 years;

(v)

the time, if any, the annuity is required to be in force before the purchaser is entitled to the full bonus accumulation value;

(vi)

the manner in which the amount of the guaranteed benefit under the annuity is computed;

(vii)

whether loans are guaranteed to be available under the annuity;

(viii)

what restrictions, if any, apply to the availability of money attributable to the value of the annuity once the purchaser is retired or separated from the employment of the employer;

(ix)

the amount of any other fees, costs, or penalties;

(x)

whether the annuity guarantees the participant the right to surrender a percentage of the surrender value each year, and the percentage, if any; and

(xi)

whether the annuity guarantees the interest rate associated with any settlement option; and

(3)

state, in plain language:

(A)

that the company offering the annuity must comply with Section 6 of this Act and that the annuity must be a qualified investment product;

(B)

the civil remedies available to the employee;

(C)

that the employee may purchase any eligible qualified investment through a salary reduction agreement;

(D)

the name and telephone number of the Texas Department of Insurance division that specializes in consumer protection; and

(E)

the name and telephone number of the attorney generals division that specializes in consumer protection.

(d)

A variable annuity must be accompanied by:

(1)

a notice that includes any item listed in Subsection (c) of this section that is applicable to variable annuities;

(2)

the prospectus; and

(3)

any other purchasing information required by law.

(e)

An equity-based index contract must state in plain language how the annuity contract will be credited with growth.

(f)

If a notice and other information required under this section is not provided, any annuity contract for which the notice is required is voidable at the discretion of the purchaser. Not later than the 30th day after the date an employee notifies the seller in writing of the employees election to void the contract, the seller shall refund to the employee:

(1)

the amount of all consideration paid to the purchaser; and

(2)

10 percent interest up to the date the employee provides the notice to the seller.

(g)

A seller who receives a refund request under this section is not required to make a refund otherwise required by this section if, not later than the 30th day after the date the seller receives a request for a refund from the employee, the seller provides a copy of the notice signed by the employee.
Sec. 12. A company that offers an eligible qualified investment that is subject to a salary reduction agreement shall require that each of its representatives are properly licensed and qualified, by training and continuing education, to sell and service the companys eligible qualified investments.
Sec. 13. Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(7), eff. September 1, 2019.
Acts 1962, 57th Leg., 3rd C.S. p. 60, ch. 22, Sec. 1. Amended by Acts 1969, 61st Leg., p. 2297, ch. 774, Sec. 2, eff. Sept. 1, 1969; Acts 1971, 62nd Leg., p. 925, ch. 139, Sec. 1, eff. May 10, 1971; Acts 1971, 62nd Leg., p. 2372, ch. 733, Sec. 1, eff. June 8, 1971; Acts 1981, 67th Leg., p. 1862, ch. 441, Sec. 1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 188, ch. 44, art. IV, Sec. 6, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 740, Sec. 1, eff. Aug. 26, 1985; Acts 1993, 73rd Leg., ch. 449, Sec. 6, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 791, Sec. 53, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1340, Sec. 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1341, Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1229, Sec. 21, 22, 23, eff. Sept. 1, 2001.
Sec. 3(b) repealed by Acts 2003, 78th Leg., ch. 1111, Sec. 46(10), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 715 (H.B. 2341), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 17, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 18, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 19, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 20, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 21, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 22, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 23, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 24, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 25, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1177 (H.B. 3480), Sec. 7, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 148, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.01, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.02, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.03, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.04, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.05, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.06, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.07, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.08, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.09, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(1), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(2), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(3), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(4), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(5), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(6), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(7), eff. September 1, 2019.
Art. 6228a-6. ADMINISTRATION OF SOCIAL SECURITY PROGRAMS BY EMPLOYEES RETIREMENT SYSTEM.
Section 1. [Amends Vernons Ann.Civ.St. arts. 695g, Sec. 1(d), 2 and 5 and 695h, Sec. 1(d) and 2 and V.T.C.A., Education Code Sec. 17.91.]
Sec. 2. TRANSFER OF ADMINISTRATION FROM DEPARTMENT OF PUBLIC WELFARE; CONTRACTS AND AGREEMENTS TO REMAIN IN FORCE AND EFFECT; SUCCESSION TO RIGHTS, POWERS, DUTIES, ETC. The operation and administration of the programs providing federal social security coverage for: (1) employees of counties, municipalities, and other political subdivisions of the State of Texas (Chapter 500, Acts of the 52nd Legislature, 1951, as amended (Article 695g, Vernons Texas Civil Statutes)); (2) state employees (Chapter 467, Acts of the 54th Legislature, 1955, as amended (Article 695h, Vernons Texas Civil Statutes)); and (3) employees of County Board of School Trustees and County School Superintendents (Section 17.91, Texas Education Code) shall be and are hereby transferred effective September 1, 1975, from the State Department of Public Welfare to the Employees Retirement System of Texas. All contracts and agreements in existence on the effective date of the transfer between the State Department of Public Welfare and the United States government or any and all local political subdivisions of the State of Texas or any other governmental entity shall remain in full force and effect and, upon validation by the Employees Retirement System of Texas, shall become effective contracts or agreements between the Employees Retirement System of Texas and such United States government or any agency thereof or any political subdivisions or other governmental entity of the State of Texas.
The Employees Retirement System of Texas shall succeed to and be vested with all the rights, powers, duties, personnel, property records, trust funds, and appropriations now held by the State Department of Public Welfare for the operation and administration of the social security programs.
Sec. 3. EMPLOYEES: TRANSFER, APPOINTMENT, DUTIES, QUALIFICATIONS AND COMPENSATION. All personnel employed in the Social Security Division of the State Department of Public Welfare are transferred to the Employees Retirement System of Texas. The system shall appoint all employees and shall prescribe their duties and qualifications for employment. The salaries and compensations of all employees shall be fixed by the Employees Retirement System of Texas commensurate with prevailing rates for similar state positions.
Sec. 4. TRANSFER OF PERSONAL PROPERTY AND EQUIPMENT. All personal property and equipment purchased out of the Social Security Administration Account now in use by the Social Security Division of the State Department of Public Welfare for the operation and administration of the program are hereby transferred to the Employees Retirement System of Texas.
Sec. 5. TRANSFER OF TRUST FUNDS. All trust funds created for social security purposes and specifically those known as the Social Security Fund Account identified in the state comptrollers records as Fund No. 913 and the Social Security Administration Account identified in the state comptrollers records as Fund No. 929 are hereby transferred to the Employees Retirement System of Texas.
Sec. 6. NEGOTIATION FOR AND ACQUISITION OF LANDS, BUILDINGS AND FACILITIES. The Employees Retirement System of Texas is hereby authorized to negotiate for and to acquire from the United States government or any agency thereof or from any source whatever by gift, purchase, or leasehold for and on behalf of the State of Texas for use in the state service and in the operation and administration of the federal social security program as it now exists, or as it may hereafter be amended, any lands, buildings, and facilities within the State of Texas and any personal property and equipment wherever located and to take title thereto for and in the name of the State of Texas.
Sec. 7. USE OF TRUST FUNDS. Employees retirement system trust funds shall not be used in any manner or at any time for the administration of the social security trust funds or programs provided for herein.
Sec. 8. EFFECTIVE DATE. This Act shall become effective September 1, 1975.
Sec. 9. REPEAL OF CONFLICTING LAWS; SAVING PROVISIONS. All laws or parts of laws in conflict herewith are hereby repealed to the extent of such conflict only. It is expressly provided, however, that Chapter 500, Acts of the 52nd Legislature, 1951, as amended (Article 695g, Vernons Texas Civil Statutes), Chapter 467, Acts of the 54th Legislature, 1955, as amended (Article 695h, Vernons Texas Civil Statutes), and Section 17.91, Texas Education Code, shall continue in full force and effect except wherein they conflict with this Act and, more particularly, those portions of those articles placing the operation and administration of the federal social security program under the State Department of Public Welfare, and wherever any power, duty, function, or responsibility is placed upon the executive director (commissioner) of public welfare, it shall be vested in the Employees Retirement System of Texas.
Acts 1975, 64th Leg., p. 966, ch. 366, Sec. 2 to 9, eff. Sept. 1, 1975.
Art. 6228d. DEATH BEFORE RETIREMENT UNDER COUNTY RETIREMENT SYSTEMS.
Sec. 1. Any member of a retirement, disability and death compensation fund established by any county of this State pursuant to Section 62 of Article XVI of the Constitution of Texas, by written designation filed in such form and with such officer or employee as the Commissioners Court shall prescribe, may provide that the contributions made by such member to such fund, together with interest (if any) assigned to such contributions under such plan, shall be paid, in the event of the death of such member before retirement with an allowance of benefits from said fund, to such beneficiary as may be named by him in such written designation. The member may change the beneficiary so designated, or revoke a designation previously made by filing with the Commissioners Court, or such officer or employee as may be designated by such Court, a notice in writing in such form as the Court may prescribe, of such change or revocation.
In the event the member dies before such retirement, without so designating a beneficiary to receive his accumulated contributions and interest if any, or in the event the beneficiary so designated predeceases the member, such sums shall be paid to his estate. Payment of the accumulated contributions and interest of a member to the executor or administrator of his estate, or to his designated beneficiary, shall discharge the fund and its administrative officers from any other or further liability therefor.
Sec. 2. The provisions of this Act shall apply to all such retirement, disability and death compensation funds, whether such funds were established prior to the passage of this Act or subsequent to the passage of this Act.
Acts 1949, 51st Leg., p. 1174, ch. 588. Amended by Acts 1951, 52nd Leg., p. 230, ch. 136.
Acts 1971, 62nd Leg., p. 992, ch. 179, Sec. 1, eff. Aug. 30, 1971.
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