Texas Vernon’s Civil Statutes
Sec. § 2.09
Determination by Board


The board of trustees is authorized to hear and determine all matters regarding:

(1)

eligibility of any person to participate in a fund under this Act;

(2)

eligibility of any person to receive a service, disability, or survivors benefit and the amount of that benefit; and

(3)

whether a child or a parent of a deceased member was dependent on the member for financial support.

(b)

If an insurance policy described by Subsection (a) of this section is not available, sufficient, adequate, or otherwise in effect, the board may indemnify a trustee, officer, or employee of the board for liability imposed as damages caused by, and for reasonable costs and expenses incurred by the person in defense of, an alleged act, error, or omission committed in the persons fiduciary capacity. The board may not indemnify a trustee, officer, or employee of the board for liability imposed or costs and expenses incurred because of the trustees, officers, or employees personal dishonesty, fraudulent breach of trust, lack of good faith, intentional fraud or deception, or intentional failure to act prudently.

(c)

A decision to indemnify under this section must be made by five trustees. If a proposed indemnification is of a trustee, the trustee may not vote on the matter.

(d)

The board may adopt a rule establishing a method for presentation, approval, and payment of claims for indemnification under this section.
Source
Last accessed
Oct. 19, 2019