reglab/housing_qa huggingface dataset:
TX Govt Code § 864.016 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 864 - Benefits|Section 864.016. Claim and Appeal Procedure

Sec. 864.016.  CLAIM AND APPEAL PROCEDURE.  (a)  An application for disability retirement benefits or a death benefit must be filed with the local board.   On receiving an application under this subsection, the local board shall hold a hearing to decide the merits of the application and whether to approve or deny the application.  The local board shall send a written copy of its decision to the claimant, the applicant, and the executive director. (a-1)  A claim for a service retirement annuity must be filed with the executive director.(b)  A person aggrieved by a decision of a local board or of the executive director relating to eligibility for or the amount of benefits under this subtitle may appeal the decision to the state board.(c)  An appeal of a local board or executive director decision under this section is begun by delivering a notice of appeal to the presiding officer or secretary of the local board that made the decision or to the executive director, as applicable.  The notice must be delivered not later than the 20th day after the date of the decision and contain a brief description of the reasons for the appeal.  The aggrieved person must file a copy of the notice with the state board.(d)  An appeal of a local board or executive director decision under this section is held in Austin and is a contested case under Chapter 2001, conducted as a de novo hearing by the State Office of Administrative Hearings.(e)  After a hearing under Subsection (d), the state board shall decide each appeal from a local board or executive director decision, issue a written opinion, and notify the local board or executive director, as applicable, and the claimant if the state board overrules the decision.(f)   A final decision of the state board under this section is subject to judicial review under Chapter 2001.  The standard of review is by substantial evidence.  Venue of the appeal is only in a district court in Travis County.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 8, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.07, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 24, eff. September 1, 2019.|
TX Govt Code § 865.001 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.001. Composition of State Board

Sec. 865.001.  COMPOSITION OF STATE BOARD.  (a)  The state board of the pension system is composed of nine members appointed by the governor for staggered terms of six years, with the terms of three trustees expiring on September 1 of each odd-numbered year.(b)  Except as provided by Subsection (b-1), at least five trustees must be active members of the pension system, one of whom must represent emergency medical services personnel.(b-1)  If there are no participating departments in the pension system that provide emergency medical services, the governor is not required to appoint a trustee to represent emergency medical services personnel.(c)  One trustee may be a retiree of the pension system.(d)  Three trustees must be persons who have experience in the fields of finance, securities investment, or pension administration.(e)  Appointments to the state board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 9, eff. September 1, 2009.Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.08, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 25, eff. September 1, 2019.|
TX Govt Code § 865.0011 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.0011. Sunset Review

Sec. 865.0011.  SUNSET REVIEW.  The state board of the pension system is subject to review under Chapter 325 (Texas Sunset Act) but is not abolished under that chapter.  The state board shall be reviewed during the period in which state agencies scheduled to be abolished in 2029, and every 12th year after that year, are reviewed.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.09, eff. June 14, 2013.Amended by: Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 5.01, eff. June 10, 2019.|
TX Govt Code § 865.002 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.002. Ineligibility of Certain Employees for State Board

Sec. 865.002.  INELIGIBILITY OF CERTAIN EMPLOYEES FOR STATE BOARD.  (a)  A person is not eligible for appointment to the state board if the person or the person's spouse is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the state board or the fund.(b)  A person may not serve as a trustee of the state board or act as the general counsel to the state board if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business or an association related to the operation of the state board.(c)  A person may not be a trustee or an employee of the pension system employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of emergency services, including firefighting, or public retirement systems; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of emergency services, including firefighting, or public retirement systems.(d)  In this section, a Texas trade association means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(e)  A person may not serve as a trustee or act as the general counsel to the state board or the pension system if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business or an association related to the operation of the state board.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.10, eff. June 14, 2013.|
TX Govt Code § 865.003 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.003. Compensation; Expenses

Sec. 865.003.  COMPENSATION; EXPENSES.  Trustees of the state board serve without compensation but may be reimbursed for actual and necessary expenses incurred in performing state board functions.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.|
TX Govt Code § 865.0035 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.0035. State Board Member Training

Sec. 865.0035.  STATE BOARD MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the state board may not vote, deliberate, or be counted as a member in attendance at a meeting of the state 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)  this subtitle;(2)  the programs, functions, rules, and budget of the pension system;(3)  the results of the most recent formal audit of the system;(4)  the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and(5)  any applicable ethics policies adopted by the system or the Texas Ethics Commission.(c)  A person appointed to the state board is entitled to reimbursement, as provided by the General Appropriations Act, 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.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.11, eff. June 14, 2013.|
TX Govt Code § 865.004 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.004. Voting

Sec. 865.004.  VOTING.  (a)  Each trustee of the state board is entitled to one vote.  Except as provided by Subsection (b), at any meeting of the state board, a vote by a majority of the trustees present is necessary for a decision by the trustees.(b)  The concurrence of a majority of the members of the state board is required for a vote regarding:(1)  eligibility for service retirement described by Section 864.001;(2)  the computation of a service retirement annuity described by Section 864.002;(3)  a cost-of-living increase described by Section 864.013; or(4)  a lump-sum payment adopted under Section 864.014.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.|
TX Govt Code § 865.005 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.005. Grounds for Removal of Trustees

Sec. 865.005.  GROUNDS FOR REMOVAL OF TRUSTEES.  (a)  It is a ground for removal from the state board that a trustee:(1)  does not have at the time of appointment the qualifications required by Section 865.001;(2)  does not maintain during service on the state board the qualifications required by Section 865.001;(3)  violates a prohibition established by Section 865.002;(4)  cannot discharge the person's duties for a substantial part of the term for which the person is appointed because of illness or disability; or(5)  is absent from more than half of the regularly scheduled state board meetings that the trustee is eligible to attend during a calendar year unless the absence is excused by a majority vote of the state board.(b)  The validity of an action of the state board is not affected by the fact that it is taken when a ground for removal of a trustee exists.(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the state board of the ground.  The presiding officer shall then notify the governor that a potential ground for removal exists.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.12, eff. June 14, 2013.|
TX Govt Code § 865.006 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.006. General Duties of State Board

Sec. 865.006.  GENERAL DUTIES OF STATE BOARD.  (a)  The state board shall employ a certified public accountant, an actuary, and an investment consultant for the fund and may acquire computer, custodial, or investment management services for the fund.  The costs of accounting, actuarial, investment consulting, computer, custodial, or investment management services and other administrative expenses may be paid from income earned by investment of the fund.  No portion of the corpus or income of the fund may be used for purposes other than the benefit of members, retirees, and their beneficiaries.(b)  The state board shall adopt rules necessary for the administration of the fund.  The state board shall adopt rules to provide a proration of the requirements for qualified service for a member who performs service for only a portion of a calendar year and may provide by rule for the manner in which member attendance or training hours are to be computed.(c)  The state board shall develop and implement policies that:(1)  clearly separate the policy-making responsibilities of the state board and the management responsibilities of the executive director and the staff of the pension system; and(2)  provide the public with a reasonable opportunity to appear before the state board and to speak on any issue under the jurisdiction of the state board.(d)  The state board is responsible for seeking and recovering any benefits fraudulently acquired from the pension system.  If the state board suspects fraud has occurred, the state board shall notify the appropriate local board and the benefit recipient and hold a hearing to determine whether fraud has occurred.  If, after the hearing, the state board determines that benefits from the pension system have been or are being fraudulently acquired, the state board shall seek appropriate relief.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.13, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 26, eff. September 1, 2019.|
TX Govt Code § 865.0061 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.0061. Written Policy on Managing and Administering Contracts

Sec. 865.0061.  WRITTEN POLICY ON MANAGING AND ADMINISTERING CONTRACTS.  The state board shall adopt a written policy, including procedures, to guide staff in managing and administering contracts entered into by or on behalf of the pension system.  The written policy adopted under this section must, at a minimum:(1)  address how the pension system:(A)  plans for contracting needs and develops solicitation documents;(B)  reviews, evaluates, and awards contract proposals;(C)  manages and approves contract changes;(D)  identifies performance issues and resolves contract disputes;(E)  monitors contract expenditures; and(F)  closes out contracts; and(2)  require the pension system to maintain a central location for filing contracts and information related to contracts entered into by or on behalf of the pension system.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.14, eff. June 14, 2013.|
TX Govt Code § 865.007 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.007. Administering System Assets

Sec. 865.007.  ADMINISTERING SYSTEM ASSETS.  (a)  The state board shall administer all assets of the pension system.  The state board is the trustee of the pension system's assets.(b)  The state board may acquire, hold, manage, purchase, sell, assign, trade, transfer, and dispose of any security, evidence of debt, or other investment in which the pension system's assets may be invested.(c)  The state board or the executive director may accept on behalf of the pension system gifts of money or other property from any public or private source.  Money received under this subsection shall be deposited into the fund.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.15, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 27, eff. September 1, 2019.|
TX Govt Code § 865.008 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.008. Investment of Assets

Sec. 865.008.  INVESTMENT OF ASSETS.  (a)  If a surplus exists in the fund over the amount necessary to pay benefits due for a reasonable period of time, the state board shall invest the surplus.(b)  The assets of the pension system shall be invested and reinvested in accordance with Section 67, Article XVI, Texas Constitution.  A determination of whether the state board has exercised prudence with respect to an investment decision must be made, taking into consideration the investment of all assets of the trust over which the state board has management and control rather than considering the prudence of a single investment.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.|
TX Govt Code § 865.009 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.009. Trust Fund

Sec. 865.009.  TRUST FUND.  The Texas emergency services retirement fund is a trust fund established with the comptroller.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.|
TX Govt Code § 865.0095 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.0095. Executive Director

Sec. 865.0095.  EXECUTIVE DIRECTOR.  (a)  The state board, by a majority vote of all members, shall appoint a person other than a member of the state board to serve at the state board's will as executive director.(b)  To be eligible to serve as the executive director, a person must:(1)  be a citizen of the United States; and(2)  have executive ability and experience necessary to conduct the duties of executive director.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.16, eff. June 14, 2013.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 28, eff. September 1, 2019.|
TX Govt Code § 865.010 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.010. Executive Director's Duties

Sec. 865.010.  EXECUTIVE DIRECTOR'S DUTIES.  (a)  The executive director shall oversee the distribution of all benefits.(b)  The executive director shall collect the revenues for the fund from the governing bodies of participating departments.(c)  The executive director may request and administer state funds appropriated by the legislature in addition to those required by this subtitle.(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(4), eff. September 1, 2019.(e)  Not later than the 30th day after the date the executive director receives from a participating department head notice of a change in the membership records of the participating department, the executive director shall notify the presiding officer of the local board of the participating department of the change.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 9, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.17, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 29, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(4), eff. September 1, 2019.|
TX Govt Code § 865.011 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.011. Records and Reports

Sec. 865.011.  RECORDS AND REPORTS.  (a)  The executive director may at any reasonable time examine the:(1)  records and accounts of a local board; and(2)  membership records of a participating department head.(b)  The executive director shall:(1)  require in a timely manner periodic reports from participating department heads and local boards; and(2)  prepare necessary forms for use by participating departments and local boards.(c)  The executive director shall prepare an annual report on the activity and status of the fund and submit the report to the governor, the lieutenant governor, and the speaker of the house of representatives.(d)  The state board shall electronically submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the State Pension Review Board if:(1)  as a result of an event or action, there is a significant change to the actuarial valuation of the pension system's assets or liabilities, including the extent to which the system's liabilities are unfunded;(2)  there is any change to the contributions made to or benefits paid from the system; or(3)  an actuarial valuation must be corrected or repeated because of the use of erroneous information or assumptions used in the valuation.(e)  A report submitted under Subsection (d)(1) must include and consider the effect alternative contributions and benefit structures would have on the actuarial valuation of the system, including changes in the state's contribution under Section 865.015, as well as state funding of administrative expenses.(f)  The state board shall determine the meaning of "significant change" for purposes of Subsection (d)(1), which must include circumstances in which there is an increase in the time required to amortize the unfunded liabilities of the pension system to a period that exceeds 30 years, assuming a maximum state contribution under Section 865.015.(g)  A report required under Subsection (d) may be combined with any other report required by this chapter or other law.|Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.17, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 30, eff. September 1, 2019.|
TX Govt Code § 865.0115 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.0115. Participating Department Head

Sec. 865.0115.  PARTICIPATING DEPARTMENT HEAD.  (a)  Except as provided by Subsection (b), the chief, designated leader, or other executive head of a participating department is the participating department head.(b)  Subject to the approval of the executive director, the governing body of a participating department may designate a participating department head.|Added by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 31, eff. September 1, 2019.|
TX Govt Code § 865.0116 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle H - Texas Emergency Services Retirement System|Chapter 865 - Administration|Section 865.0116. Participating Department Head's Duties

Sec. 865.0116.  PARTICIPATING DEPARTMENT HEAD'S DUTIES.  The participating department head:(1)  is responsible for:(A)  enrolling new members in the pension system; and(B)  maintaining current and accurate membership records; and(2)  shall provide information to the pension system related to changes in the membership records of the participating department in the time and manner prescribed by the pension system.|Added by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 31, eff. September 1, 2019.|