reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 105 - Partnerships and Joint Stock Companies › Chapter 2 - Unincorporated Joint Stock Companies › Article 6136. Joint Liability

Where suit shall be brought against such company or association, and the only service had shall be upon the president, secretary, treasurer or general agent of such company or association, and judgment shall be rendered against the defendant company, such judgment shall be binding on the joint property of all the stockholders or members thereof, and may be enforced by execution against the joint property;  but such judgment shall not be binding on the individual property of the stockholders or members, nor authorize execution against it.
Acts 1907, p. 240.
2023 Texas Statutes › Vernon's Civil Statutes › Title 105 - Partnerships and Joint Stock Companies › Chapter 2 - Unincorporated Joint Stock Companies › Article 6137. Individual Liability

In a suit against such company or association, in addition to service on the president, secretary, treasurer or general agent of such companies or association, service of citation may also be had on any and all of the stockholders or members of such companies or associations;  and, in the event judgment shall be against such unincorporated company or association, it shall be equally binding upon the individual property of the stockholders or members so served, and executions may issue against the property of the individual stockholders or members, as well as against the joint property;  but executions shall not issue against the individual property of the stockholders or members until execution against the joint property has been returned without satisfaction.
Acts 1907, p. 240.
2023 Texas Statutes › Vernon's Civil Statutes › Title 105 - Partnerships and Joint Stock Companies › Chapter 2 - Unincorporated Joint Stock Companies › Article 6138. This Chapter Cumulative

The provisions of this chapter shall not affect nor impair the right allowed unincorporated joint stock companies and associations to sue in the individual names of the stockholders or members, nor the right of any person to sue the individual stockholders or members;  but the provisions of this chapter shall be construed as cumulative merely of other remedies now existing under the law.
Acts 1907, p. 240.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6144d. Texas Conservation and Beautification Week

Resolved, by the Senate of the State of Texas, the House of Representatives concurring, that Texas Conservation and Beautification Week be observed each year at that time which shall include April twenty-first, San Jacinto Day, and April twenty-fourth, National Wildflower Day, said week beginning two days before the twenty-first of April and ending two days after April twenty-fourth, and that said week shall be observed so that it contributes to the conservation and beautification of the State and to the happiness and lasting benefit of its people, thus making known, enforcing and teaching respect for the written and unwritten conservation laws of our country thus showing our respect and appreciation for all that is ours to cherish while we live and should preserve for posterity here where "The heavens declare the glory of God and the firmament showeth His handiwork."
Acts 1935, 44th Leg., p. 1275, S.C.R. No. 28.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 1. Purpose of Act

Sec. 1. PURPOSE OF ACT.  The purpose of this Act is to implement the Texas constitutional provisions by preserving and perpetuating as a memorial to the history of Texas one of the most historically significant areas of Texas, being that of Old Galveston.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 2. Creation of Old Galveston Quarter; Boundaries

Sec. 2. CREATION OF OLD GALVESTON QUARTER;  BOUNDARIES.    (a)  There is hereby created in the City of Galveston a district to be known as the Old Galveston Quarter, which shall be comprised of all the territory contained within the boundaries described as follows:
BEGINNING 1/2 block South of the corner of Broadway and 12th Street, West parallel to Broadway to a point 1/2 block South of the corner of 19th and Broadway;
THENCE North to a point 1/2 block North of Sealy;
THENCE East to a point 1/2 block North of Sealy and 17th Street;
THENCE North to the corner of 17th Street and Market Street;
THENCE East along Market Street to the corner of Market Street and 15th Street;
THENCE North along 15th Street to Avenue A;
THENCE East along Avenue A to the corner of Avenue A and 12th Street;
THENCE South along 12th Street to the place of beginning.
(b) Property contiguous to that described above may come within said District upon petition of the property owners.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 3. Old Galveston Quarter Commission; Members; Terms; Chairman and Officers

Sec. 3. OLD GALVESTON QUARTER COMMISSION;  MEMBERS;  TERMS;  CHAIRMAN AND OFFICERS.    (a)  The powers of the Old Galveston Quarter shall be exercised by the Old Galveston Quarter Commission consisting of five members all of whom shall be property owners within the Quarter.  The Governor shall appoint the five members from a list of ten property owners nominated by the membership of the Old Galveston Quarter Property Owners Association at the annual meeting or a special meeting called for this purpose, provided that all resident property owners within the Quarters are entitled to vote upon these nominations at the meeting.  The initial terms of the first five members of the Commission shall be as follows:  the Governor shall appoint two for a three year term;  two for a two year term;  and one for a one year term.  Upon the expiration of each of these terms, subsequent appointments shall be filled in a similar manner for a term of three years.
(b) As the term of any such Commissioner, or of any subsequent Commissioner expires, his successor shall be appointed in like manner.  Vacancies in the Commission shall be filled in the same manner for the unexpired term.  Every Commissioner shall continue in office after the expiration of his term until his successor is duly appointed and has qualified.
(c) The Commission shall elect one of its members as chairman, one as vice-chairman and another as treasurer;  and the signed authorization by two shall be necessary for operating expenditures.  Members of the Commission shall serve without compensation.  The records of the Commission shall set forth every determination made by the Commission and the vote of every member participating therein and the absence or failure to vote of every other member.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 4. Limitation on Issuance of Building Permit

Sec. 4. LIMITATION ON ISSUANCE OF BUILDING PERMIT.  No permit shall be issued by the City of Galveston for the construction of any structure in the Old Galveston Quarter or the reconstruction, alteration or demolition of any structure now or hereafter in said Quarter, except in cases excluded by this Act, unless the application for such permit shall bear a certificate under Section 6 of this Act that no exterior architectural feature is involved or shall be accompanied by a certificate of appropriateness issued under this Act, or in the case of the demolition of a structure, a certificate under this Act that thirty (30) days or such lesser period as the Commission may have determined has expired after receipt by the Commission of notice of demolition.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 5. Certificate of Nonapplicability of Statute

Sec. 5. CERTIFICATE OF NONAPPLICABILITY OF STATUTE.  Except in cases excluded by Section 8 of this Act, every person about to apply to the City of Galveston for a permit to construct any structure in the Old Galveston Quarter or to reconstruct, alter or demolish any structure now or hereafter in said Quarter shall deposit with the secretary of the Commission his application for such permit together with all plans and specifications for the work involved.  Within fifteen (15) days thereafter, Saturdays, Sundays and legal holidays excluded, the Commission shall consider such application, plans and specifications and determine whether any exterior architectural feature is involved.  If the Commission determines that no exterior architectural feature is involved, it shall cause its secretary to endorse on the application forthwith a certificate of such determination and return the application, plans and specifications to the applicant.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 7. Notice of Demolition

Sec. 7. NOTICE OF DEMOLITION.  No person shall demolish any exterior architectural feature now or hereafter in the Old Galveston Quarter until he shall have filed with the secretary of the Commission on such form as may be from time to time prescribed by the Commission a written notice of his intent to demolish such feature and a period of thirty (30) days, Saturdays, Sundays and legal holidays excluded, or such lesser period as the Commission, because the feature is not historically or architecturally significant or otherwise worthy of preservation, may in a particular case determine, shall have expired following the filing of such notice of demolition.  Upon the expiration of such period the secretary of the Commission shall forthwith issue to the person filing the notice of demolition a certificate of the expiration of such period.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 8. Exclusions

Sec. 8. EXCLUSIONS.  Nothing in this Act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature now or hereafter in the Old Galveston Quarter;  nor shall anything in this Act be construed to prevent the construction, reconstruction, alteration or demolition of any such feature which the Commission shall certify is required by the public safety because of an unsafe or dangerous condition;  nor shall anything in this Act be construed to prevent the construction, reconstruction, alteration or demolition of any such feature under a permit issued by the City of Galveston prior to the effective date of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 9. Appeals

Sec. 9. APPEALS.  Any applicant aggrieved by a determination of the Commission may, within thirty (30) days after the making of such determination, appeal to the District Court of Galveston County.  The Court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the reasons given by the Commission to be unwarranted by the evidence or to be insufficient in law to warrant the determination of the Commission or make such other decree as justice and equity may require.  The remedies provided by this Section shall be exclusive;  but the parties shall have all rights of appeal and exception as in other equity cases.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 10. Powers of the Commission

Sec. 10. POWERS OF THE COMMISSION.  The Commission may regulate the types and location of business as well as business hours within the Quarter where such regulation does not conflict with any state law or city ordinance and may sell or lease, for periods not to exceed twenty (20) years, real or personal property for use within the Quarter which it may acquire by purchase or gift;  provided that the Commission shall have no power of eminent domain.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 12. Action for Declaratory Judgment

Sec. 12. ACTION FOR DECLARATORY JUDGMENT.  The Commission may bring an action for a declaratory judgment in any District Court in Galveston or Travis Counties, Texas, in order to finally determine any question concerning this Statute.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-4. Old Galveston Quarter › Section 13. Election; Petition; Returns

Sec. 13. ELECTION;  PETITION;  RETURNS.    (a)  The powers granted to the Old Galveston Quarter Commission under this Act shall not take effect until an election has been held within the boundaries of the proposed District, and its creation has been approved by the majority of those voting in an election.
(b) A petition shall first be presented to the Commissioners Court signed by a majority of the resident property owners within the Quarter.
(c) The Commissioners Court shall then order an election to be held within the boundaries of the Old Galveston Quarter at which election shall be submitted the following propositions and none other:
"FOR the Old Galveston Quarter."
"AGAINST the Old Galveston Quarter."
(d) A majority of those voting in the Special Election shall be necessary to carry the proposition.  Only resident property owners may vote at such an election.  All such elections shall be conducted in the manner provided by the General Election Laws, unless otherwise provided.  The Commissioners Court shall name polling places within the Quarter and shall appoint the judges and other necessary election officers.
(e) Immediately after the election each presiding judge shall make returns of the result as provided for in General Elections for state and county officers, and return the ballot boxes to the County Clerk, who shall keep same in a safe place and deliver them together with all returns to the Commissioners Court at its next regular or special session to canvass the vote.  If the court finds that the proposition carried, it shall so declare the result and enter the same in its minutes.
Acts 1962, 57th Leg., 3rd C.S., p. 81, ch. 30.  Amended by Acts 1963, 58th Leg., p. 1166, ch. 453, Sec. 1-5, eff. Aug. 23, 1963.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-11b. Sesquicentennial Fund › Section 1.

Sec. 1. Amounts received from the following sources shall be deposited in a special fund in the State Treasury to be known as the sesquicentennial fund and are appropriated for the purposes contained herein:
(1) licensing fees and royalties authorized by Paragraph (B), Subdivision (8), Section 7, Chapter 84, Acts of the 66th Legislature, 1979 (Article 6145-11, Vernon's Texas Civil Statutes);  and
(2) proceeds from the sale of medallions designated by the Texas 1986 Sesquicentennial Commission as lone stars under Article 6145-14a, Revised Statutes.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-11b. Sesquicentennial Fund › Section 2.

Sec. 2. After the expiration of Chapter 84, Acts of the 66th Legislature, 1979 (Article 6145-11, Vernon's Texas Civil Statutes), the comptroller of public accounts shall collect proceeds from royalties due under licenses granted by the Texas 1986 Sesquicentennial Commission.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-11b. Sesquicentennial Fund › Section 3.

Sec. 3. As amounts from licensing fees, royalties, and the sale of medallions designated as lone stars by the Texas 1986 Sesquicentennial Commission are deposited in the fund:
(1) the Comptroller shall allocate the amounts equally between an account in the fund that may be used only by the Texas Tourist Development Agency and an account in the fund that may be used only by the Texas Commission on the Arts, until the account of the Texas Commission on the Arts has received $1,261,244;  and
(2) after the account for the Texas Commission on the Arts has received $1,261,244, the Comptroller shall allocate the amounts only to the account of the Texas Tourist Development Agency until that account has received $2,291,996;  and
(3) after the account for the Texas Tourist Development Agency has received $2,291,996, the Comptroller shall allocate the amounts equally among the account of the Texas Tourist Development Agency, the account of the Texas Commission on the Arts, and an account in the fund that may be used only by the Texas 1986 Sesquicentennial Commission, until the account of the Texas Commission on the Arts has received a total of $7,095,846 from amounts allocated under this subsection and Subdivision (1) of this section;
(4) after the account for the Texas Commission on the Arts has received a total of $7,095,846 from amounts allocated under Subdivisions (1) and (3) of this section, the Comptroller shall allocate the amounts equally between the accounts of the Texas Tourist Development Agency and the Texas 1986 Sesquicentennial Commission until the account of the Texas 1986 Sesquicentennial Commission has received a total of $10,000,000 from amounts allocated under this subdivision and Subdivision (3) of this section or until January 31, 1987, whichever shall first occur.
(5) after the Texas 1986 Sesquicentennial Commission has received a total of $10,000,000 from the amounts allocated under Subdivisions (3) and (4) of this section, the Comptroller shall allocate the amounts only to the account of the Texas Tourist Development Agency until the account of the Texas Tourist Development Agency has received a total of $15,145,604;  and
(6) after the Texas Tourist Development Agency has received a total of $15,145,604 from amounts allocated under this section, the Comptroller shall allocate the amounts only to the account of the State Preservation Board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-11b. Sesquicentennial Fund › Section 4.

Sec. 4.  (a)  Money in the fund allocated to the Texas Tourist Development Agency under Subdivisions (1) and (2) of Section 3 of this article shall be used to publish an official tour guide of the sesquicentennial or for promotional activities for the Texas 1986 Sesquicentennial Commission.
(b) Money in the fund allocated to the Texas Tourist Development Agency under Subdivisions (3), (4), and (5) of Section 3 of this article shall be used to advertise and promote the sesquicentennial both in and out of the state and for other activities as provided by law.
(c) Money in the fund allocated to the Texas Commission on the Arts under Section 3 of this article shall be used for funding and supporting sesquicentennial projects and programs and to perform any of the functions of the commission.
(d) Not less than one-half the money in the fund allocated to the Texas 1986 Sesquicentennial Commission shall be distributed to local official sesquicentennial committees sanctioned by the commission according to procedures adopted by the commission.
(e) Money in the fund allocated to the Texas 1986 Sesquicentennial Commission that is not distributed to local official sesquicentennial committees under Subsection (d) of this section or used to reimburse the comptroller of public accounts for audit services provided under Section 5 of this article shall be used to advertise and promote the sesquicentennial both in and out of state through interagency contracts with the Texas Tourist Development Agency.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-11b. Sesquicentennial Fund › Section 5.

Sec. 5. The comptroller of public accounts may audit any official sesquicentennial licensee or product manufacturer.  At the request of the Texas 1986 Sesquicentennial Commission, the comptroller of public accounts shall perform the audit and collect any money due.  At the request of the comptroller of public accounts, the attorney general shall sue as necessary to collect the amounts due to the state and uncollected.  The comptroller of public accounts shall be reimbursed for services provided under this section from money provided for that purpose under Subsection (e) of Section 4 of this article.
Added by Acts 1985, 69th Leg., ch. 651, Sec. 5, eff. Aug. 26, 1985.  Sec. 5 amended by Acts 1986, 69th Leg., 3rd C.S., ch. 26, Sec. 1, eff. Dec. 4, 1986;  Sec. 3 amended by Acts 1997, 75th Leg., ch. 1423, Sec. 21.59, eff. Sept. 1, 1997.
2023 Texas Statutes › Vernon's Civil Statutes › Title 106 - Patriotism and the Flag › Article 6145-14a. Lone Star Medallions

(a)  The Texas 1986 Sesquicentennial Commission shall designate a one ounce silver lone star medallion and one, one-half, one-fourth, and one-tenth ounce gold lone star medallions as official commemorative medallions of the sesquicentennial.
(b) The board shall contract for the production, marketing, and distribution of the medallions.
(c) The board shall deposit the proceeds from the sale of medallions to the credit of the sesquicentennial fund.
Added by Acts 1985, 69th Leg., ch. 651, Sec. 6, eff. Aug. 26, 1985.
2023 Texas Statutes › Vernon's Civil Statutes › Title 108 - Penitentiaries › Article 6203f. Encouraging Cotton Farmers to Purchase Planting Seed From Department of Corrections

Resolved by the House of Representatives, the Senate concurring, That as a means toward the development of better quality cotton in Texas, the Prison System  of our State, in disposing of its surplus cotton seed, give first consideration to the needs for better planting seed and that the cotton farmers be encouraged to purchase planting seed from the Prison System through their farm agents, Chambers of Commerce and other responsible mediums, and at a price above oil mill quotations sufficient to reimburse the Prison System for the added expense of handling.
Acts 1931, 42nd Leg., p. 925, H.C.R. No. 25.
2023 Texas Statutes › Vernon's Civil Statutes › Title 108 - Penitentiaries › Article 6203g. Agreement Authorized for Penitentiary System to Produce and Sell Farm Products to State Institutions

Therefore, be it resolved by the Senate of Texas, and the House of Representatives concurring, that the Board of Control of the State of Texas and the Board of Commissioners of the State of Texas are hereby authorized, empowered and instructed to enter into an agreement whereby the Penitentiary System will grow, produce and sell farm products to the various State Institutions at a price not to exceed the lowest bid which the Board of Control may receive from competitive bidders for the various products grown and offered for sale by the Penitentiary System of Texas.
Acts 1929, 41st Leg., p. 732, S.J.R. No. 26.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 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 husband's 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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 1.

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 entity's employees for the purchase of annuities or for contributions to any type of investment for the entity's employees as authorized in Section 403(b), Internal Revenue Code of 1986, and its subsequent amendments.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 2.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 3.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 4.

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 employee's salary for the purpose of making direct contributions to or purchases of a qualified investment product.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 5.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 6.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 7.

Sec. 7.  Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(3), eff. September 1, 2019.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 8.

Sec. 8.  Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(4), eff. September 1, 2019.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 8A.

Sec. 8A.  Repealed by Acts 2019, 86th Leg., R.S., Ch. 203 (H.B. 2820), Sec. 1.10(5), eff. September 1, 2019.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 9.

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 employee's 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 employee's financial information, including information about an employee's 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 institution's 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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 9A.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 9B.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 10.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 10A.

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 attorney's fees, investigative costs, witness fees, and deposition expenses.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 12.

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 company's eligible qualified investments.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 13.

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-5. Annuities or Investments for Certain Public Employees; Salary Reductions › Section 3(b).

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.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-6. Administration of Social Security Programs by Employees Retirement System › Section 1.

Section 1. [Amends Vernon's 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, Vernon's Texas Civil Statutes));  (2) state employees (Chapter 467, Acts of the 54th Legislature, 1955, as amended (Article 695h, Vernon's 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.