TITLE public-finance

Part III. Teacher Retirement System of Texas

Chapter 21. Purpose and Scope

34 TAC §21.1

The Teacher Retirement System of Texas (TRS) adopts an amendment to §21.1 relating to the purpose and scope of TRS, without changes to the proposed text as published in the March 12, 1999, issue of the Texas Register (24TexReg1748).

This amendment was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This Chapter and others were previously reviewed in an open meeting by the TRS Policy Committee. This Chapter and others were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendment deletes a specific date reference in the rules and indicates that policy is codified in the TRS rules. The broader wording clarifies the purpose and scope of the TRS rules.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system and for the transaction of the business of the Board.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902861

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 12, 1999

For further information, please call: (512) 391-2115


34 TAC §21.2

The Teacher Retirement System of Texas (TRS) adopts the repeal of §21.2, relating to TRS rules that had been previously approved and ratified, without changes to the proposal as published in the March 12, 1999, issue of the Texas Register (24TexReg1749).

The repeal was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This Chapter and others were previously reviewed in an open meeting by the TRS Policy Committee. This Chapter and others were posted for comments regarding whether the reason for adopting the rules continued to exist.

The repeal of the rule was adopted as the rule is no longer needed as its purpose has been fulfilled and the language is useful only as an historical footnote. Rules are approved and ratified in accordance with law.

No comments were received regarding the adoption of this repeal.

The repeal is adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system and the transaction of the business of the Board.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902862

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 12, 1999

For further information, please call: (512) 391-2115


Chapter 23. Administrative Procedures

34 TAC §§23.1, 23.4-23.8

The Teacher Retirement System of Texas (TRS) adopts amendments to §23.1 concerning grievances and complaints, §23.4 concerning public participation in adoption of rules, §23.5 concerning nomination for appointment to the Board of Trustees, §23.6 concerning trustee to trustee transfers; §23.7 concerning the code of ethics for consultants and agents, and §23.8 concerning expenditure reporting by consultants, advisors, and brokers, without changes to the proposed text as published in the March 12, 1999, issue of the Texas Register (24TexReg1749).

These amendments are a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This Chapter and others were previously reviewed in an open meeting by the TRS Policy Committee. This Chapter and others were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendments to §23.1 make it clear that grievances and complaints are covered by this rule and the term "executive secretary" is updated in §§23.1 and 23.4 to the current title of "executive director" as the title was changed by law in 1993. The proposed amendments to §23.5 substitute the term "member" for the word "teacher" to more accurately reflect that retirees are not required to be teachers. In addition, future terms to be served by trustees are more accurately reflected with changed years. The proposed amendment to §23.6 deletes an effective date which no longer has meaning for the distributions that can be paid to an eligible retirement plan by a direct trustee to trustee transfer. Sections 23.7 and 23.8 are amended by deleting two specific dates and giving a more general reference of "as amended from time to time." In addition, the most recent effective date of the documents referenced is updated.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system and for the transaction of the business of the Board.

Sections of the law affected by these amendments are:

§23.4 -- Government Code, Chapter 2001, Subchapter B, §2001.021

§23.5 -- Government Code, Chapter 825, Subchapter A

§23.7 -- Government Code, Chapter 825, Subchapter C, §825.212

§23.8 -- Government Code, Chapter 825, Subchapter C, §825.212

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902863

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 12, 1999

For further information, please call: (512) 391-2115


Chapter 27. Termination of Membership and Refunds

34 TAC §§27.1, 27.7, 27.9

The Teacher Retirement System of Texas (TRS) adopts the repeal of §27.1 concerning Termination of Membership Because of Absence, §27.7 concerning Termination of Membership and Retired Members, and §27.9 concerning Reinstatement of Transferred ERS Covered Service, without changes to the proposal as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1965).

The repeals are part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections reviewed in an open meeting by the TRS Policy Committee and the Board of Trustees. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The repeals eliminate sections of the rules that are obsolete. The repeal of §27.1 deletes language that is included in the TRS law at §822.003 of the Government Code. The repeal of §27.7 is adopted as it is a duplication of language included in 34 TAC, Part III, Chapter 31, §31.11 of the TRS rules. §27.9 is no longer needed as the transfer law to which it refers was repealed. A new law found in Chapter 805 of the Government Code allows a transfer of credit at retirement and rules covering those situations are found in 34 TAC, Part III, Chapter 25, Subchapter H.

No comments were received regarding the repeal of these rules.

The repeals are adopted under §825.102 of the Government Code, which authorizes the Board of Trustees Teacher Retirement System to adopt rules for the administration of the retirement system and for the transaction of the business of the Board.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902864

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


34 TAC §27.3, §27.6

The Teacher Retirement System of Texas (TRS) adopts amendments to §27.3 concerning a False Affidavit for a Refund and §27.6 concerning the Reinstatement of a Withdrawn Account, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1966). The text of the rules will not be republished.

These amendments were a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were reviewed in an open meeting by the TRS Policy Committee and the Board of Trustees. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendment to §27.3 changes the date for making an affidavit from the date that the person receives the refund to the date a refund is mailed due to changes is the law. The adopted amendment to §27.6 eliminates membership fees from the amounts required to reinstate a withdrawn account as the requirement was deleted from the law.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902865

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 29. Benefits

Subchapter A. Retirement

34 TAC §§29.8, 29.9, 29.22

The Teacher Retirement System of Texas (TRS) adopts amendments to §29.8 concerning retirement payment plans, §29.9 concerning survivor benefits, and §29.22 concerning approval of disability retirements, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1967). The text of the rules will not be republished.

These amendments were a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections and others were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendment to §29.8 changes the date that benefit payments to the member cease in the event of the death of the retired member and adds language addressing an additional retirement option, Option 5 which was added by law in 1995. In addition, language restricting those eligible to elect the pop-up option has been deleted in accordance with the changes in the law. The adopted amendment to §29.9 reflects increases in the survivor benefits paid and outlined in recent law. The adopted amendment to §29.22 changes the title of "executive secretary" to "executive director" which was changed in the law.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902866

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter B. Death Before Retirement

34 TAC §29.33, §29.34

The Teacher Retirement System of Texas (TRS) adopts amendments to §29.33 concerning absence from service and §29.34 concerning limitations with respect to death before retirement, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1968). The text of the rules will not be republished.

These amendments were a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendment to §29.33 substitutes a reference to a rule that was repealed with a reference to the current law and clarifies the date when absence from service begins. The adopted amendment to §29.34 changes the title of the "executive secretary" to "executive director" as this has been changed in the law.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. .

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 17, 1999.

TRD-9902867

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 6, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 31. Employment After Retirement

34 TAC §§31.3, 31.7, 31.8, 31.10, 31.11, 31.13

The Teacher Retirement System of Texas (TRS) adopts amendments to §31.3 concerning permissible substitute employment after retirement, §31.7 concerning regular employment having no effect on annuity, §31.8 concerning employment on one-half time basis, §31.10 concerning monthly certified statements, §31.11 concerning requirements to become an active member after retirement, and §31.13 concerning employment up to three months on a one-time only trial basis for disability retirees, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1968).

These amendments were part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendment to §31.3 removes language limiting substitute service to 120 days for service retirees as the law was changed in 1995 to remove the limit. In addition, the adopted amendment to the rule reflects new law allowing a disability retiree to work 90 days as a substitute or one-half time. The adopted amendment to §31.7 adds language to reflect the limitation in the law on disability retirees for 90 days as a substitute or one-half time. The adopted amendment to §31.8 makes it clear that the employment after retirement laws apply to public schools, not just high schools. It also clarifies that the reference to 12 days with respect to one-half time employment for bus drivers is determined on a monthly basis. The adopted amendment to §31.10 changes the title of "executive secretary" to "executive director" as the title was changed by law in 1993. The adopted amendment to §31.11 eliminates the language requiring payment of membership fees for each year of service when becoming an active member after retirement. Additional language adopted in §31.13 clarifies that references to §31.7 and §31.12 deal with service retirees only. The language requiring an advance designation with respect to work that occurred in three consecutive months of a school year as that requirement was deleted from the law. Finally, language is added to make clear that the law permits a 3 month exception with respect to employment for disability retirees in addition to the 90 days of work per school year provided in Title 34, TAC, §31.3.

No comments were received regarding the adoption of these amendments

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 824, Subchapter G is affected by these proposals.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 19, 1999.

TRD-9902947

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 8, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 33. Legal Competence

34 TAC §33.1, §33.2

The Teacher Retirement System of Texas (TRS) adopts amendments to §33.1 concerning legal competence in the approval of an optional settlement related to a minor and §33.2 concerning legal competence and the payments for the account of a minor child, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1970).

These amendments were part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections and others were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendments to §33.1 and §33.2 remove a specific reference to the Probate Code and insert a reference to "law". The broader wording allows reference to all Texas laws dealing with minors, rather than only those found in the Probate Code.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

No other laws are affected by these adopted changes.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 19, 1999.

TRD-9902948

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 8, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 41. Insurance

34 TAC §41.11

The Teacher Retirement System of Texas (TRS) adopts the repeal of §41.11, concerning active member insurance contingency reserve fee, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1972).

The repeal was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reason for adopting the rule continued to exist.

The repeal eliminates a section of the rules that is obsolete. The Legislature deleted the contingency reserve fee from the law.

No comments were received regarding the repeal of this rule

The repeal is adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system and under the Insurance Code, Article 3.50-4, §5 , which authorizes the Teacher Retirement System to adopt rules for the administration of the TRS insurance program. In addition, §7A(g) of Article 3.50-4 provides that the fee in question expires after the 1996-1997 school year.

Insurance Code, Article 3.50-4, §7A(g) is affected by this repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 19, 1999.

TRD-9902950

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 8, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 43. Adjudicative Hearings

34 TAC §§43.1, 43.3-43.6, 43.8-43.13, 43.16, 43.25, 43.36–43.39, 43.43, 43.45–43.47

The Teacher Retirement System of Texas (TRS) adopts amendments to §43.1, concerning administrative review of individual complaints, §43.3, concerning definitions related to adjudicative hearings, §43.4, concerning decisions subject to review by an adjudicative hearing, §43.5, concerning a request for adjudicative hearing, §43.6, concerning filing of documents, §43.8, concerning extensions, §43.9, concerning docketing of adjudicative hearing, §43.10, concerning the authority of executive secretary to grant relief, §43.11, concerning classification of pleadings, §43.12, concerning form of petitions and other pleadings, §43.13, concerning filing of pleadings and amendments, §43.16, concerning notice of hearing, §43.25, concerning conduct of hearing, §43.36, concerning ex parte consultations, §43.37, concerning reporters and transcripts, §43.38, concerning dismissal without hearing, §43.39, concerning summary judgment, §43.43, concerning subpoenas, §43.45, concerning final decisions and appeals to the Board of Trustees, §43.46, concerning rehearing and §43.47, concerning procedures not otherwise provided. These amendments are adopted without changes to the proposed text published in the March 19, 1999, issue of the Texas Register (24 TexReg 1972).

These adopted amendments are a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continues to exist. These sections have been previously reviewed in an open meeting by the TRS Policy Committee and were posted for comments regarding whether the reason for adopting the rules continue to exist.

These specific amendments recognize an administrative reorganization where the chief officer rather than a division head makes the decision that may be appealed within the agency; change the title of executive secretary to executive director as the law was changed; add the duties set in law for the State Office of Administrative Hearings (SOAH); delete some unneeded language; add a section on dismissal and SOAH authority; allow service by electronic means; update a statutory reference; allow a hearing to be held in Austin, but not necessarily at the retirement building; clarify ex parte consultations in accordance with the law; clarify the final decision area and the rehearing area by changing some of the deadlines in compliance with the law and for consistency.

No comments regarding the proposed amendments were received.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

No other laws are affected by these proposed amendments.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 20, 1999.

TRD-9902979

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 9, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


34 TAC §43.22

The Teacher Retirement System of Texas (TRS) adopts the repeal of §43.22, relating to the appointment of a hearing officer for an adjudicative hearing, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1976).

The repeal was part of the review process by TRS of all the rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reason for adopting the rules continued to exist.

The repeal of §43.22 will eliminate language regarding the appointment of hearing officers. A separate submission includes the adoption of amendments to §43.9 concerning docketing of an adjudicative hearing that will address the appointment of hearing officers.

No comments were received regarding the adoption of this repeal

The repeal is adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of Teacher Retirement System to adopt rules for the administration of the retirement fund.

No other laws are affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 20, 1999.

TRD-9902980

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 9, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 47. Qualified Domestic Relations Orders

34 TAC §§47.3, 47.5, 47.6

The Teacher Retirement System of Texas (TRS) adopts amendments to §47.3 concerning review of qualified domestic relations orders, §47.5 concerning orders not qualified and §47.6 concerning the appeal of notice that an order is not qualified, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1976).

These amendments were part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections and others were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendments to each of these sections changes the title of head of the agency from "executive secretary" to "executive director". The title was changed by law in 1993.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. In addition, the Acts of the 73rd Legislature, 1993, Chapter 812, §16 authorized the title changes.

No other laws are affected by these proposed changes.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 20, 1999.

TRD-9902981

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 9, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 49. Collection of Debts

34 TAC §§49.1, 49.3, 49.5, 49.7

The Teacher Retirement System of Texas (TRS) adopts amendments to §49.1 concerning administrative procedures for the collection of debts, §49.3 concerning referrals of matters to attorney general for collection, §49.5 concerning records pertaining to persons or entities liable for delinquent obligations, and §49.7 concerning certain obligations excepted from the procedures in the rule without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1977).

The adoption is a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continues to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee and were posted for comments regarding whether the reasons for adopting the rules continue to exist.

The adopted amendments to §49.1, §49.3, §49.5, and §49.7 change the title of head of the agency from executive secretary to executive director. The Legislature in 1993 changed the title of "executive secretary" to "executive director". These amendments clean up the language of the rules.

No comments were received regarding the adopted amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. In addition, 1993, 73rd Legislature, Chapter 812, §16 authorized the title change.

No other laws are affected by these proposed changes.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 20, 1999.

TRD-9902982

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 9, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115