34 TAC §23.5
The Board of Trustees (Board) of the Teacher Retirement System
of Texas (TRS) adopts amendments to §23.5 concerning nomination for appointment
to the TRS Board of Trustees (Board). The amended rule addresses requirements
for nominating petitions and balloting. The amended section is adopted without
changes to the text of the proposed rule as published in the January 13, 2006,
issue of the
Texas Register
(31 TexReg 274).
The amendments to §23.5 changes the number of eligible members or
retirees who must sign and provide identifying information on nominating petitions
for the appointment of public school, higher education, and retiree positions
on the Board. The number of names required on a nominating petition changes
from 500 to 250 for the public school and higher education positions and from
100 to 250 for the retiree position.
In addition, the proposed amended rule also changes the identifying information
required to verify members' and retirees' names on nominating petitions. As
proposed, amended §23.5 no longer requires persons signing nominating
petitions to provide their full Social Security numbers. In lieu of a complete
Social Security number, members or retirees must provide the first five digits
of their current residential zip code and the last four digits of their Social
Security number. As was the case before amendment of the rule, they will still
have to sign the petition and provide their printed or typed name.
The amendments also set out the options of using a designated agent to
implement and to monitor the ballot process as well as using electronic balloting,
alternatives that are within TRS's rulemaking authority under §825.002,
Government Code. Under the amended rule, voters could request a printed ballot
for write-in candidates.
TRS received no public comments regarding the proposed amendments.
Statutory Authority: §825.002, Government Code, which requires
the Board to adopt rules for the administration of the process for determining
nominations for appointment to the Board, and §825.102, Government Code,
which authorizes the Board to adopt rules for the transaction of business
of the Board.
Cross-reference to Statute: §825.002, Government Code, concerning
nominations for appointment to 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 April 6, 2006.
TRD-200602041
Ronnie G. Jung
Executive Director
Teacher Retirement System of Texas
Effective date: April 26, 2006
Proposal publication date: January 13, 2006
For further information, please call: (512) 542-6438