Part 3.
TEACHER RETIREMENT SYSTEM OF TEXAS
Chapter 23.
ADMINISTRATIVE PROCEDURES
34 TAC §23.7, §23.8
The Teacher Retirement System of Texas (TRS) adopts on an
emergency basis amendments to §23.7 concerning the Code of Ethics for
Consultants and Agents ("Code of Ethics") and to §23.8 concerning the
expenditure reporting by consultants, advisors and brokers doing or approved
to do business with TRS. The amendments are being adopted to comply with Senate
Bill 1059, 78th Legislature (2003), Regular Session, which requires TRS to
establish effective January 1, 2004 standards of conduct applicable to financial
advisors and service providers, as defined therein, and brokers. TRS has revised
the Code of Ethics and the Expenditure Reporting Memorandum and Form adopted
by reference in these two sections to include provisions applicable to the
conduct of brokers and financial providers. TRS is also proposing these amendments
for public comment in this issue of the
Texas Register
.
The amendments to §23.7 reflect the amended title and new effective
date of the revised Code of Ethics being adopted by reference. The amendments
to §23.8 change the date on which the expenditure reporting forms must
be filed from January 31st to April 15th each year and in addition, reflect
the new effective date of the Expenditure Reporting Form and Expenditure Reporting
Memorandum being adopted by reference. The amendments are adopted on an emergency
basis pursuant to §2001.034 of the Government Code, which allows a state
agency to adopt an emergency rule if a requirement of state or federal law
requires adoption of the rule on less than 30 days notice.
Section 4 of Senate Bill 1059 requires TRS to establish standards of conduct
for financial advisors and service providers and brokers effective January
1, 2004. TRS finds that this requirement of state law requires the adoption
of the amended rules on fewer than 30 days notice.
The amended sections are also adopted on an emergency basis under
Government Code, §2263.004, which requires the Board of Trustees of the
Teacher Retirement System to adopt by rule standards of conduct and disclosure
requirements for outside financial advisors and service providers, including
consultants, agents, financial providers, and brokers who do or are approved
to do business with TRS. The amendments are also adopted under Government
Code, Chapter 825, §825.102, which authorizes the Board of Trustees of
the Teacher Retirement System to adopt rules for, among other things, the
transaction of business of the board, and under Government Code, Chapter 825, §825.212,
which requires TRS by rule to adopt standards of conduct applicable to TRS
consultants and advisors and to require TRS consultants, advisors, and brokers
to report certain expenditures made on behalf of a TRS trustee or employee.
As previously stated, the amended rules are also adopted under Government
Code §2001.034.
Government Code, Chapters 552 and 2263; and §825.212 are affected
by the adoption.
§23.7.Code of Ethics for Consultants , [
Any
Consultant, Agent, or Financial Provider doing business with
[
§23.8.Expenditure Reporting by Consultants, Agents, Financial Providers [
Consultants,
Agents, and Financial Providers doing business with
[
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on December 22, 2003.
TRD-200308871
Ronnie Jung
Interim Executive Director
Teacher Retirement System of Texas
Effective Date: January 1, 2004
Expiration Date: April 29, 2004
For further information, please call: (512) 542-6115
Subchapter A. RETIREE HEALTH CARE BENEFITS (TRS-CARE)
34 TAC §41.6
The Teacher Retirement System of Texas is renewing the effectiveness
of the emergency adoption of new §41.6 for a 60-day period. The text
of new §41.6 was originally published in the August 29, 2003, issue of
the
Texas Register
(28 TexReg 7043).
Filed with the Office of
the Secretary of State on December 23, 2003.
TRD-200308880
Ronnie Jung
Interim Executive Director
Teacher Retirement System of Texas
Effective date: December 31, 2003
Expiration date: February 28, 2004
For further information, please call: (512) 542-6115
and ] Agents , Financial Providers and Brokers .
consultant or agent for
] the Teacher Retirement System of
Texas (TRS)
, or Broker approved to do business with TRS,
must comply
with
TRS's
[
its
] Code of Ethics for Consultants
,
[
and
] Agents
, Financial Providers and Brokers (the
"Code of Ethics")
as amended from time to time. TRS adopts by reference
the Code of Ethics [
for Consultants and Agents
] most recently amended
to be effective January 1, 2004
[
on September 27, 2002
].
Capitalized words appearing in this section have the same meaning assigned
to them in the Code of Ethics.
Copies of the Code of Ethics are available
from TRS at 1000 Red River Street, Austin, Texas 78701-2698, (512) 542-6400.
Advisors, ] and Brokers.
advisors and brokers used by
] the Teacher Retirement System
of Texas (TRS)
, and Brokers approved to do business with TRS,
must
report expenditures made on behalf of any one trustee or employee of TRS.
The reports must be filed
no later than April 15
[
on January
31
] of each year with the Executive Director and must comply with the
Expenditure Reporting Memorandum as amended from time to time. TRS adopts
by reference the Expenditure Reporting Memorandum and the Expenditure Reporting
Form for Contractors as most recently amended
to be effective January
1, 2004
[
on September 27, 2002
].
Capitalized words appearing
in this section have the same meaning assigned to them in the Code of Ethics
for Consultants, Agents, Financial Providers and Brokers, as amended from
time to time.
Copies of the memorandum and the form are available from
TRS at 1000 Red River Street, Austin, Texas 78701-2698, (512) 542-6400.
Chapter 41.
HEALTH CARE AND INSURANCE PROGRAMS
Subchapter C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)