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.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle H - Texas Emergency Services Retirement System
Section 865.001. Composition of State Board
Section 865.0011. Sunset Review
Section 865.002. Ineligibility of Certain Employees for State Board
Section 865.003. Compensation; Expenses
Section 865.0035. State Board Member Training
Section 865.005. Grounds for Removal of Trustees
Section 865.006. General Duties of State Board
Section 865.0061. Written Policy on Managing and Administering Contracts
Section 865.007. Administering System Assets
Section 865.008. Investment of Assets
Section 865.0095. Executive Director
Section 865.010. Executive Director's Duties
Section 865.011. Records and Reports
Section 865.0115. Participating Department Head
Section 865.0116. Participating Department Head's Duties
Section 865.0121. Delegation of Local Board Duties
Section 865.013. Monitoring of Contribution Submission
Section 865.014. Local Contributions
Section 865.015. State Contributions
Section 865.016. Administrative Penalty
Section 865.017. Interruption of Payments
Section 865.018. Certification of Fund
Section 865.019. Confidentiality of Information About Members, Retirees, and Beneficiaries