Section 23.5 - Nomination for Appointment to the Board of Trustees(a) The following words and terms, when used in this section, have the following meanings, unless context clearly indicates otherwise: (1) Retiree - a former member who has retired under Chapter 824, Government Code and is currently entitled to receive service retirement benefits or disability retirement benefits, disregarding any forfeiture of benefits under Government Code § 824.601.(2) Member - A TRS member whose membership has not terminated and who has not elected to participate in the Optional Retirement Program.(3) TRS - the Teacher Retirement System of Texas(4) Board of trustees - the Board of Trustees of TRS(b) During any calendar year in which the term of office expires for one of the four trustees of TRS for which an election is required, TRS will conduct the required election between March 15 and May 5 of that calendar year to select the nominees to be considered by the governor for appointment to the position. To be a nominee, an individual must first either qualify as a candidate in a nominee election in accordance with subsection (d) of this section or be elected as a nominee as a write-in candidate under subsection (k) of this section.(c) TRS may designate an agent to implement or monitor any procedure under this section.(d) An individual may qualify as a candidate on the ballot for a nominee election under this section if the individual meets the applicable nomination eligibility requirement under subsection (e) of this section and submits an official petition that meets the requirements of subsection (f) of this section. If more than one position is open during the same election period, an individual may be a candidate for only one of the positions.(e) To be eligible for nomination under this section, an individual must meet the following requirements: (1) To be a public school district nominee, the individual must be a member currently employed by a public school district, a charter school, or a regional education service center in a position eligible for TRS membership.(2) To be an at-large nominee, the individual must be either a retiree or a member currently employed by an institution of higher education, a public school district, a charter school, or a regional education service center, in a position eligible for TRS membership.(3) To be a retiree nominee, the individual must be a retiree.(f) Official petitions must be on a form prescribed by TRS and include the following: (1) the name and expiration date of the appointment sought;(2) the signature of 250 individuals who meet the requirements to vote in the election for the nomination sought by the candidate at the time the individual signed the petition;(3) the date each individual signed the petition;(4) the printed or typed name of each individual who signed the petition and the first five digits of each individual's current residential zip code; and(5) any additional information required to identify the individuals signing the petition.(g) An individual may sign more than one candidate's petition in any election in which the individual is eligible to vote. The signature of an individual shall not be counted on a petition for a candidate in an election in which the individual is ineligible to vote.(h) Official petition forms, as required under subsection (f) of this section, shall be available from the Teacher Retirement System of Texas, 1000 Red River Street, Austin, Texas 78701-2698. Official petitions must be received by TRS by January 25 of the calendar year in which the election is to be held. If January 25 is a Saturday, Sunday or legal holiday, the filing period is extended to include the next day that is not a Saturday, Sunday or legal holiday.(i) An individual may vote in any election under this section if the individual meets the following requirements at the time of voting: (1) For elections for public school district nominees, individuals must be members whose most recent credited service is or was performed for a public school district, a charter school, or a regional education service center.(2) For elections for retiree nominees, individuals must be retirees.(3) For elections for at-large nominees, individuals must be either a retiree or a member whose most recent credited service is or was performed for an institution of higher education, a public school district, a charter school, or a regional education service center.(j) Upon verification of petitions by TRS or its designated agent, the names of qualified candidates shall be represented on the ballot. Voting may be conducted by paper ballot or in another manner established by the board of trustees under subsection (l) of this section. Voting instructions shall be sent on or before March 15 of the year in which the election is held to the last known home address of each member or retiree or to an electronic mail address designated by the member or retiree. To be counted, a completed ballot must be received by TRS or its designated agent by May 5 of the year in which the election is held and in accordance with the provided voting instructions. If May 5 is a Saturday, Sunday or legal holiday, the voting period is extended to include the next day that is not a Saturday, Sunday or legal holiday. The executive director shall cause the votes to be counted. Names of the candidates for each position receiving the three highest number of votes shall be certified by the executive director as the nominees to be considered by the governor for appointment.(k) TRS or its designated agent shall provide the voter the means to vote for a candidate who is not represented on the ballot. A candidate not represented on the ballot must be eligible for the nomination under subsection (e) of this section and receive a minimum of 250 votes to be considered as one of the three candidates who received the highest number of votes.(l) The board of trustees may establish the manner by which TRS or its designated agent conducts the election, provided that the manner of voting is secure, effective, verifiable, and is conducted using: (2) telephone or other electronic means; or(3) a combination of paper ballot and one or more of the means authorized under this subsection.(m) When a vacancy in a public school district position, at-large position, or retiree position occurs for a reason other than the expiration of a term of office, the board of trustees may conduct an election at any time it determines appropriate.(n) In conducting an election under subsection (m) of this section, the board of trustees shall establish deadlines for filing petitions, the date of mailing ballots, the date for returning ballots, and any other necessary details related to the election process, and the executive director or a designee shall ensure that each candidate has met the requirements of subsection (d) of this section to qualify to be on the ballot for nomination.(o) Terms of board members run for six years and expire August 31. Terms expire on the following dates and every six years thereafter: (1) Public school district appointment, Place One, August 31, 2025.(2) Gubernatorial appointment, Place One, August 31, 2025 .(3) State Board of Education appointment, Place One, August 31, 2025.(4) Public School district appointment, Place Two, August 31, 2021.(5) Gubernatorial appointment, Place Two, August 31, 2021 .(6) State Board of Education appointment, Place Two, August 31, 2021.(7) At-large appointment, August 31, 2023.(8) Retiree appointment, August 31, 2023.(9) Gubernatorial appointment, Place Three, August 31, 2023 .34 Tex. Admin. Code § 23.5
The provisions of this §23.5 adopted to be effective June 30, 1977, 2 TexReg 2496; amended to be effective April 2, 1979, 4 TexReg 954; amended to be effective April 3, 1981, 6 TexReg 1001; amended to be effective December 1, 1989, 14 TexReg 4919; amended to be effective October 19, 1994, 19 TexReg 8040; amended to be effective June 6, 1999, 24 TexReg 4246; amended to be effective March 12, 2003, 28 TexReg 2091; amended to be effective April 26, 2006, 31 TexReg 3387; amended to be effective March 8, 2007, 32 TexReg 1078; amended to be effective January 17, 2011, 36 TexReg 145; amended to be effective January 5, 2012, 36 TexReg 9339; amended to be effective July 17, 2014, 39 TexReg 5429; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3136, eff. 5/12/2020