(a) During any calendar year in which the term of office
expires for one of the four trustees of the Teacher Retirement System
of Texas (TRS or system) 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.
(b) Members of the system who are currently employed
by a public school district, a charter school, or a regional education
service center may have their names listed on the official ballot
as candidates for nomination to a public school district position
by filing an official petition bearing the signature, printed or typed
name, first five digits of the member's current residential zip code,
and last four digits of the Social Security numbers of 250 members
of the retirement system whose most recent credited service is or
was performed for a public school district, a charter school, or a
regional education service center.
(c) Retirees may have their names listed on the official
ballot as candidates for nomination to the retiree position by filing
an official petition bearing the signature, printed or typed name,
first five digits of the retiree's current residential zip code, and
last four digits of the Social Security numbers of 250 retirees of
the system.
(d) Retirees or members of the system who are currently
employed by either a public school district, a charter school, a regional
education service center, or an institution of higher education may
have their names listed on the official ballot as candidates for nomination
to the at-large position by filing an official petition bearing the
signature, printed or typed name, first five digits of the signatory's
current residential zip code, and last four digits of the Social Security
numbers of 250 signatories who are retirees or who are members of
the system 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.
(e) Official petition forms, as required under subsections
(b), (c), and (d) 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 the system by January 20 of
the calendar year in which the election is to be held. If January
20 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.

(f) A qualified member who is employed by a public
school district, a charter school, a regional education service center,
or an institution of higher education or who is a retiree may sign
more than one candidate's petition in any election in which the member
or retiree, respectively, is eligible to vote. The signature of a
member or retiree shall not be counted on a petition for a candidate
in an election in which the member or retiree is ineligible to vote.
(g) Upon verification of petitions by the system or
its designated agent, the names of qualified candidates shall be represented
on the ballot. The system may designate an agent to implement and
to monitor the voting process. Voting may be conducted by paper ballot
or in another manner established by the board of trustees under subsection
(h) of this section, including by telephone or other electronic means.
Upon request by a qualified voter, the system or its designated agent
shall provide the voter the means to vote for a candidate who is not
represented on the ballot, and such means shall be in a manner consistent
with the method by which the election is conducted. 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 active member or retiree
or to an electronic mail address designated by the active member or
retiree. To be counted, a completed ballot must be received by the
system 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
to the governor.
(h) The board of trustees may establish the manner
by which the system or its designated agent conducts the election,
provided that the manner of voting is secure, effective, verifiable,
and is conducted using:
  (1) paper ballot;
  (2) telephone, including an automated telephone system;
  (3) electronic mail, an internet-enabled service or
other application or other electronic means of transmission; or
  (4) a combination of paper ballot and one or more of
the means authorized under this subsection.
(i) 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.
(j) In conducting an election under subsection (i)
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:
  (1) that each nominee placed on the ballot for any
public school district position vacancy is employed by a public school
district, a charter school, or a regional education service center
and has submitted an official petition consistent with subsections
(b) and (e) of this section;
  (2) that each nominee placed on the ballot for any
retiree position vacancy is a retiree of the system and has submitted
an official petition consistent with subsections (c) and (e) of this
section; and
  (3) that each nominee placed on the ballot for any
at-large position vacancy is employed by a public school district,
a charter school, a regional education service center, or an institution
of higher education or is a retiree of the system, and has submitted
an official petition consistent with subsections (d) and (e) of this
section.
(k) Beginning on September 1, 2011 the higher education
trustee position has been expanded and is referred to as the at-large
position. If a vacancy in the institution of higher education trustee
position appointed by the governor on August 30, 2011 occurs for a
reason other than the expiration of the term of office, the board
of trustees shall conduct an election in the same manner it would
to fill any other vacancy. The executive director or a designee shall
ensure each nominee placed on the ballot is a retiree or is employed
by a public school district, a charter school, a regional education
service center, or an institution of higher-education and that each
nominee has submitted an official petition consistent with subsections
(d) and (e) of this section. This subsection expires August 31, 2017
or upon the appointment of an at-large trustee, whichever occurs earlier.

(l) When more than one position on the board of trustees
is being contested during the same election period, each candidate
shall specify on his or her official petition which position he or
she is seeking by indicating the name and expiration date of the office
sought. Petitions that fail to specify the position sought shall be
returned to the candidates for completion if time permits. Failure
to designate a specific position by the deadline shall disqualify
the candidate. When more than one position is contested during the
same election period, a person may be a candidate for only one of
the positions.
(m) 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, 2013.
  (2) Gubernatorial appointment, Place One, August 31,
2013.
  (3) State Board of Education appointment, Place One,
August 31, 2013.
  (4) Public School district appointment, Place Two,
August 31, 2015.
  (5) Gubernatorial appointment, Place Two, August 31,
2015.
  (6) State Board of Education appointment, Place Two,
August 31, 2015.
  (7) At-large appointment, formerly the Higher Education
appointment, August 31, 2023. If there is a vacancy in the Higher
Education appointment prior to August 31, 2017, then the remainder
of the term that expires August 31, 2017 will be filled with an at-large
appointment.
  (8) Retiree appointment, August 31, 2017.
  (9) Gubernatorial appointment, Place Three, August
31, 2017.
  (10) Higher education appointment, August 31, 2017.
This paragraph expires August 31, 2017 or upon the appointment of
an at-large trustee, whichever occurs earlier.


Source Note: 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 beeffective July 17, 2014, 39 TexReg 5429