1. (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.
2. (b) Public school district members of the system who are currently employed by a public school district 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 member's Social Security number of 250 members of the retirement system whose most recent credited service is or was performed for a public school district.
3. (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 retiree's Social Security number of 250 retirees of the system.
4. (d) Retirees or members of the system who are currently employed by either a public school district 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 signatory's Social Security number 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 or for a public school district.
5. (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.
6. (f) A qualified public school district member, institution of higher education member, or 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.
7. (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.

8. (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. (1) paper ballot;
   2. (2) telephone, including an automated telephone system;
   3. (3) electronic mail, an internet-enabled service or other application or other electronic means of transmission; or
   4. (4) a combination of paper ballot and one or more of the means authorized under this subsection.
9. (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 they determine appropriate.

10. (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. (1) that each nominee placed on the ballot for any public school district position vacancy is employed by a public school district and has submitted an official petition consistent with subsections (b) and (e) of this section;
    2. (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. (3) that each nominee placed on the ballot for any at-large position vacancy is employed by a public school district or 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.
11. (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 or 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.
12. (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.

13. (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. (1) Public school district appointment, Place One, August 31, 2013.
    2. (2) Gubernatorial appointment, Place One, August 31, 2013.
    3. (3) State Board of Education appointment, Place One, August 31, 2013.
    4. (4) Public School district appointment, Place Two, August 31, 2015.
    5. (5) Gubernatorial appointment, Place Two, August 31, 2015.
    6. (6) State Board of Education appointment, Place Two, August 31, 2015.
    7. (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. (8) Retiree appointment, August 31, 2017.
    9. (9) Gubernatorial appointment, Place Three, August 31, 2017.
    10. (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.