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AN ACT
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relating to a plan-to-plan transfer of certain assets from the  | 
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TexaSaver 457 plan administered by the Employees Retirement System  | 
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of Texas to a 457 plan created by an institution of higher  | 
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education. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  Subchapter C, Chapter 609, Government Code, is  | 
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amended by adding Section 609.515 to read as follows: | 
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       Sec. 609.515.  TRANSFER TO 457 PLAN OF INSTITUTION OF HIGHER  | 
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EDUCATION.  (a)  The board of trustees, as authorized by 26 C.F.R.  | 
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Section 1.457-10(b)(1) and (3), shall allow the transfer from its  | 
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TexaSaver 457 plan to the plan administrator of a 457 plan created  | 
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by an institution of higher education under Subchapter D of all  | 
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deferred amounts and investment income administered by the  | 
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TexaSaver 457 plan for employees of the institution of higher  | 
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education who are participating in or eligible to participate in  | 
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the institution's 457 plan at the time of the transfer. | 
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       (b)  The institution of higher education must make a request  | 
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to the board of trustees to begin a transfer under this section. | 
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       (c)  The board of trustees and the institution of higher  | 
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education requesting the transfer under this section shall  | 
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cooperate to ensure that the transfer is accomplished as  | 
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expeditiously as possible. | 
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       (d)  After the transfer: | 
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             (1)  the plan administrator for the 457 plan created by  | 
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an institution of higher education is responsible for all fiduciary  | 
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duties, plan administration duties, and other responsibilities  | 
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regarding the deferred amounts and investment income transferred;  | 
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and | 
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             (2)  the board of trustees is relieved of all fiduciary  | 
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duties, plan administration duties, and any other responsibility or  | 
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liability regarding the deferred amounts and investment income  | 
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transferred. | 
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       SECTION 2.  This Act takes effect immediately if it receives  | 
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a vote of two-thirds of all the members elected to each house, as  | 
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provided by Section 39, Article III, Texas Constitution.  If this  | 
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Act does not receive the vote necessary for immediate effect, this  | 
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Act takes effect September 1, 2007. | 
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______________________________ | 
______________________________ | 
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   President of the Senate | 
Speaker of the House      | 
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       I certify that H.B. No. 3322 was passed by the House on April  | 
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26, 2007, by the following vote:  Yeas 132, Nays 0, 1 present, not  | 
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voting. | 
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______________________________ | 
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Chief Clerk of the House    | 
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       I certify that H.B. No. 3322 was passed by the Senate on May  | 
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17, 2007, by the following vote:  Yeas 31, Nays 0. | 
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______________________________ | 
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Secretary of the Senate     | 
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APPROVED:  _____________________ | 
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                   Date           | 
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          _____________________ | 
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                 Governor        |