2005 Texas Government Code CHAPTER 830. OPTIONAL RETIREMENT PROGRAM

GOVERNMENT CODE

CHAPTER 830. OPTIONAL RETIREMENT PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS


	§ 830.001. PURPOSE OF CHAPTER.  The purpose of this 
chapter is to establish a complete retirement program for faculty 
members employed in state-supported institutions of higher 
education as an incentive that will attract high quality faculties 
and thereby improve the level of education at state-supported 
colleges and universities.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.001 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.


	§ 830.0011. DEFINITION.  Notwithstanding Section 
821.001, in this chapter "retirement system" means the Teacher 
Retirement System of Texas or the Employees Retirement System of 
Texas, as the context requires.

Added by Acts 1995, 74th Leg., ch. 586, § 33, eff. Aug. 28. 1995.          


	§ 830.002. OPTIONAL RETIREMENT PROGRAM.  (a) The optional 
retirement program established as provided by this subtitle shall 
provide for contributions to any type of investment authorized by 
Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. 
Section 403), as it existed on January 1, 1981, and for the purchase 
of fixed or variable retirement annuities that meet the 
requirements of that section and Section 401(g) of the Internal 
Revenue Code of 1986 (26 U.S.C. Section 401).
	(b)  Participation in the optional retirement program is an 
alternative to active membership in the retirement system.
	(c)  The Texas Higher Education Coordinating Board shall 
develop policies, practices, and procedures as necessary in 
accordance with applicable statutes to provide greater uniformity 
in the administration of the retirement annuity insurance program 
available to employees of Texas state colleges and universities 
through the optional retirement program.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., 1st C.S., p. 207, ch. 18, § 35, 
eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 
110B, § 36.002 and amended by Acts 1989, 71st Leg., ch. 179, § 
1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 242, 
§ 11.117, eff. Sept. 1, 1991.


	§ 830.003. APPLICATION.  In this chapter, the term 
"institution of higher education" includes the Texas Higher 
Education Coordinating Board, the Texas State Technical College 
System, and the institutions defined in Section 821.001(10), but 
excludes the Rodent and Predatory Animal Control Service.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.003 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.  Amended by Acts 1991, 72nd Leg., ch. 287, § 31, eff. Sept. 
1, 1991.


	§ 830.004. ADMINISTRATION.  (a) A governing board may 
provide for contributions to any type of investment authorized by 
Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. 
Section 403), as it existed on January 1, 1981, and may arrange the 
purchase of annuity contracts from any insurance or annuity company 
that is qualified to do business in this state.
	(b)  If a governing board has more than one component 
institution, agency, or unit under its jurisdiction, the governing 
board may provide a separate optional retirement program for each 
component or may place two or more components under a single 
program.
	(c)  An institution of higher education may establish a 
governmental excess benefit arrangement as provided by Section 
415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 
415(m)) for the purpose of providing to participants in the 
optional retirement program any portion of a participant's benefits 
that would otherwise be payable under the terms of the program 
except for the limitation on benefits imposed by Section 415 of the 
Internal Revenue Code of 1986 (26 U.S.C. Section 415).  The 
governing board of an institution of higher education may take any 
action necessary to establish and implement a governmental excess 
benefit arrangement authorized in accordance with this subsection.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, § 36, 
eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 
110B, § 36.004 and amended by Acts 1989, 71st Leg., ch. 179, § 
1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 697, 
§ 1, eff. June 17, 1997.


	§ 830.005. EXEMPTION FROM TAXES.  If qualified to do 
business in this state, a life insurance or annuity company is 
exempt from the payment of franchise or premium taxes on annuity or 
group insurance policies issued under a benefit program authorized 
and at least partly paid for by the governing board of an 
institution of higher education or the Texas Education Agency.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.005 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 391, § 73, eff. July 1, 1991;  Acts 
1997, 75th Leg., ch. 165, § 6.24, eff. Sept. 1, 1997.


	§ 830.006. REPORTS FROM INSTITUTIONS.  (a) The governing 
board of each institution of higher education, other than the Texas 
Higher Education Coordinating Board, shall annually submit a report 
to the coordinating board that includes information concerning the 
number of participants and eligible positions and the amount of 
contributions.
	(b)  The governing board of each institution required to file 
a report under Subsection (a) shall keep records, make 
certifications, and furnish to the Texas Higher Education 
Coordinating Board information and reports as required by the 
coordinating board to enable it to carry out its functions under 
this subtitle.
	(c)  The Texas Higher Education Coordinating Board shall 
prepare the report required by Subsection (a) and shall maintain 
the information required by Subsection (b) with respect to its own 
employees.

Added by Acts 1991, 72nd Leg., ch. 242, § 11.118, eff. Sept. 1, 
1991.    

SUBCHAPTER B. PARTICIPATION


	§ 830.101. ELIGIBILITY TO PARTICIPATE.  (a) The governing 
board of each institution of higher education shall provide an 
opportunity to participate in the optional retirement program to 
all faculty members in the component institutions governed by the 
board. The State Board of Education shall provide an opportunity to 
participate in the optional retirement program to the commissioner 
of education.
	(b)  Eligibility to participate in the optional retirement 
program is subject to rules adopted by the Texas Higher Education 
Coordinating Board.
	(c)  A person who before September 1, 1987, had chosen to 
participate in the optional retirement program and who was 
participating in the program on September 1, 1987, is entitled to 
continue to participate in the program until the person terminates 
participation as provided by Section 830.105(a).

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 58, § 2, eff. Oct. 
20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 
36.101 and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. 
Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, § 74, 
eff. July 1, 1991.


	§ 830.102. OPTION TO PARTICIPATE.  (a) A member of the 
retirement system who is eligible to participate in the optional 
retirement program may elect to continue as a member of the 
retirement system or to participate in the optional retirement 
program.
	(b)  A person eligible to participate in the optional 
retirement program on the date the program becomes available at the 
person's place of employment must elect to participate in the 
program no later than August 1 of the calendar year after the year 
in which the program becomes available.
	(c)  A person who becomes eligible to participate in the 
optional retirement program after the date the program becomes 
available at the person's place of employment must elect to 
participate before the 91st day after becoming eligible.
	(d)  An eligible person who does not elect to participate in 
the optional retirement program is considered to have chosen to 
continue membership in the retirement system.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.102 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.


	§ 830.103. EFFECT OF TRANSFERS AND CHANGES IN EMPLOYMENT 
STATUS.  (a) An institution of higher education shall accept the 
transfer of a participant's optional retirement program from 
another institution of higher education or from the Texas Education 
Agency.  The Texas Education Agency shall accept the transfer of a 
participant's optional retirement program from an institution of 
higher education if the participant becomes commissioner of 
education.
	(b)  If, after participating in the optional retirement 
program for at least one year, a person becomes employed in an 
institution of higher education in a position normally covered by 
the retirement system, the person shall continue participation in 
the optional retirement program if the person has had no 
intervening employment in the public schools other than as 
commissioner of education or a position in an institution of higher 
education.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.103 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 391, § 75, eff. July 1, 1991;  Acts 
1997, 75th Leg., ch. 165, § 6.25, eff. Sept. 1, 1997.


	§ 830.104. WITHDRAWAL OF CONTRIBUTIONS TO THE RETIREMENT 
SYSTEM.  (a) A person who is a participant in the optional 
retirement program may withdraw accumulated contributions from the 
retirement system.
	(b)  An application to withdraw contributions under this 
section must be in writing and on a form prescribed by the board of 
trustees.
	(c)  Before the first anniversary of the date an application 
is received, the retirement system shall pay a withdrawing member 
the member's accumulated contributions.
	(d)  A person who withdraws contributions under this section 
relinquishes all accrued rights in the retirement system.
	(e)  Nothing in Section 830.105 precludes the election by a 
participant to withdraw accumulated contributions under this 
section.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.104 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.


	§ 830.105. TERMINATION OF PARTICIPATION.  (a) A person 
terminates participation in the optional retirement program, 
without losing any accrued benefits, by:
		(1)  death;                                                                   
		(2)  retirement;  or                                                          
		(3)  termination of employment in all institutions of 
higher education.     
	(b)  A change of company providing optional retirement 
program benefits or a participant's transfer between institutions 
of higher education is not a termination of employment.
	(c)  The benefits of an annuity purchased under the optional 
retirement program are available only if the participant obtains 
the age of 70-1/2 years or terminates participation in the program 
as provided by Subsection (a).

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, § 37, 
eff. Nov. 10, 1981;  Acts 1987, 70th Leg., ch. 173, § 1, eff. Aug. 
31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 
36.105 and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. 
Sept. 1, 1989.


	§ 830.106. ELIGIBILITY FOR RESUMPTION OF MEMBERSHIP.  A 
participant in the optional retirement program is not eligible for 
membership in the retirement system unless the person:
		(1)  terminates employment covered by the optional 
retirement program;  and 
		(2)  becomes employed in the public school system or 
with a state agency in a position that is not eligible for 
participation in the optional retirement program.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.106 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1995, 74th Leg., ch. 586, § 34, eff. Aug. 28, 1995.


	§ 830.107. INVESTMENT ADVISORY FEES.  (a) A participant 
in the optional retirement program may authorize the payment of 
investment advisory fees from the amount in the participant's 
custodial account or annuity if:
		(1)  the investment advisory fees for each fiscal year 
do not exceed two percent of the annual value of the participant's 
custodial account or annuity as of the last day of that fiscal year;
		(2)  the fees are paid directly to a registered 
investment advisor that provides investment advice to the 
participant;
		(3)  the investment advisor to whom the fees are paid is 
registered with the Securities and Exchange Commission under the 
Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) 
and is engaged full-time in the business of providing investment 
advice;
		(4)  the participant and the investment advisor enter 
into a contract, for a term of no more than one year, for services 
that provides for the payment of fees as provided by this section;  
and
		(5)  the attorney general has received an official 
determination from the Internal Revenue Service that payment of 
investment advisory fees as prescribed by this section is not a 
distribution of funds that is prohibited or subject to taxation and 
penalty under the Internal Revenue Code.
	(b)  The attorney general shall request an official 
determination from the Internal Revenue Service concerning whether 
the payment of investment advisory fees as prescribed by this 
section is a distribution of funds that is prohibited or subject to 
taxation and penalty under the Internal Revenue Code.  If the 
attorney general receives an official determination from the 
Internal Revenue Service as specified by this subsection, the 
attorney general shall file the official determination with the 
secretary of state's office for publication in the Texas Register.

Added by Acts 1991, 72nd Leg., ch. 16, § 11.07(a), eff. Aug. 26, 
1991.   

SUBCHAPTER C. CONTRIBUTIONS AND BENEFITS


	§ 830.201. CONTRIBUTIONS.  (a) Each fiscal year the state 
shall contribute to the optional retirement program an amount equal 
to 8-1/2 percent of the aggregate annual compensation of all 
participants in the program during that year.  A participant in the 
optional retirement program shall contribute to the program 6.65 
percent of the person's annual compensation.
	(b)  Contributions required by this section shall be 
credited to the benefit of the participant.
	(c)  In this section, "annual compensation" has the meaning 
assigned to that term by Section 821.001(4).
	(d)  For a person who first became a participant in the 
optional retirement program beginning after August 31, 1996, the 
compensation limitation of Section 401(a)(17), Internal Revenue 
Code of 1986 (26 U.S.C. Section 401), applies.
	(e)  For a person who first became a participant in the 
optional retirement program before September 1, 1996, the 
compensation limitation under Section 401(a)(17), Internal Revenue 
Code (26 U.S.C. Section 401), does not apply.  For these persons, 
the amount of compensation allowed to be taken into account under 
the plan shall be the amount allowed to be taken into account as of 
July 1, 1993.
	(f)  Subsection (e) of this section does not apply to a 
person whose compensation in excess of the compensation limitation 
of Section 401(a)(17), Internal Revenue Code (26 U.S.C. Section 
401), or whose state retirement contribution under this subchapter, 
is paid from general revenue funds or any student tuition or fee 
assessed under Chapters 54 or 55, Education Code.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1985, 69th Leg., ch. 228, § 5, eff. Sept. 1, 
1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.201 
and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.  Amended by Acts 1995, 74th Leg., ch. 736, § 2, eff. June 
15, 1995.


	§ 830.2015. SUPPLEMENTAL CONTRIBUTIONS FROM INSTITUTIONS 
OF HIGHER EDUCATION.  (a) Each fiscal year, the governing board of 
an institution of higher education may make a contribution to the 
optional retirement program as provided by this section.  The 
governing board may use any source of funds for the contribution.
	(b)  A contribution under this section may be any amount that 
is equal to or less than the difference between the amount the state 
is required to contribute under Section 830.201 to the benefit of 
each participant employed by the institution of higher education 
and the amount the state appropriates for that purpose.
	(c)  The governing board of an institution of higher 
education may contribute an amount under this section to the 
benefit of a participant employed by an institution of higher 
education on or before August 31, 1995, that is different from the 
amount the governing board contributes to the benefit of a 
participant employed by an institution of higher education after 
that date.

Added by Acts 2003, 78th Leg., ch. 418, § 1, eff. June 20, 2003.           


	§ 830.202. COLLECTION AND DISBURSEMENT OF 
CONTRIBUTIONS.  (a) The contributions of participants in the 
optional retirement program shall be made by salary reduction 
pursuant to an agreement made under Section 830.204.
	(b)  The comptroller of public accounts shall pay the state's 
contributions to the optional retirement program to the appropriate 
institutions of higher education and, if applicable, to the Texas 
Education Agency.
	(c)  The disbursing officer of an institution of higher 
education and, if applicable, of the Texas Education Agency shall 
pay the contributions collected under this section to a company 
providing an optional retirement program for that institution not 
later than the third business day after the date the funds become 
legally available.  If possible, the disbursing officer shall send 
the state's contributions and the participants' contributions 
together, and otherwise shall send the participants' contributions 
at the time of withholding and the state's contributions on receipt 
from the comptroller.  This subsection does not apply to a 
supplemental payroll.  This subsection applies only to a currently 
authorized company or a company with at least 50 participants at the 
institution.
	(d)  An institution of higher education and, if applicable, 
the Texas Education Agency shall certify to the comptroller, in the 
manner provided for estimate of state contributions to the 
retirement system, estimates of funds required for the payments by 
the state under this section.
	(e)  The disbursing officer of an institution of higher 
education and, if applicable, of the Texas Education Agency, shall:
		(1)  send contributions to a company providing an 
optional retirement program for the institution by electronic 
transfer if the institution is currently able to send funds by 
electronic transfer;  or
		(2)  certify to the Texas Higher Education Coordinating 
Board that the company is unable to receive funds by electronic 
transfer and send contributions by paper check.
	(f)  The company shall allocate and credit the 
contemporaneous deposit to each participant's account on the 
receipt of the electronic funds transfer and the electronic 
information on the amount to be allocated and credited to each 
participant's account.  A company who violates this section shall 
become ineligible for certification as a company eligible to 
provide an optional retirement program.
	(g)  At least once each fiscal year, an institution of higher 
education and the Texas Education Agency shall give notice to each 
participant in the optional retirement program at the institution 
or agency indicating which companies are unable to receive funds by 
electronic transfer.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1987, 70th Leg., ch. 173, § 2, eff. Aug. 31, 
1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.202 
and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.  Amended by Acts 1991, 72nd Leg., ch. 391, § 76, eff. July 
1, 1991;  Acts 1997, 75th Leg., ch. 165, § 6.26, eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1359, § 1, eff. Sept. 1, 1997.


	§ 830.203. COLLECTION OF CONTRIBUTIONS FROM 
NONEDUCATIONAL AND GENERAL FUNDS.  (a) In this section:
		(1)  "General academic teaching institution" has the 
meaning assigned by Section 61.003, Education Code.
		(2)  "Medical and dental unit" has the meaning assigned 
by Section 61.003, Education Code.
		(3)  "Noneducational and general funds" means all funds 
of an institution of higher education except those funds used as a 
method of financing for an institutional appropriation in the 
General Appropriations Act or dedicated by the Constitution of the 
State of Texas.
	(b)  The governing board of each general academic teaching 
institution and the governing board of each medical and dental unit 
shall reimburse the state, from noneducational and general funds of 
the institution or unit, for state contributions that are made 
based on any portion of an optional retirement program 
participant's salary that is paid from the noneducational and 
general funds.
	(c)  The designated disbursing officer of each general 
academic teaching institution and the designated disbursing 
officer of each medical and dental unit shall submit to the 
retirement system, at a time and in the manner prescribed by the 
retirement system, a monthly report containing:
		(1)  the name of each optional retirement program 
participant employed by the institution or unit who, for the most 
recent payroll period, was paid wholly or partly from 
noneducational and general funds;
		(2)  the amount of the employee's salary for the most 
recent payroll period that was paid from noneducational and general 
funds;
		(3)  a certification of the total amount of employer 
contributions due under this section for the payroll period;  and
		(4)  any other information the retirement system 
determines is necessary to administer this section.
	(d)  A monthly report required under Subsection (c) shall be 
accompanied by payment of the amount certified under Subdivision 
(3) of that subsection.
	(e)  After the end of each fiscal year, the retirement system 
shall report to the comptroller of public accounts and the State 
Auditor the name of any general academic teaching institution and 
any medical and dental unit delinquent in the reimbursement of 
contributions under this section for the preceding fiscal year and 
the amount by which each reported institution or unit is 
delinquent.
	(f)  Any portion of the reimbursement required under this 
section to be made for a fiscal year by a general academic teaching 
institution or a medical and dental unit that remains unpaid on the 
first day of the next fiscal year accrues interest, beginning on 
that day or the due date for the portion, whichever is later, at an 
annual rate, compounded monthly, equal to the rate established 
under Section 825.313(b)(1), plus two percent.
	(g)  The retirement system shall submit all money it receives 
under this section to the comptroller of public accounts for 
deposit in the general revenue fund.

Added by Acts 1985, 69th Leg., ch. 99, § 2, eff. Sept. 1, 1985.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.2021 and 
amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 
1989.  Amended by Acts 1999, 76th Leg., ch. 1118, § 11, eff. 
Sept. 1, 1999.


	§ 830.204. SALARY REDUCTION AGREEMENT.  (a) A participant 
in the optional retirement program and either the employing 
institution of higher education or, as applicable, the Texas 
Education Agency, acting through its governing board, shall execute 
an agreement under which the salary of the participant is reduced by 
the amount of the contribution required under Section 830.201 and 
under which the employer or agency contributes an amount equal to 
the reduction for any type of investment authorized in Section 
403(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 403) 
or toward the purchase of an annuity under the program.
	(b)  An agreement under this section is irrevocable until the 
earlier of the time:
		(1)  the participant ceases participation in the 
optional retirement program;  or
		(2)  it is determined by the Internal Revenue Service 
or by legislative enactment that the contributions of participants 
to the optional retirement program are elective deferrals within 
the meaning of Section 402 of the Internal Revenue Code of 1986 (26 
U.S.C. Section 402).

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, § 38, 
eff. Nov. 10, 1981;  Acts 1987, 70th Leg., ch. 173, § 3, eff. Aug. 
31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, § 
36.203 and amended by Acts 1989, 71st Leg., ch. 179, § 1, eff. 
Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, § 77, 
eff. July 1, 1991;  Acts 1997, 75th Leg., ch. 165, § 6.27, eff. 
Sept. 1, 1997.


	§ 830.205. BENEFITS.  Benefits in the optional retirement 
program vest in a participant after one year of participation in one 
or more optional retirement plans operating under this chapter.

Acts 1981, 67th Leg., p. 1876, ch. 453, § 1, eff. Sept. 1, 1981.  
Renumbered from Vernon's Ann.Civ.St. Title 110B, § 36.204 by 
Acts 1989, 71st Leg., ch. 179, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 391, § 78, eff. July 1, 1991.