After reviewing a range of cases about term limits, the Fifth Court applied them to a trust-governance issue in Employees’ Retirement Fund v. City of Dallas, holding:

“The imposition of term limits for elected Fund board members added a substantive qualification for office that rendered a class of potential candidates ineligible and effected a fundamental change to the Trust Document, which must follow the amendment process set out in the Trust Document itself. The City did not follow the amendment process set out in section 40A-35 of the City Code. Rather, in enacting section 8-1.5(a-1), the City attempted to accomplish indirectly what it was prohibited from doing directly. Accordingly, we sustain the Fund’s first and third issues.”

No. 05-20-00494-CV (Oct. 29, 2021) (emphasis added).


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