By: Brimer H.B. No. 147
73R1572 CAE-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an incentive program for public school teachers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 13, Education Code, is amended by adding
1-5 Subchapter H to read as follows:
1-6 SUBCHAPTER H. TEACHER INCENTIVE PROGRAM
1-7 Sec. 13.521. ESTABLISHMENT AND ADMINISTRATION OF TEACHER
1-8 INCENTIVE PROGRAM. (a) The State Board of Education shall develop
1-9 a teacher incentive program to reward eligible teachers on an
1-10 annual basis.
1-11 (b) Each school district shall use the teacher incentive
1-12 program developed by the board. The superintendent of each
1-13 district shall administer the district's teacher incentive program
1-14 with the advice of the district's teacher incentive committee under
1-15 Section 13.523 of this code.
1-16 Sec. 13.522. ELIGIBLE TEACHERS. (a) To be eligible to
1-17 receive a teacher incentive award, a teacher must:
1-18 (1) complete and file with the district superintendent
1-19 a teacher incentive award application on a form prescribed by the
1-20 State Board of Education;
1-21 (2) hold a teaching certificate;
1-22 (3) be employed as a full-time classroom teacher;
1-23 (4) have at least two years of teaching experience;
1-24 (5) have superior attendance, as defined by board
2-1 rule;
2-2 (6) have been evaluated on the teacher's most recent
2-3 appraisal as exceeding expectations or as clearly outstanding;
2-4 (7) demonstrate career self-improvement; and
2-5 (8) establish student achievement in the teacher's
2-6 classes in the prior school year that exceeds the normal growth of
2-7 student achievement.
2-8 (b) A district shall determine the relative weight of the
2-9 eligibility requirements under Subsection (a) of this section.
2-10 (c) A district may adopt stricter eligibility requirements
2-11 than the requirements under Subsection (a) of this section, subject
2-12 to the approval of the board. If a district adopts stricter
2-13 eligibility requirements, the district must adopt the requirements
2-14 not later than September 30 of the school year for which the
2-15 requirements are to apply. A district that has adopted stricter
2-16 eligibility requirements may rescind the adoption at any time.
2-17 Sec. 13.523. DISTRICT TEACHER INCENTIVE COMMITTEE. (a) The
2-18 superintendent of each school district shall appoint a district
2-19 teacher incentive committee.
2-20 (b) A majority of the members of the committee must be
2-21 teachers and principals.
2-22 (c) Members of the committee serve two-year staggered terms.
2-23 (d) Committee members serve without compensation but are
2-24 entitled to reimbursement for actual and necessary expenses
2-25 incurred in the performance of their duties.
2-26 (e) The committee shall advise the superintendent on all
2-27 matters relating to the administration of the teacher incentive
3-1 program, including the eligibility of teachers to receive teacher
3-2 incentive awards.
3-3 Sec. 13.524. PAYMENT OF AWARDS. (a) The superintendent
3-4 shall provide a teacher incentive award to each eligible teacher.
3-5 The amount of each award may not be less than $2,000 nor more than
3-6 $3,000.
3-7 (b) The superintendent may provide a recognition award,
3-8 including a certificate of appreciation, to each eligible teacher.
3-9 Sec. 13.525. ADOPTION AND DISTRIBUTION OF RULES. (a) The
3-10 State Board of Education shall adopt rules to administer this
3-11 subchapter.
3-12 (b) The board shall distribute to each school district
3-13 copies of all rules adopted under this subchapter.
3-14 Sec. 13.526. FUNDING. (a) The State Board of Education may
3-15 accept gifts and grants from any public or private source for the
3-16 teacher incentive program.
3-17 (b) Teacher incentive awards are payable from gifts, grants,
3-18 appropriations, or other funds available to the district for that
3-19 purpose.
3-20 (c) Funds appropriated by the legislature must be allocated
3-21 to each school district on the basis of the district's average
3-22 daily attendance.
3-23 (d) The district's administrative costs of a teacher
3-24 incentive program may not exceed 10 percent of the annual amount
3-25 spent for the program or $3,000, whichever is less.
3-26 SECTION 2. Section 822.201(b), Government Code, is amended
3-27 to read as follows:
4-1 (b) "Salary and wages" as used in Subsection (a) means:
4-2 (1) normal periodic payments of money for service the
4-3 right to which accrues on a regular basis in proportion to the
4-4 service performed;
4-5 (2) career ladder payments of money authorized by
4-6 Section 16.057, Education Code, and teacher incentive awards
4-7 authorized by Subchapter H, Chapter 13, Education Code;
4-8 (3) amounts by which the member's salary is reduced
4-9 under a salary reduction agreement authorized by Article 6252-3d,
4-10 Revised Statutes; and
4-11 (4) amounts that would otherwise qualify as salary and
4-12 wages under Subdivision (1) or (2) but are not received directly by
4-13 the member pursuant to a good faith, voluntary written salary
4-14 reduction agreement in order to finance payments to a deferred
4-15 compensation or tax sheltered annuity program specifically
4-16 authorized by state law or to finance benefit options under a
4-17 cafeteria plan qualifying under Section 125 of the Internal Revenue
4-18 Code of 1986 (26 U.S.C. Section 125), if:
4-19 (A) the program or benefit options are made
4-20 available to all employees of the employer; and
4-21 (B) the benefit options in the cafeteria plan
4-22 are limited to one or more options that provide deferred
4-23 compensation, group health and disability insurance, group term
4-24 life insurance, dependent care assistance programs, or group legal
4-25 services plans.
4-26 SECTION 3. Section 825.405(b), Government Code, is amended
4-27 to read as follows:
5-1 (b) For purposes of this section, the statutory minimum
5-2 salary is the salary provided by Section 16.056, Education Code,
5-3 multiplied by the cost of education adjustment applicable under
5-4 Section 16.102, Education Code, to the district in which the member
5-5 is employed, plus any:
5-6 (1) career ladder supplement under Section 16.057,
5-7 Education Code; and
5-8 (2) teacher incentive award under Subchapter H,
5-9 Chapter 13, Education Code.
5-10 SECTION 4. (a) Not later than January 1, 1994, the State
5-11 Board of Education shall adopt and distribute initial rules
5-12 required by Subchapter H, Chapter 13, Education Code, as added by
5-13 this Act.
5-14 (b) The superintendent of each school district shall make
5-15 teacher incentive awards to eligible teachers under this Act
5-16 beginning with the 1994-1995 school year.
5-17 SECTION 5. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.