By: Delisi H.B. No. 731
73R2924 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of lottery revenue to pay certain public school
1-3 teachers additional compensation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 13, Education Code, is amended by adding
1-6 Subchapter H to read as follows:
1-7 SUBCHAPTER H. VOLUNTARY TEACHER DEVELOPMENT PROGRAMS
1-8 Sec. 13.551. DISTRICT PARTICIPATION IN TEACHER DEVELOPMENT
1-9 PROGRAM. (a) An accredited school district may conduct a
1-10 voluntary teacher development program and receive money from the
1-11 teacher development fund as provided by this subchapter.
1-12 (b) To be eligible to receive money from the teacher
1-13 development fund, a school district must apply to the Central
1-14 Education Agency not later than August 1 of each odd-numbered year.
1-15 The application must state:
1-16 (1) the projected cost of the district's voluntary
1-17 teacher development program for the next state fiscal biennium; and
1-18 (2) the number of teachers in the district
1-19 participating in the program.
1-20 (c) A school district may not conduct a program under this
1-21 subchapter during regular hours of required teacher service but may
1-22 conduct the program after regular hours, on weekends, or during the
1-23 summer.
1-24 (d) A program under this subchapter is in addition to staff
2-1 development required by Section 16.052 of this code.
2-2 Sec. 13.552. TEACHER PARTICIPATION IN TEACHER DEVELOPMENT
2-3 PROGRAM. (a) To be eligible to participate in a voluntary teacher
2-4 development program under this subchapter and to receive a teacher
2-5 development stipend, a teacher must enter into a written contract
2-6 with the school district employing the teacher. A contract must be
2-7 for two years and is in addition to an employment contract under
2-8 Subchapter C of this chapter.
2-9 (b) An eligible teacher is entitled to the stipend provided
2-10 by Section 13.554 of this code for each day of teacher development
2-11 in which the teacher participates.
2-12 Sec. 13.553. TEACHER DEVELOPMENT FUND. (a) The teacher
2-13 development fund is in the state treasury.
2-14 (b) The fund consists of net revenue from the operation of
2-15 the state lottery as provided by Section 5.02, State Lottery Act
2-16 (Article 179g, Vernon's Texas Civil Statutes).
2-17 (c) Money in the fund may be used only to pay a school
2-18 district for a teacher development stipend earned by an eligible
2-19 teacher. A school district may not use money received from the
2-20 fund to pay any portion of:
2-21 (1) a teacher's salary;
2-22 (2) a contribution to the Teacher Retirement System of
2-23 Texas under Chapter 825, Government Code; or
2-24 (3) a teacher's insurance or other benefit.
2-25 Sec. 13.554. TEACHER DEVELOPMENT STIPEND. (a) Not later
2-26 than September 15 of each odd-numbered year, the Central Education
2-27 Agency shall set the amount of the daily stipend for participation
3-1 in a voluntary teacher development program under this subchapter
3-2 for the current state fiscal biennium. The amount is based on:
3-3 (1) the balance in the teacher development fund on
3-4 September 1 of that year; and
3-5 (2) as shown by the applications received under
3-6 Section 13.551 of this code:
3-7 (A) the number of days of teacher development
3-8 planned by each participating school district; and
3-9 (B) the number of participating teachers.
3-10 (b) The commissioner of education, as provided by rules
3-11 adopted by the State Board of Education, shall approve warrants for
3-12 payment to school districts for teacher development stipends.
3-13 Sec. 13.555. REPORT TO LEGISLATURE. Not later than November
3-14 1 of each even-numbered year, the Central Education Agency shall
3-15 report to the legislature on the cost of voluntary teacher
3-16 development programs under this subchapter and the number of
3-17 participants. The report must list each participating school
3-18 district individually.
3-19 SECTION 2. Section 5.02(b), State Lottery Act (Article 179g,
3-20 Vernon's Texas Civil Statutes), is amended to read as follows:
3-21 (b) Money in the state lottery account shall be used only
3-22 for the following purposes and shall be distributed as follows:
3-23 (1) the payment of prizes to the holders of winning
3-24 tickets;
3-25 (2) the payment of costs incurred in the operation and
3-26 administration of the lottery, including any fees received by a
3-27 lottery operator, provided that the costs incurred in a fiscal
4-1 biennium may not exceed an amount equal to 15 percent of the gross
4-2 revenue accruing from the sale of tickets in that biennium; and
4-3 (3) <the transfer of amounts to the state lottery
4-4 stabilization fund as provided by Subsections (c), (d), and (e) of
4-5 this section; and>
4-6 <(4)> the balance, after creation of a reserve
4-7 sufficient to pay the amounts provided by Subdivisions (1) and (2)
4-8 of this subsection, to be transferred to the teacher development
4-9 <unobligated portion of the general revenue> fund established under
4-10 Section 13.553, Education Code, on or before the 15th day of each
4-11 month.
4-12 SECTION 3. Section 822.201(c), Government Code, is amended
4-13 to read as follows:
4-14 (c) Excluded from salary and wages are expense payments,
4-15 allowances, payments for unused vacation or sick leave, maintenance
4-16 or other nonmonetary compensation, fringe benefits, deferred
4-17 compensation other than as provided by Subsection (b)(3),
4-18 compensation that is not made pursuant to a valid employment
4-19 agreement, teacher development stipends paid under Subchapter H,
4-20 Chapter 13, Education Code, and any compensation not described in
4-21 Subsection (b).
4-22 SECTION 4. Sections 5.02(c)-(e) and (h)-(m), State Lottery
4-23 Act (Article 179g, Vernon's Texas Civil Statutes), are repealed.
4-24 SECTION 5. Notwithstanding Section 5.02(k), State Lottery
4-25 Act (Article 179g, Vernon's Texas Civil Statutes), on September 1,
4-26 1993, the comptroller shall transfer the balance of the state
4-27 lottery stabilization fund to the teacher development fund under
5-1 Section 13.553, Education Code, as added by this Act.
5-2 SECTION 6. (a) Except as provided by Subsection (b) of this
5-3 section, this Act takes effect immediately.
5-4 (b) Sections 2 and 3 of this Act take effect September 1,
5-5 1993. Section 5.02(b), State Lottery Act (Article 179g, Vernon's
5-6 Texas Civil Statutes), as amended by this Act, applies only to a
5-7 transfer from the state lottery account made on or after September
5-8 1, 1993.
5-9 SECTION 7. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended,
5-14 and that this Act take effect and be in force according to its
5-15 terms, and it is so enacted.