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.