1-1 By: Woolley (Senate Sponsor - Gallegos) H.B. No. 2812
1-2 (In the Senate - Received from the House April 18, 1997;
1-3 April 22, 1997, read first time and referred to Committee on
1-4 Education; May 8, 1997, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; May 8, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the inclusion of performance pay for purposes of
1-9 contributions and benefits under the Teacher Retirement System of
1-10 Texas.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 822.201(b), Government Code, is amended
1-13 to read as follows:
1-14 (b) "Salary and wages" as used in Subsection (a) means:
1-15 (1) normal periodic payments of money for service the
1-16 right to which accrues on a regular basis in proportion to the
1-17 service performed;
1-18 (2) amounts by which the member's salary is reduced
1-19 under a salary reduction agreement authorized by Chapter 610; [and]
1-20 (3) amounts that would otherwise qualify as salary and
1-21 wages under Subdivision (1) but are not received directly by the
1-22 member pursuant to a good faith, voluntary written salary reduction
1-23 agreement in order to finance payments to a deferred compensation
1-24 or tax sheltered annuity program specifically authorized by state
1-25 law or to finance benefit options under a cafeteria plan qualifying
1-26 under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
1-27 Section 125), if:
1-28 (A) the program or benefit options are made
1-29 available to all employees of the employer; and
1-30 (B) the benefit options in the cafeteria plan
1-31 are limited to one or more options that provide deferred
1-32 compensation, group health and disability insurance, group term
1-33 life insurance, dependent care assistance programs, or group legal
1-34 services plans; and
1-35 (4) performance pay awarded to an employee by a school
1-36 district as part of a total compensation plan approved by the board
1-37 of trustees of the district.
1-38 SECTION 2. This Act applies beginning with the 1997-1998
1-39 school year.
1-40 SECTION 3. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended,
1-45 and that this Act take effect and be in force from and after its
1-46 passage, and it is so enacted.
1-47 * * * * *