By Dutton                                              H.B. No. 849
         76R1684 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the salaries of public school teachers, librarians, and
 1-3     administrators.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 21.402(a), (e), and (f), Education Code,
 1-6     are amended to read as follows:
 1-7           (a)  Except as provided by Subsection [(d) or] (e), a school
 1-8     district must pay each classroom teacher or full-time librarian not
 1-9     less than the minimum annual [monthly] salary, based on the
1-10     employee's level of experience, determined by the following
1-11     formula:
1-12                        MS = SF X $50,000[(FSP/ADA)]
1-13     where:
1-14           "MS" is the minimum annual [monthly] salary; and
1-15           "SF" is the applicable salary factor specified by Subsection
1-16     (c)[;]
1-17           ["FSP" is the amount appropriated in the General
1-18     Appropriations Act for the fiscal year for the Foundation School
1-19     Program, as determined by the commissioner as provided by
1-20     Subsection (b); and]
1-21           ["ADA" is the total estimated average daily attendance, as
1-22     defined by Section 42.005, used for purposes of the General
1-23     Appropriations Act for the fiscal year].
1-24           (e)  Notwithstanding Subsection (a), a teacher or librarian
 2-1     who received a career ladder supplement on August 31, 1993, is
 2-2     entitled to at least the same gross annual [monthly] salary the
 2-3     teacher or librarian received for the 1994-1995 school year as long
 2-4     as the teacher or librarian is employed by the same district.
 2-5           (f)  In this section, "gross annual [monthly] salary" must
 2-6     include the amount a teacher or librarian received that
 2-7     represented a career ladder salary supplement under Section 16.057,
 2-8     as that section existed January 1, 1993.
 2-9           SECTION 2.  Section 21.401(b), Education Code, is amended to
2-10     read as follows:
2-11           (b)  An educator employed under a 10-month contract must
2-12     provide a minimum [number] of 187 days of service [as determined by
2-13     the following formula:]
2-14                 [MDS = 185 + (0.33 X (R1 - R2)/(R 2/185) )]
2-15     [where:]
2-16           ["MDS" is the minimum number of days of service;]
2-17           ["R1" is equal to FSP/ADA as determined under Section 21.402
2-18     for the fiscal year; and]
2-19           ["R2" is equal to FSP/ADA as determined under Section 21.402
2-20     for the 1996-1997 school year].
2-21           SECTION 3.  Subchapter I, Chapter 21, Education Code, is
2-22     amended by adding Section 21.4031 to read as follows:
2-23           Sec. 21.4031.  MAXIMUM SALARY OF ADMINISTRATORS.  (a)  A
2-24     school district may not pay a person employed as an administrator,
2-25     other than a superintendent, an annual salary that exceeds 140
2-26     percent of the minimum annual salary to which the person would be
2-27     entitled under Section 21.402 if the person were a classroom
 3-1     teacher or librarian.
 3-2           (b)  A school district may not pay a person employed as a
 3-3     superintendent an annual salary that exceeds 140 percent of the
 3-4     maximum annual salary to which the person would be entitled under
 3-5     Subsection (a) if the person were an administrator other than a
 3-6     superintendent.
 3-7           SECTION 4.  Section 30.102(b), Education Code, is amended to
 3-8     read as follows:
 3-9           (b)  A classroom teacher or full-time librarian employed by
3-10     the commission is entitled to receive as a minimum salary the
3-11     annual [monthly] salary rate specified by Section 21.402.  A
3-12     classroom teacher or full-time librarian may be paid, from funds
3-13     appropriated to the commission, a salary in excess of the minimum
3-14     specified by that section, but the salary may not exceed the rate
3-15     of pay for a similar position in the public schools of an adjacent
3-16     school district.
3-17           SECTION 5.  Sections 21.401(b-1) and (c) and 21.402(a-1),
3-18     (a-2), (b), and (d), Education Code, are repealed.
3-19           SECTION 6.  (a)  Sections 21.402 and 30.102, Education Code,
3-20     as amended by this Act, apply beginning with the 1999-2000 school
3-21     year.
3-22           (b)  Section 21.4031, Education Code, as added by this Act,
3-23     applies beginning with the 1999-2000 school year, except that a
3-24     school district is not required to reduce the salary of a
3-25     superintendent who is entitled to a salary greater than the maximum
3-26     provided by that section under a contract entered into before the
3-27     effective date of this Act.
 4-1           SECTION 7.  The importance of this legislation and the
 4-2     crowded condition of the calendars in both houses create an
 4-3     emergency and an imperative public necessity that the
 4-4     constitutional rule requiring bills to be read on three several
 4-5     days in each house be suspended, and this rule is hereby suspended,
 4-6     and that this Act take effect and be in force from and after its
 4-7     passage, and it is so enacted.