By Dutton                                              H.B. No. 850
         76R1382 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to minimum salaries for public school teachers and
 1-3     full-time librarians.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21.401, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 21.401.  MINIMUM SERVICE REQUIRED.          (a)  A
 1-8     contract between a school district and an educator must be for a
 1-9     minimum of 10 months' service.
1-10           [(a-4) For the 1998-1999 school year, an educator employed
1-11     under a 10-month contract must provide a minimum of 187 days of
1-12     service.  This subsection expires September 1, 1999.]
1-13           (b)  An educator employed under a 10-month contract must
1-14     provide a minimum [number] of 187 days of service [as determined by
1-15     the following formula:]
1-16                 [MDS = 185 + (0.33 X (R1 - R2)/(R 2/185) )]
1-17     [where:]
1-18           ["MDS" is the minimum number of days of service;]
1-19           ["R1" is equal to FSP/ADA as determined under Section 21.402
1-20     for the fiscal year; and]
1-21           ["R2" is equal to FSP/ADA as determined under Section 21.402
1-22     for the 1996-1997 school year].
1-23           [(b-1) Subsection (b) applies beginning with the 1999-2000
1-24     school year.  This subsection expires January 1, 2000.]
 2-1           (c)  [The result of the formula prescribed by Subsection (b)
 2-2     shall be rounded to the nearest whole number.]
 2-3           [(d)]  The commissioner, as provided by Section 25.081(b),
 2-4     may reduce the number of days of service required by this section.
 2-5     A reduction by the commissioner does not reduce an educator's
 2-6     salary.
 2-7           SECTION 2.  Section 21.402, Education Code, is amended to
 2-8     read as follows:
 2-9           Sec. 21.402.  MINIMUM SALARY [SCHEDULE] FOR CLASSROOM
2-10     TEACHERS AND FULL-TIME LIBRARIANS.  [(a)] A [Except as provided by
2-11     Subsection (d) or (e), a] school district must pay each classroom
2-12     teacher or full-time librarian not less than $50,000 annually [the
2-13     minimum monthly salary, based on the employee's level of
2-14     experience, determined by the following formula:]
2-15                            [MS = SF X (FSP/ADA)]
2-16     [where:]
2-17           ["MS" is the minimum monthly salary;]
2-18           ["SF" is the applicable salary factor specified by Subsection]
2-19     [(c);]
2-20           ["FSP" is the amount appropriated in the General
2-21     Appropriations Act for the fiscal year for the Foundation School
2-22     Program, as determined by the commissioner as provided by
2-23     Subsection (b); and]
2-24           ["ADA" is the total estimated average daily attendance, as
2-25     defined by Section 42.005, used for purposes of the General
2-26     Appropriations Act for the fiscal year].
2-27           [(a-1) Notwithstanding Subsection (a), for the 1997-1998 and
 3-1     1998-1999 school years, "FSP" for purposes of Subsection (a):]
 3-2                 [(1)  includes amounts appropriated in H.B. No. 4, Acts
 3-3     of the 75th Legislature, Regular Session, 1997; and]
 3-4                 [(2)  does not include the following amounts
 3-5     appropriated in H.B. No. 1, Acts of the 75th Legislature, Regular
 3-6     Session, 1997:]
 3-7                       [(A)  amounts appropriated under Rider 73
 3-8     following appropriations to the Texas Education Agency in Article
 3-9     III of that Act; or]
3-10                       [(B)  amounts appropriated under Section 198 of
3-11     Article IX of that Act.]
3-12           [(a-2)  Subsection (a-1) and this subsection expire September
3-13     1, 1999.]
3-14           [(b)  Not later than June 1 of each year, the commissioner
3-15     shall determine the amount appropriated for purposes of Chapter 42
3-16     for the state fiscal year beginning September 1.  The commissioner
3-17     shall exclude from the determination:]
3-18                 [(1)  amounts designated solely for use in connection
3-19     with school facilities or for payment of principal of and interest
3-20     on bonds; and]
3-21                 [(2)  local funds received under Subchapter D, Chapter
3-22     41.]
3-23           [(c)  The salary factors per step are as follows:]
3-24     [Years Experience           0         1       2       3       4]
3-25     [Salary Factor            .8470      .8699   .8928   .9156   .9639]
3-26     [Years Experience           5         6       7       8       9]
3-27     [Salary Factor           1.0122     1.0605  1.1054  1.1477  1.1879]
 4-1     [Years Experience          10         11      12      13      14]
 4-2     [Salary Factor           1.2256     1.2616  1.2955  1.3273  1.3578]
 4-3     [Years Experience          15         16      17      18      19]
 4-4     [Salary Factor           1.3862     1.4133  1.4387  1.4628  1.4857]
 4-5     [Years Experience      20 and over]
 4-6     [Salary Factor           1.5073]
 4-7           [(d)  If the minimum monthly salary determined under
 4-8     Subsection (a)  for a particular level of experience is less than
 4-9     the minimum monthly salary for that level of experience in the
4-10     preceding year, the minimum monthly salary is the minimum monthly
4-11     salary for the preceding year.]
4-12           [(e)  Notwithstanding Subsection (a), a teacher or librarian
4-13     who received a career ladder supplement on August 31, 1993, is
4-14     entitled to at least the same gross monthly salary the teacher or
4-15     librarian received for the 1994-1995 school year as long as the
4-16     teacher or librarian is employed by the same district.]
4-17           [(f)  In this section, "gross monthly salary" must include
4-18     the amount a teacher or librarian received that represented a
4-19     career ladder salary supplement under Section 16.057, as that
4-20     section existed January 1, 1993.]
4-21           SECTION 3.  Section 30.102(b), Education Code, is amended to
4-22     read as follows:
4-23           (b)  A classroom teacher or full-time librarian employed by
4-24     the commission is entitled to receive at least the [as a] minimum
4-25     salary [the monthly salary rate] specified by Section 21.402.  A
4-26     classroom teacher or full-time librarian may be paid, from funds
4-27     appropriated to the commission, a salary in excess of the minimum
 5-1     specified by that section, but the salary may not exceed the rate
 5-2     of pay for a similar position in the public schools of an adjacent
 5-3     school district.
 5-4           SECTION 4.  Section 21.403, Education Code, is repealed.
 5-5           SECTION 5.  This Act applies beginning with the 1999-2000
 5-6     school year.
 5-7           SECTION 6.  The importance of this legislation and the
 5-8     crowded condition of the calendars in both houses create an
 5-9     emergency and an imperative public necessity that the
5-10     constitutional rule requiring bills to be read on three several
5-11     days in each house be suspended, and this rule is hereby suspended,
5-12     and that this Act take effect and be in force from and after its
5-13     passage, and it is so enacted.