By Delisi                                             H.B. No. 1451
         76R4496 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Texas Troops to Teachers Program.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 21, Education Code, is amended by adding
 1-5     Subchapter K to read as follows:
 1-6               SUBCHAPTER K.  TEXAS TROOPS TO TEACHERS PROGRAM
 1-7           Sec. 21.501.  DEFINITIONS.  In this subchapter, "program"
 1-8     means the Texas Troops to Teachers Program.
 1-9           Sec. 21.502.  ESTABLISHMENT OF PROGRAM.  The agency shall
1-10     establish a program to:
1-11                 (1)  assist persons who have served in the armed forces
1-12     of the United States and are separated from active duty to obtain
1-13     certification as an elementary or secondary school teacher in this
1-14     state; and
1-15                 (2)  facilitate the employment of those persons by
1-16     school districts that have a shortage of teachers.
1-17           Sec. 21.503.  ELIGIBILITY.  A person is eligible for the
1-18     program if the person:
1-19                 (1)  has served in the armed forces of the United
1-20     States;
1-21                 (2)  is honorably discharged, retired, or released from
1-22     active duty on or after October 1, 1990, after at least six years
1-23     of continuous active duty  service immediately before the
1-24     discharge, retirement, or release;
 2-1                 (3)  has received a baccalaureate or advanced degree
 2-2     from  an institution of higher education accredited by a regional
 2-3     accrediting agency or group that is recognized by a nationally
 2-4     recognized accreditation board; and
 2-5                 (4)  satisfies any other criteria for selection jointly
 2-6     prescribed by the agency and the State Board for Educator
 2-7     Certification.
 2-8           Sec. 21.504.  INFORMATION AND APPLICATIONS.  (a)  The agency
 2-9     shall develop an application for the program.
2-10           (b)  The agency and the State Board for Educator
2-11     Certification shall distribute the applications and information
2-12     regarding the program.
2-13           Sec. 21.505.  SELECTION OF PARTICIPANTS.  (a)  The agency
2-14     shall select persons to participate in the program on the basis of
2-15     applications submitted to the agency.
2-16           (b)  Each application must be submitted:
2-17                 (1)  in the form and contain the information the agency
2-18     requires; and
2-19                 (2)  in a timely manner.
2-20           (c)  An application is considered to be submitted in a timely
2-21     manner for purposes of Subsection (b)(2) if the application is
2-22     submitted:
2-23                 (1)  not later than October 5, 1999, in the case of an
2-24     applicant discharged, retired, or released from active duty before
2-25     January 19, 1999; or
2-26                 (2)  except as provided by Subdivision (1), not later
2-27     than the first anniversary of the date of the applicant's
 3-1     discharge, retirement, or release from active duty.
 3-2           Sec. 21.506.  LIMITATION ON IMPLEMENTATION.  The agency may
 3-3     not select a person to participate in the program unless the agency
 3-4     has sufficient state appropriations to pay the stipend provided by
 3-5     Section 21.509 at the time of the selection.
 3-6           Sec. 21.507.  PREFERENCES.  (a)  In selecting persons to
 3-7     participate in the program, the agency shall give preference to a
 3-8     person who:
 3-9                 (1)  has significant educational or military experience
3-10     in science, mathematics, or engineering and agrees to seek
3-11     employment as a teacher in one of those subjects in a public
3-12     elementary or secondary school in this state; or
3-13                 (2)  has significant educational or military experience
3-14     in a field other than science, mathematics, or engineering
3-15     identified by the agency as a field important for state educational
3-16     objectives and agrees to seek employment as a teacher in a subject
3-17     related to that field in a public elementary or secondary school in
3-18     this state.
3-19           (b)  The commissioner shall determine the level of experience
3-20     considered significant for purposes of this section.
3-21           Sec. 21.508.  AGREEMENT.  A person selected to participate in
3-22     the program must enter into a written agreement with the agency
3-23     under which the person agrees to:
3-24                 (1)  obtain, within the period the agency by rule
3-25     requires, certification as an elementary or secondary school
3-26     teacher in this state; and
3-27                 (2)  accept, during the first school year that begins
 4-1     after the date the person becomes certified, an offer of full-time
 4-2     employment as an elementary or secondary school teacher with a
 4-3     school district in this state.
 4-4           Sec. 21.509.  STIPEND.  The agency shall pay to each
 4-5     participant in the program a stipend of $5,000.
 4-6           Sec. 21.510.  REIMBURSEMENT.  (a)  A participant in the
 4-7     program who fails to obtain certification or employment as required
 4-8     in the agreement under Section 21.508 or who voluntarily leaves or
 4-9     is terminated for cause from the employment after teaching in a
4-10     public elementary or secondary school in this state for less than
4-11     five school years shall reimburse the agency for the portion of the
4-12     stipend that bears the same ratio to the amount of the stipend as
4-13     the unserved portion of required service bears to the five years of
4-14     required service.
4-15           (b)  The obligation to reimburse the agency under this
4-16     section is, for all purposes, a debt to the state.  A discharge in
4-17     bankruptcy under Title 11, United States Code, does not release a
4-18     participant from the obligation to reimburse the agency.  The
4-19     amount owed bears interest at the rate equal to the highest rate
4-20     being paid by the United States on the day the reimbursement is
4-21     determined to be due for securities that have maturities of 90 days
4-22     or less, and the interest accrues from the day the participant
4-23     receives notice of the amount due.
4-24           (c)  For purposes of this section, a participant in the
4-25     program is not considered to be in violation of an agreement under
4-26     Section 21.508 during any period  in which the participant:
4-27                 (1)  is pursuing a full-time course of study related to
 5-1     the field of teaching at an institution of higher education
 5-2     approved by the State Board for Educator Certification;
 5-3                 (2)  is serving on active duty as a member of the armed
 5-4     forces of the United States;
 5-5                 (3)  is temporarily totally disabled for a period not
 5-6     to exceed three years as established by sworn affidavit of a
 5-7     qualified physician;
 5-8                 (4)  is unable to secure employment for a period not to
 5-9     exceed one year because of care required by a disabled spouse;
5-10                 (5)  is seeking and unable to find full-time employment
5-11     as a teacher in a public elementary or secondary school for a
5-12     single period not to exceed 27 months; or
5-13                 (6)  satisfies the provisions of any additional
5-14     reimbursement exception adopted by the agency.
5-15           (d)  A participant is excused from reimbursement under
5-16     Subsection (a)  if:
5-17                 (1)  the participant becomes permanently totally
5-18     disabled as established by sworn affidavit of a qualified
5-19     physician; or
5-20                 (2)  the agency waives reimbursement in the case of
5-21     extreme hardship to the participant.
5-22           Sec. 21.511.  The commissioner shall adopt rules to implement
5-23     this subchapter.
5-24           SECTION 2.  If the commissioner of education determines that
5-25     federal funds are available for a federal program with the general
5-26     purposes of Subchapter K, Chapter 21, Education Code, as added by
5-27     this Act, such as for a program under 10 U.S.C. Section 1151, the
 6-1     commissioner of education shall discontinue the Texas Troops to
 6-2     Teachers Program and shall file notice of that discontinuation with
 6-3     the secretary of state to be published in the Texas Register.
 6-4           SECTION 3.  The importance of this legislation and the
 6-5     crowded condition of the calendars in both houses create an
 6-6     emergency and an imperative public necessity that the
 6-7     constitutional rule requiring bills to be read on three several
 6-8     days in each house be suspended, and this rule is hereby suspended,
 6-9     and that this Act take effect and be in force from and after its
6-10     passage, and it is so enacted.