76R12564 GCH-D                           
         By Delisi, Greenberg, Tillery, Lewis of Orange        H.B. No. 1702
         Substitute the following for H.B. No. 1702:
         By Greenberg                                      C.S.H.B. No. 1702
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to loss of benefits by a retiree of the Teacher Retirement
 1-3     System of Texas who resumes teaching.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 824.602(a), Government Code, is amended
 1-6     to read as follows:
 1-7           (a)  Subject to Section 825.506, the [The] retirement system
 1-8     may not, under Section 824.601, withhold a monthly benefit payment
 1-9     if the retiree is employed in a Texas public educational
1-10     institution:
1-11                 (1)  as a substitute only with pay not more than the
1-12     daily rate of substitute pay established by the employer and, if
1-13     the retiree is a disability retiree, the employment has not
1-14     exceeded a total of 90 days in the school year;
1-15                 (2)  in a position, other than as a substitute, on no
1-16     more than a one-half time basis for the month;
1-17                 (3)  in one or more positions on as much as a full-time
1-18     basis, if:
1-19                       (A)  the work occurs in a school year that begins
1-20     after the retiree's effective date of retirement;
1-21                       (B)  the work occurs in no more than six months
1-22     of the school year; and
1-23                       (C)  the retiree executes on a form and within
1-24     any deadline prescribed by the retirement system a written election
 2-1     to have this exception apply for the school year in determining
 2-2     whether benefits are to be suspended for employment after
 2-3     retirement; [or]
 2-4                 (4)  in a position, other than as a substitute, on no
 2-5     more than a one-half time basis for no more than 90 days in the
 2-6     school year, if the retiree is a disability retiree; or
 2-7                 (5)  in a position as a classroom teacher on as much as
 2-8     a full-time basis, if the retiree has retired under Section
 2-9     824.202(a) without reduction for retirement at an early age, is
2-10     certified under Subchapter B, Chapter 21, Education Code, to teach
2-11     the subjects assigned, is teaching in an acute shortage area as
2-12     defined by the commissioner of education, and has been separated
2-13     from service with all public schools for at least 12 months.
2-14           SECTION 2.  This Act applies beginning with the 1999-2000
2-15     school year.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended,
2-21     and that this Act take effect and be in force from and after its
2-22     passage, and it is so enacted.