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.