By Delisi                                             H.B. No. 1702
         76R6443 GCH-F                           
                                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)  The retirement system may not, under Section 824.601,
 1-8     withhold a monthly benefit payment if the retiree is employed in a
 1-9     Texas public educational institution:
1-10                 (1)  as a substitute only with pay not more than the
1-11     daily rate of substitute pay established by the employer and, if
1-12     the retiree is a disability retiree, the employment has not
1-13     exceeded a total of 90 days in the school year;
1-14                 (2)  in a position, other than as a substitute, on no
1-15     more than a one-half time basis for the month;
1-16                 (3)  in one or more positions on as much as a full-time
1-17     basis, if:
1-18                       (A)  the work occurs in a school year that begins
1-19     after the retiree's effective date of retirement;
1-20                       (B)  the work occurs in no more than six months
1-21     of the school year; and
1-22                       (C)  the retiree executes on a form and within
1-23     any deadline prescribed by the retirement system a written election
1-24     to have this exception apply for the school year in determining
 2-1     whether benefits are to be suspended for employment after
 2-2     retirement;  [or]
 2-3                 (4)  in a position, other than as a substitute, on no
 2-4     more than a one-half time basis for no more than 90 days in the
 2-5     school year, if the retiree is a disability retiree; or
 2-6                 (5)  in a position as a classroom teacher on as much as
 2-7     a full-time basis, if the retiree is certified under Subchapter B,
 2-8     Chapter 21,  Education Code, to teach the subjects assigned and is
 2-9     teaching in an acute shortage area as defined by the commissioner
2-10     of education.
2-11           SECTION 2.  This Act applies beginning with the 1999-2000
2-12     school year.
2-13           SECTION 3.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended,
2-18     and that this Act take effect and be in force from and after its
2-19     passage, and it is so enacted.