1-1     By:  Delisi, et al. (Senate Sponsor - West)           H.B. No. 1702
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 10, 1999, rereferred to Committee on Education;
 1-5     May 14, 1999, reported favorably by the following vote:  Yeas 6,
 1-6     Nays 0; May 14, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to loss of benefits by a retiree of the Teacher Retirement
1-10     System of Texas who resumes teaching.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 824.602(a), Government Code, is amended
1-13     to read as follows:
1-14           (a)  Subject to Section 825.506, the [The] retirement system
1-15     may not, under Section 824.601, withhold a monthly benefit payment
1-16     if the retiree is employed in a Texas public educational
1-17     institution:
1-18                 (1)  as a substitute only with pay not more than the
1-19     daily rate of substitute pay established by the employer and, if
1-20     the retiree is a disability retiree, the employment has not
1-21     exceeded a total of 90 days in the school year;
1-22                 (2)  in a position, other than as a substitute, on no
1-23     more than a one-half time basis for the month;
1-24                 (3)  in one or more positions on as much as a full-time
1-25     basis, if:
1-26                       (A)  the work occurs in a school year that begins
1-27     after the retiree's effective date of retirement;
1-28                       (B)  the work occurs in no more than six months
1-29     of the school year; and
1-30                       (C)  the retiree executes on a form and within
1-31     any deadline prescribed by the retirement system a written election
1-32     to have this exception apply for the school year in determining
1-33     whether benefits are to be suspended for employment after
1-34     retirement; [or]
1-35                 (4)  in a position, other than as a substitute, on no
1-36     more than a one-half time basis for no more than 90 days in the
1-37     school year, if the retiree is a disability retiree; or
1-38                 (5)  in a position as a classroom teacher on as much as
1-39     a full-time basis, if the retiree has retired under Section
1-40     824.202(a) without reduction for retirement at an early age, is
1-41     certified under Subchapter B, Chapter 21, Education Code, to teach
1-42     the subjects assigned, is teaching in an acute shortage area as
1-43     defined by the commissioner of education, and has been separated
1-44     from service with all public schools for at least 12 months.
1-45           SECTION 2.  This Act applies beginning with the 1999-2000
1-46     school year.
1-47           SECTION 3.  The importance of this legislation and the
1-48     crowded condition of the calendars in both houses create an
1-49     emergency and an imperative public necessity that the
1-50     constitutional rule requiring bills to be read on three several
1-51     days in each house be suspended, and this rule is hereby suspended,
1-52     and that this Act take effect and be in force from and after its
1-53     passage, and it is so enacted.
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