76R9554 JD-D                           
         By Nixon, et al.                                      H.B. No. 2117
         Substitute the following for H.B. No. 2117:
         By Sadler                                         C.S.H.B. No. 2117
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a school district to permit certain
 1-3     persons to perform teaching services or to provide teachers for the
 1-4     district in lieu of paying ad valorem taxes owed to the district.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 31, Tax Code, is amended by adding
 1-7     Sections 31.035 and 31.036 to read as follows:
 1-8           Sec. 31.035.  PERFORMANCE OF TEACHING SERVICES IN LIEU OF
 1-9     PAYMENT OF SCHOOL TAXES ON HOMESTEAD.  (a)  The governing body of a
1-10     school district by resolution may permit qualified individuals to
1-11     perform teaching services for the school district in grades six
1-12     through 12 at a school in the  district in lieu of paying taxes
1-13     imposed by the district on property owned and occupied by the
1-14     individual as a residence homestead.
1-15           (b)  The governing body of the school district shall
1-16     determine:
1-17                 (1)  the number of qualified individuals who will be
1-18     permitted to perform teaching services for the district under this
1-19     section;
1-20                 (2)  the courses that a qualified individual may teach
1-21     for the district under this section; and
1-22                 (3)  the amount of the tax credit that a qualified
1-23     individual may earn.
1-24           (c)  The governing body shall require that each qualified
 2-1     individual permitted to perform teaching services for the district
 2-2     under this section execute a contract with the district.  The
 2-3     contract must be executed before the delinquency date and must:
 2-4                 (1)  specify:
 2-5                       (A)  the course or courses that the qualified
 2-6     individual will teach for the district;
 2-7                       (B)  the school in the district where the
 2-8     qualified individual will perform the teaching services;
 2-9                       (C)  the period for which the qualified
2-10     individual will perform the teaching services; and
2-11                       (D)  the amount of the tax credit that the
2-12     qualified individual will receive on successful completion of the
2-13     individual's contractual obligations; and
2-14                 (2)  set out or describe the provisions of Subsections
2-15     (d)-(g).
2-16           (d)  A qualified individual who teaches a course for an
2-17     entire school semester, or for an equivalent period at a school
2-18     that uses terms other than semesters, is entitled to a maximum
2-19     credit of $500 against the taxes imposed, except that if the
2-20     qualified individual teaches a course for which a student receives
2-21     a full year's credit for one semester, the qualified individual is
2-22     entitled to a maximum credit of $1,000 for each such course taught
2-23     for one semester by the qualified individual.  A qualified
2-24     individual may not receive credits for teaching more than two
2-25     courses in any school year.
2-26           (e)  The district shall terminate the contract if:
2-27                 (1)  the qualified individual fails to perform the
 3-1     teaching services; or
 3-2                 (2)  the district determines that the teaching services
 3-3     of the qualified individual are unsatisfactory.
 3-4           (f)  If the contract is terminated under Subsection (e), on
 3-5     the termination date the district may grant the individual a
 3-6     portion of the tax credit based on the portion of the teaching
 3-7     services performed.
 3-8           (g)  While performing teaching services for a school
 3-9     district, the qualified individual:
3-10                 (1)  is not an employee of the district; and
3-11                 (2)  is not entitled to any benefit, including workers'
3-12     compensation coverage, that the district provides to an employee of
3-13     the district.
3-14           (h)  An individual is qualified to perform teaching services
3-15     for a school district under this section only if the individual
3-16     holds a baccalaureate or more advanced degree in a field related to
3-17     each course to be taught and:
3-18                 (1)  is certified as a classroom teacher under
3-19     Subchapter B, Chapter 21, Education Code; or
3-20                 (2)  obtains a school district teaching permit under
3-21     Section 21.055, Education Code.
3-22           Sec. 31.036.  PERFORMANCE OF TEACHING SERVICES BY EMPLOYEE IN
3-23     LIEU OF PAYMENT OF SCHOOL TAXES ON PROPERTY OF BUSINESS ENTITY.
3-24     (a)  The governing body of a school district by resolution may
3-25     authorize a corporation or other business entity to permit a
3-26     qualified individual employed by the business entity to perform
3-27     teaching services in grades six through 12 at a school in the
 4-1     school district in lieu of paying taxes imposed by the district on
 4-2     property owned by the business entity.
 4-3           (b)  The governing body of the school district shall
 4-4     determine:
 4-5                 (1)  the number of business entities that will be
 4-6     eligible for a tax credit under this section;
 4-7                 (2)  the courses that an employee of the business
 4-8     entity may teach for the district under this section; and
 4-9                 (3)  the amount of the tax credit that a business
4-10     entity may earn.
4-11           (c)  The governing body shall require that each business
4-12     entity permitted to provide an employee to perform teaching
4-13     services for the district under this section execute a contract
4-14     with the district.  The contract must be executed before the
4-15     delinquency date and must:
4-16                 (1)  specify:
4-17                       (A)  the course or courses that the employee will
4-18     teach for the district;
4-19                       (B)  the school in the district where the
4-20     employee will perform the teaching services;
4-21                       (C)  the period for which the employee will
4-22     perform the teaching services; and
4-23                       (D)  the amount of the tax credit that the
4-24     business entity will receive on successful completion of the
4-25     contractual obligations of the business entity and its employee;
4-26     and
4-27                 (2)  set out or describe the provisions of Subsections
 5-1     (d)-(h).
 5-2           (d)  For each course taught by an employee of the business
 5-3     entity for the school district for an entire school semester, or
 5-4     for an equivalent period at a school that uses terms other than
 5-5     semesters, the business entity is entitled to a maximum credit of
 5-6     $500 against the taxes imposed, except that if the employee teaches
 5-7     a course for which a student receives a full year's credit for one
 5-8     semester, the business entity is entitled to a maximum credit of
 5-9     $1,000 for each such course taught for one semester by the
5-10     employee.
5-11           (e)  The district shall terminate the contract if:
5-12                 (1)  the employee fails to perform the teaching
5-13     services; or
5-14                 (2)  the district determines that the teaching services
5-15     of the employee of the business entity are unsatisfactory.
5-16           (f)  If the contract is terminated under Subsection (e), on
5-17     the termination date the district may grant the business entity a
5-18     portion of the tax credit based on the portion of the teaching
5-19     services performed.
5-20           (g)  While performing teaching services for a school
5-21     district, the employee of the business entity:
5-22                 (1)  is not an employee of the district; and
5-23                 (2)  is not entitled to any benefit, including workers'
5-24     compensation coverage, that the district provides to an employee of
5-25     the district.
5-26           (h)  An individual may not perform teaching services for
5-27     which a business entity receives a tax credit under this section if
 6-1     the individual enters into a contract with the same school district
 6-2     to provide teaching services for a tax credit for the same tax year
 6-3     under Section 31.035.
 6-4           (i)  An individual is qualified to perform teaching services
 6-5     for a school district under this section only if the individual
 6-6     holds a baccalaureate or more advanced degree in a field related to
 6-7     the course to be taught and:
 6-8                 (1)  is certified as a classroom teacher under
 6-9     Subchapter B, Chapter 21, Education Code; or
6-10                 (2)  obtains a school district teaching permit under
6-11     Section 21.055, Education Code.
6-12           SECTION 2.  Section 21.055, Education Code, is amended by
6-13     amending Subsection (c) and adding Subsection (f) to read as
6-14     follows:
6-15           (c)  Promptly after employing a person under this section or
6-16     issuing a school district teaching permit to a person under
6-17     Subsection (f), a school district shall send to the commissioner a
6-18     written statement identifying the person, the person's
6-19     qualifications as a teacher, and the subject or class the person
6-20     will teach.  The person may teach the subject or class pending
6-21     action by the commissioner.
6-22           (f)  A school district may issue a school district teaching
6-23     permit to a person seeking the permit for the purpose of qualifying
6-24     to perform teaching services for the school district under Section
6-25     31.035 or 31.036, Tax Code.  Notwithstanding any other provision of
6-26     this section to the contrary, a person issued a school district
6-27     teaching permit under this subsection:
 7-1                 (1)  is not required to be employed by the district as
 7-2     a teacher; and
 7-3                 (2)  while performing teaching services for the
 7-4     district under Section 31.035 or 31.036, Tax Code, is not
 7-5     considered to be an employee of the district.
 7-6           SECTION 3.  Section 42.302, Education Code, is amended by
 7-7     adding Subsection (c) to read as follows:
 7-8           (c)  For purposes of this section, school district taxes for
 7-9     which credit is granted under Section 31.035 or 31.036, Tax Code,
7-10     are considered taxes collected by the school district as if the
7-11     taxes were paid when the credit for the taxes was granted.
7-12           SECTION 4.  The importance of this legislation and the
7-13     crowded condition of the calendars in both houses create an
7-14     emergency and an imperative public necessity that the
7-15     constitutional rule requiring bills to be read on three several
7-16     days in each house be suspended, and this rule is hereby suspended,
7-17     and that this Act take effect and be in force from and after its
7-18     passage, and it is so enacted.