By Grusendorf                                         H.B. No. 2900
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the Education Excellence Fund.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 21, Education Code, is amended by adding
 1-5     Subchapter K to read as follows:
 1-6                  SUBCHAPTER K.  EDUCATION EXCELLENCE FUND
 1-7           Sec. 21.501.  PURPOSE OF THE EDUCATION EXCELLENCE FUND.  (a)
 1-8     The purpose of the Education Excellence Fund is to promote
 1-9     educational excellence and improve student performance.
1-10           (b)  The Education Excellence Fund is a fund in the state
1-11     treasury that consists of the Discretionary Excellence Fund, the
1-12     Teaching Excellence Bonus Fund, the Teacher Tuition Excellence
1-13     Fund, and the Excellence Signing Bonus Fund.
1-14           (c)  The fund may receive transfers from the general revenue
1-15     fund, the economic stabilization fund, or other sources of revenue.
1-16           (d)  The fund may receive donations from public or private
1-17     sources.
1-18           (e)  The provisions of each section of this subchapter are
1-19     contingent upon the appropriation of sufficient funds into each
1-20     fund.
1-21           Sec. 21.502.  DISCRETIONARY EXCELLENCE FUND.  (a)  Each
 2-1     person who is employed as a classroom teacher shall receive $1,000
 2-2     each year to be held in escrow for the duration of the school year
 2-3     by the teacher's school district.
 2-4           (b)  A classroom teacher may receive reimbursement from the
 2-5     escrow account for any expense the teacher incurs.  The teacher
 2-6     shall have the sole decision on how the funds in the account are
 2-7     spent.  The school district may not require the teacher to spend
 2-8     the funds on certain items or on reimbursement of the school
 2-9     district for traditionally supplied materials and classroom
2-10     expenses.
2-11           (c)  At the end of a school year, any balance remaining in a
2-12     teacher's account shall, at the discretion of the classroom
2-13     teacher:
2-14                 (1)  be paid to the teacher; or
2-15                 (2)  accrue to the classroom teacher's account for the
2-16     next year.
2-17           (d)  A school district that holds an account in escrow may
2-18     retain the interest from the account to cover administrative
2-19     expenses incurred as a result of administering this section.
2-20           Sec. 21.503.  TEACHING EXCELLENCE BONUS FUND.  (a)  The
2-21     Education Excellence Commission is established to adopt criteria
2-22     for determining recipients of teaching excellence bonuses.
2-23           (b)  The commission is composed of 11 members appointed to
2-24     staggered four-year terms by the governor with the advice and
2-25     consent of the senate.  A majority of the members must be classroom
 3-1     teachers.  Appointments shall be made without regard to the race,
 3-2     color, disability, sex, religion, age, or national origin of the
 3-3     person appointed.
 3-4           (c)  Each school district, using criteria adopted by the
 3-5     commission, shall annually select the top two quintile of classroom
 3-6     teachers to be recipients of teaching excellence bonuses.  The
 3-7     district shall forward the names of the recipients to the
 3-8     commission by a date determined by the commission.
 3-9           (d)  The bonuses shall be distributed each year as follows:
3-10                 (1)  recipients in the top quintile of classroom
3-11     teachers shall each be awarded a $2,000 bonus; and
3-12                 (2)  recipients in the second quintile of classroom
3-13     teachers shall each be awarded a $1,000 bonus.
3-14           Sec. 21.504.  TEACHER TUITION EXCELLENCE FUND.  (a)  A person
3-15     who has been a classroom teacher for five consecutive years is
3-16     entitled to free tuition at any public senior college or university
3-17     in this state on those courses that are necessary for one
3-18     post-graduate degree in the classroom teacher's academic field of
3-19     expertise.
3-20           (b)  The comptroller shall establish rules for providing a
3-21     qualifying classroom teacher a tuition voucher to be presented to a
3-22     public senior college or university.  The voucher may be used only
3-23     on those courses necessary to complete a post-graduate degree
3-24     program in the classroom teacher's academic field of expertise.
3-25     The comptroller shall reimburse the public senior college or
 4-1     university for the voucher from the Teacher Tuition Excellence
 4-2     Fund.
 4-3           Sec. 21.505.  EXCELLENCE SIGNING BONUS FUND.  (a)  In this
 4-4     section, a "designated shortage-area classroom teacher" is a
 4-5     classroom teacher who teaches full-time in an area designated by
 4-6     the commissioner as a shortage area.
 4-7           (b)  A person who is employed as a classroom teacher for the
 4-8     first time and who has not taught before June 1, 1999, shall
 4-9     receive a $4,000 bonus in return for signing a contract as a
4-10     classroom teacher or a $6,000 bonus in return for signing a
4-11     contract as a designated shortage-area classroom teacher if the
4-12     person signs a written agreement to teach full-time as a classroom
4-13     teacher for five consecutive years and the person:
4-14                 (1)  was in the top 10 percent of the person's
4-15     graduating class in college or university; or
4-16                 (2)  scored in the top quartile on the Scholastic
4-17     Assessment Test (SAT) or American College Test (ACT) of all
4-18     students attending the college or university from which the person
4-19     graduated.
4-20           (c)  The signing bonus shall be repaid to the fund in its
4-21     entirety if the person fails to teach full-time in the classroom
4-22     for five consecutive years, except in the event of death or serious
4-23     disability, injury, or illness, or maternity leave for pregnancy.
4-24     Failure to repay the signing bonus shall be grounds for revocation
4-25     of an educator certificate under Section 21.041(b)(7).
 5-1           (d)  The comptroller shall make rules to administer this
 5-2     section.
 5-3           SECTION 2.  This Act takes effect September 1, 1999.
 5-4           SECTION 3.  The importance of this legislation and the
 5-5     crowded condition of the calendars in both houses create an
 5-6     emergency and an imperative public necessity that the
 5-7     constitutional rule requiring bills to be read on three several
 5-8     days in each house be suspended, and this rule is hereby suspended.