By West                                               S.B. No. 1448
         76R8624 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compensation of and benefits for public school teachers
 1-3     and librarians.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 21.401(b)-(d), Education Code, are
 1-6     amended to read as follows:
 1-7           (b)  An educator employed under a 10-month contract must
 1-8     provide a minimum [number] of 187 days of service [as determined by
 1-9     the following formula:]
1-10                  [MDS = 185 + (0.33 X (R1 - R2)/(R2/185))]
1-11     [where:]
1-12           ["MDS" is the minimum number of days of service;]
1-13           ["R1" is equal to FSP/ADA as determined under Section 21.402
1-14     for the fiscal year; and]
1-15           ["R2" is equal to FSP/ADA as determined under Section 21.402
1-16     for the 1996-1997 school year].
1-17           [(b-1)  Subsection (b) applies beginning with the 1999-2000
1-18     school year.  This subsection expires January 1, 2000.]
1-19           (c)  [The result of the formula prescribed by Subsection (b)
1-20     shall be rounded to the nearest whole number.]
1-21           [(d)]  The commissioner, as provided by Section 25.081(b),
1-22     may reduce the number of days of service required by this section.
1-23     A reduction by the commissioner does not reduce an educator's
1-24     salary.
 2-1           SECTION 2.  Effective September 1, 1999, Section 21.402,
 2-2     Education Code, is amended to read as follows:
 2-3           Sec. 21.402.  MINIMUM SALARY SCHEDULE FOR CLASSROOM TEACHERS
 2-4     AND FULL-TIME LIBRARIANS.  (a)  Except as provided by Subsection
 2-5     (c) [(d) or (e)], a school district must pay each classroom teacher
 2-6     or full-time librarian not less than the minimum annual [monthly]
 2-7     salary, based on the employee's level of experience, specified in
 2-8     Subsection (b) [determined by the following formula:]
 2-9                            [MS = SF X (FSP/ADA)]
2-10     [where:]
2-11           ["MS" is the minimum monthly salary;]
2-12           ["SF" is the applicable salary factor specified by Subsection
2-13     (c);]
2-14           ["FSP" is the amount appropriated in the General
2-15     Appropriations Act for the fiscal year for the Foundation School
2-16     Program, as determined by the commissioner as provided by
2-17     Subsection (b); and]
2-18           ["ADA" is the total estimated average daily attendance, as
2-19     defined by Section 42.005, used for purposes of the General
2-20     Appropriations Act for the fiscal year].
2-21           [(a-1)  Notwithstanding Subsection (a), for the 1997-1998 and
2-22     1998-1999 school years, "FSP" for purposes of Subsection (a):]
2-23                 [(1)  includes amounts appropriated in H.B. No. 4, Acts
2-24     of the 75th Legislature, Regular Session, 1997; and]
2-25                 [(2)  does not include the following amounts
2-26     appropriated in H.B. No.  1, Acts of the 75th Legislature, Regular
2-27     Session, 1997:]
 3-1                       [(A)  amounts appropriated under Rider 73
 3-2     following appropriations to the Texas Education Agency in Article
 3-3     III of that Act; or]
 3-4                       [(B)  amounts appropriated under Section 198 of
 3-5     Article IX of that Act.]
 3-6           [(a-2)  Subsection (a-1) and this subsection expire September
 3-7     1, 1999.]
 3-8           (b)  [Not later than June 1 of each year, the commissioner
 3-9     shall determine the amount appropriated for purposes of Chapter 42
3-10     for the state fiscal year beginning September 1.  The commissioner
3-11     shall exclude from the determination:]
3-12                 [(1)  amounts designated solely for use in connection
3-13     with school facilities or for payment of principal of and interest
3-14     on bonds; and]
3-15                 [(2)  local funds received under Subchapter D, Chapter
3-16     41.]
3-17           [(c)]  The minimum annual salaries [salary factors] per step
3-18     are as follows:
3-19     Years Experience       0         1         2         3         4
3-20     Salary [Factor]     25,000    26,000    27,000    28,000    29,000
3-21                         [.8470]   [.8699]   [.8928]   [.9156]   [.9639]
3-22     Years Experience      5         6         7         8         9
3-23     Salary [Factor]     30,000    30,750    31,500    32,250    33,000
3-24                        [1.0122]  [1.0605]  [1.1054]  [1.1477]  [1.1879]
3-25     Years Experience      10        11        12        13        14
3-26     Salary [Factor]     33,750    34,500    35,250    36,000    36,750
3-27                        [1.2256]  [1.2616]  [1.2955]  [1.3273]  [1.3578]
 4-1     Years Experience      15        16        17       18 and over [19]
 4-2     Salary [Factor]     37,500    38,250    39,000    40,500
 4-3                        [1.3862]  [1.4133]  [1.4387]  [1.4628]  [1.4857]
 4-4     [Years Experience 20 and over]
 4-5     [Salary Factor     1.5073]
 4-6           (c) [(d)  If the minimum monthly salary determined under
 4-7     Subsection (a)  for a particular level of experience is less than
 4-8     the minimum monthly salary for that level of experience in the
 4-9     preceding year, the minimum monthly salary is the minimum monthly
4-10     salary for the preceding year.]
4-11           [(e)]  Notwithstanding Subsection (a), a teacher or librarian
4-12     who received a career ladder supplement on August 31, 1993, is
4-13     entitled to at least the same gross annual [monthly] salary the
4-14     teacher or librarian received for the 1994-1995 school year as long
4-15     as the teacher or librarian is employed by the same district.
4-16           (d) [(f)]  In this section, "gross annual [monthly] salary"
4-17     must include the amount a teacher or librarian received that
4-18     represented a career ladder salary supplement under Section 16.057,
4-19     as that section existed January 1, 1993.
4-20           SECTION 3.  Effective September 1, 2000, Section 21.402,
4-21     Education Code, is amended by amending Subsection (c) and adding
4-22     Subsection (e) to read as follows:
4-23           [(c)]  The minimum annual salaries [salary factors] per step
4-24     are as follows:
4-25     Induction Years Experience               0     1 and over
4-26     Salary                                24,000     24,500
4-27     Fully Certified
 5-1     Years Experience       0         1         2         3         4
 5-2     Salary [Factor]     26,000    27,000    28,000    29,000    30,000
 5-3                         [.8470]   [.8699]   [.8928]   [.9156]   [.9639]
 5-4     Fully Certified
 5-5     Years Experience      5         6         7         8         9
 5-6     Salary [Factor]     31,000    31,750    32,500    33,250    34,000
 5-7                        [1.0122]  [1.0605]  [1.1054]  [1.1477]  [1.1879]
 5-8     Fully Certified
 5-9     Years Experience      10        11        12        13        14
5-10     Salary [Factor]     34,750    35,500    36,250    37,000    37,750
5-11                        [1.2256]  [1.2616]  [1.2955]  [1.3273]  [1.3578]
5-12     Fully Certified
5-13     Years Experience      15        16        17       18 and over [19]
5-14     Salary [Factor]     38,500    39,250    40,000    41,750    
5-15                        [1.3862]  [1.4133]  [1.4387]  [1.4628]  [1.4857]
5-16     [Years Experience 20 and over]
5-17     [Salary Factor]      [1.5073]
5-18           (e)  For purposes of this section, a teacher is fully
5-19     certified if the teacher holds a certificate issued under Section
5-20     21.057 as a staff teacher, senior teacher, or master teacher.
5-21           SECTION 4.  Effective September 1, 1999, Section 21.403,
5-22     Education Code, is amended by amending Subsection (a) and adding
5-23     Subsection (e) to read as follows:
5-24           (a)  A teacher or librarian shall advance one step on the
5-25     minimum salary schedule under Section 21.402 for each year of
5-26     experience as a teacher or librarian until step 18 [20] is reached.
5-27           (e)  For the 1999-2000 school year, each teacher or librarian
 6-1     who was on the minimum salary schedule for the 1998-1999 school
 6-2     year remains on the step that the teacher was on for the 1998-1999
 6-3     school year, except that a teacher or librarian who was at step 19
 6-4     or 20 shall be placed on the minimum salary schedule at step 18.
 6-5     Each teacher or librarian who was not on the minimum salary
 6-6     schedule for the 1998-1999 school year shall be placed on the
 6-7     schedule at step 0.  This subsection expires September 1, 2000.
 6-8           SECTION 5.  Effective September 1, 2000, Section 21.403,
 6-9     Education Code, is amended by amending Subsection (a) and adding
6-10     Subsection (f) to read as follows:
6-11           (a)  A teacher or librarian serving the induction period
6-12     required by Section 21.057(b)(1) shall be placed at induction level
6-13     step 0 for the first year of the induction period, shall advance to
6-14     induction level step 1 for the second or a subsequent year of the
6-15     induction period and, on becoming fully certified, shall be placed
6-16     at fully certified level step 0.  A fully certified teacher or
6-17     librarian shall advance one step on the minimum salary schedule
6-18     under Section 21.402 for each year of experience as a teacher or
6-19     librarian until step 18 [20] is reached. For purposes of this
6-20     section, a teacher is fully certified if the teacher holds a
6-21     certificate issued under Section 21.057 as a staff teacher, senior
6-22     teacher, or master teacher.
6-23           (f)  For the 2000-2001 school year, each fully certified
6-24     teacher or librarian shall advance one step on the minimum salary
6-25     schedule  from the step at which the teacher or librarian was on
6-26     for the 1999-2000 school year.  This subsection expires September
6-27     1, 2001.
 7-1           SECTION 6.  Subchapter I, Chapter 21, Education Code, is
 7-2     amended by adding Section 21.4031 to read as follows:
 7-3           Sec. 21.4031.  MINIMUM SALARY FOR SENIOR TEACHERS AND MASTER
 7-4     TEACHERS.  (a)  Notwithstanding Section 21.402 and except as
 7-5     provided by Subsection (c), the minimum salary for a classroom
 7-6     teacher who is certified under Section 21.057 as a senior teacher
 7-7     is 10 percent greater than the salary to which the teacher is
 7-8     entitled under Section 21.402.
 7-9           (b)  Notwithstanding Section 21.402 and except as provided by
7-10     Subsection (c), the minimum salary for a classroom teacher who is
7-11     certified under Section 21.057 as a master teacher is 21 percent
7-12     greater than the salary to which the teacher is entitled under
7-13     Section 21.402.
7-14           (c)  A classroom teacher who is certified under Section
7-15     21.057 as a senior teacher or master teacher is not entitled to the
7-16     minimum salary provided by this section unless the school district
7-17     employing the teacher has:
7-18                 (1)  established that the teacher's position as a
7-19     senior teacher or master teacher is necessary;
7-20                 (2)  selected the teacher to fill that position; and
7-21                 (3)  provided for that position in the district's
7-22     budget.
7-23           SECTION 7.  Subchapter F, Chapter 825, Government Code, is
7-24     amended by adding Section 825.518 to read as follows:
7-25           Sec. 825.518.  SUPPLEMENTAL BENEFITS DIVISION.  The
7-26     retirement system shall establish a supplemental benefits division
7-27     to establish and manage an employee-paid group insurance plan for
 8-1     public school teachers and their dependents that includes:
 8-2                 (1)  group life coverage;
 8-3                 (2)  accidental death and dismemberment coverage; and
 8-4                 (3)  short-term and long-term disability coverages.
 8-5           SECTION 8.  (a)  The Legislative Budget Board shall study the
 8-6     feasibility and possible implementation in the 2003-2004 school
 8-7     year of a state-paid group insurance plan to be administered by the
 8-8     Teacher Retirement System of Texas for public school teachers and
 8-9     their dependents that includes group life coverage, accidental
8-10     death and dismemberment coverage, basic health coverage, including
8-11     medical care and benefits, hospital care and benefits, surgical
8-12     care and treatment, obstetrical benefits, prescription drugs,
8-13     prosthetic devices and supplemental benefits, dental care, and
8-14     vision care, and short-term and long-term disability coverages.
8-15           (b)  The Legislative Budget Board shall report its findings
8-16     to the legislature not later than November 15, 2000.
8-17           SECTION 9.  (a)  Not later than November 1, 1999, the
8-18     governor shall appoint an advisory panel consisting of nine
8-19     members.  The panel shall study and make recommendations to the
8-20     77th Legislature for adoption of a minimum salary schedule for
8-21     classroom teachers and full-time librarians for the 2001-2002,
8-22     2002-2003, 2003-2004, and 2004-2005 school years.  The
8-23     recommendations must be designed to achieve the goal of
8-24     establishing a minimum salary schedule that, beginning with the
8-25     2004-2005 school year, meets or exceeds the national average for
8-26     teacher salaries, as adjusted for cost variances for differing
8-27     geographic regions of the country.  The recommendations must
 9-1     include a funding mechanism to be included in the Foundation School
 9-2     Program to permit school districts to pay the minimum teacher
 9-3     salaries without increasing district taxes.
 9-4           (b)  The recommendations must also include:
 9-5                 (1)  a staffing formula for determining the number of
 9-6     senior teachers and master teachers to which each school district
 9-7     is entitled; and
 9-8                 (2)  a funding mechanism to be included in the
 9-9     Foundation School Program to permit school districts to pay the
9-10     salaries of senior teachers and master teachers without increasing
9-11     district taxes.
9-12           SECTION 10.  (a)  Except as otherwise provided by this Act,
9-13     this Act takes effect September 1, 1999, but only if the General
9-14     Appropriations Act, 76th Legislature, Regular Session, 1999,
9-15     includes an appropriation to the Texas Education Agency for the
9-16     Foundation School Program that:
9-17                 (1)  is equal for each year of the state fiscal
9-18     biennium beginning September 1, 1999, to the cost for that year to
9-19     school districts of the increase in the minimum salary schedule for
9-20     classroom teachers and full-time librarians under Section 21.402,
9-21     Education Code, as amended by this Act; and
9-22                 (2)  may only be used for funding to school districts
9-23     to pay the increase in the minimum salary schedule for classroom
9-24     teachers and full-time librarians.
9-25           (b)  Sections 3, 5, 6, and 9(b) of this Act take effect only
9-26     if S.B. No.  ____, 76th Legislature, Regular Session, 1999, is
9-27     enacted and becomes law.  If S.B. No. ____, 76th Legislature,
 10-1    Regular Session, 1999, is not enacted or does not become law,
 10-2    Sections 3, 5, 6, and 9(b) of this Act have no effect.
 10-3          SECTION 11.  The importance of this legislation and the
 10-4    crowded condition of the calendars in both houses create an
 10-5    emergency and an imperative public necessity that the
 10-6    constitutional rule requiring bills to be read on three several
 10-7    days in each house be suspended, and this rule is hereby suspended.