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.