HBA-TBM C.S.S.B. 1317 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1317 By: Staples Pensions & Investments 5/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, state law prohibits retirees from the public education system from being rehired without a loss of benefits by the retiree. The 76th Legislature passed legislation to make it easier for retirees to reenter the classroom, but there are still barriers for districts attempting to address shortages in teachers and support personnel. C.S.S.B. 1317 prohibits the Teacher Retirement System of Texas from reducing retirement benefits for retirees who return to service with public schools and who were separated from service with all public schools on or before January 1, 2001, and allows local school boards to determine shortage areas in the school districts based on guidelines adopted by the commissioner of education. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.S.B. 1317 amends the Government Code to prohibit the Teacher Retirement System of Texas (TRS) from withholding a monthly benefit payment if a retiree is employed in a Texas public educational institution in a position as a classroom teacher on as much as a full-time basis if the retiree is teaching in a shortage area as determined by the school district, has been separated from service with all public schools on or before January 1, 2001, has retired without reduction for retirement at an early age, and is certified to teach the subjects assigned. The bill also prohibits TRS from withholding a monthly benefit payment if a retiree is employed in a Texas public educational institution in a position other than as a classroom teacher in a shortage area as determined by the school district on as much as a full-time basis if the retiree has retired without a reduction for retirement at an early age and has been separated from service with all public schools on or before January 1, 2001. The bill provides that a reference to a substitute does not include a substitute superintendent of a school district. The bill requires the board of trustees of a school district by rule to determine whether there are acute shortage areas in the district. A determination must be based on acute shortage area guidelines that are adopted by the commissioner of education (commissioner). The guidelines adopted by the commissioner must include a list of acute shortage areas, suggested criteria for identifying local acute shortage areas, and a requirement that a preference in hiring be given to a certified teacher who is an applicant for a position as a classroom teacher and who is not a retiree. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. The Act applies beginning with the 2001-2002 school year. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1317 differs from the original by requiring the board of trustees of a school district by rule to determine whether there are acute shortage areas in a district based on guidelines adopted by the commissioner of education. The substitute sets forth the criteria the guidelines must include.