SRC-CTC C.S.S.B. 1317 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1317
By: Staples
Education
4/27/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, state law prohibits retirees from the public education system
from being rehired without a loss in 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 from reducing retirement benefits
for retirees who return to service with public schools and where separated
from service with all public schools on or before January 1, 2001 and
allows local superintendents to define shortage areas in their districts.
These changes allow districts better access to the talent pool of retirees
and to respond better to critical shortages at the local level. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 824.602, Government Code, to prohibit the
Teachers Retirement System (retirement system) from withholding a monthly
benefit payment from a retiree if the retiree is employed in a Texas public
educational institution and is, among other conditions, teaching in a
shortage area as defined by the school district and has been separated from
service with all public school on or before January 1, 2001.  Prohibits the
retirement system from withholding a monthly benefit from a retiree if the
retiree is employed in a Texas public educational institution in a position
other than a classroom teacher in a shortage area as defined by the school
district on as much as a full-time basis, if the retiree has retired under
Section 824.202(a) without reduction for retirement at an early age and has
been separated from service with all public schools on or before January 1,
2001.  Provides that a reference to a substitute in this section does not
include a substitute superintendent of a school district. 

SECTION 2.  Makes application of this Act prospective to the 2001-2002
school year. 

SECTION 3.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by maintaining original text relating to an acute
shortage area as defined by the commissioner of education.  Amends proposed
text relating to a retiree teaching or working in a position other than as
a teacher in a shortage area as defined by the school district.  Adds the
provision regarding substitute superintendents.