By Delisi                                              H.B. No. 881
         77R2505 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing certain retirees of the Teacher Retirement
 1-3     System of Texas to be employed as classroom teachers without losing
 1-4     retirement benefits.
 1-6           SECTION 1.  Section 824.602(a), Government Code, is amended
 1-7     to read as follows:
 1-8           (a)  Subject to Section 825.506, the retirement system may
 1-9     not, under Section 824.601, withhold a monthly benefit payment if
1-10     the retiree is employed in a Texas public educational institution:
1-11                 (1)  as a substitute only with pay not more than the
1-12     daily rate of substitute pay established by the employer and, if
1-13     the retiree is a disability retiree, the employment has not
1-14     exceeded a total of 90 days in the school year;
1-15                 (2)  in a position, other than as a substitute, on no
1-16     more than a one-half time basis for the month;
1-17                 (3)  in one or more positions on as much as a full-time
1-18     basis, if the work occurs in not more than six months of a school
1-19     year that begins after the retiree's effective date of retirement;
1-20                 (4)  in a position, other than as a substitute, on no
1-21     more than a one-half time basis for no more than 90 days in the
1-22     school year, if the retiree is a disability retiree; or
1-23                 (5)  in a position as a classroom teacher on as much as
1-24     a full-time basis, if the retiree has retired under Section
 2-1     824.202(a) without reduction for retirement at an early age, is
 2-2     certified under Subchapter B, Chapter 21, Education Code, to teach
 2-3     the subjects assigned, is teaching in an acute shortage area as
 2-4     defined by the board of trustees of a school district [the
 2-5     commissioner of education], and has been separated from service
 2-6     with all public schools for at least 12 months.
 2-7           SECTION 2. This Act applies beginning with the 2001-2002
 2-8     school year.
 2-9           SECTION 3.  This Act takes effect immediately if it receives
2-10     a vote of two-thirds of all the members elected to each house, as
2-11     provided by Section 39, Article III, Texas Constitution.  If this
2-12     Act does not receive the vote necessary for immediate effect, this
2-13     Act takes effect September 1, 2001.