By Olivo, et al.                                      H.B. No. 1438
         77R13088 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to minimum salaries for interpreters employed in public
 1-3     schools to provide interpreting services to students who are deaf
 1-4     or hard of hearing.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter A, Chapter 22, Education Code, is
 1-7     amended by adding Section 22.007 to read as follows:
 1-8           Sec. 22.007.  MINIMUM ANNUAL SALARY FOR INTERPRETERS.  (a)
 1-9     Except as otherwise provided by this section, a school district
1-10     shall pay each interpreter employed by the district to provide
1-11     interpreting services to district students who are deaf or hard of
1-12     hearing an annual salary equal to not less than the following
1-13     amount, as appropriate, based on the interpreter's level of
1-14     certification:
1-15     LEVEL OF CERTIFICATION               MINIMUM ANNUAL SALARY
1-16     No certification                             $13,000
1-17     Level I                                      $16,000
1-18     Level II                                     $18,500
1-19     Level III                                    $20,000
1-20     Level IV                                     $21,500
1-21     Level V                                      $23,000
1-22           (b)  The minimum annual salary required under Subsection (a)
1-23     is based on employment of an interpreter under a 10-month contract
1-24     under which the interpreter provides the number of days of service
 2-1     required to be provided by an educator under Section 21.401.  A
 2-2     school district shall pay an interpreter employed under a different
 2-3     arrangement an adjusted salary that proportionately reflects the
 2-4     different number of days of service provided by the interpreter.
 2-5           (c)  A school district may not pay an interpreter employed by
 2-6     the district to provide interpreting services to district students
 2-7     who are deaf or hard of hearing an annual salary in an amount that
 2-8     is less than the amount of the annual salary that the district paid
 2-9     during the 1999-2000 school year to an interpreter with the same
2-10     level of certification.
2-11           (d)  Each time professional employees specified by Section
2-12     21.402 are provided a raise in minimum salary under that section, a
2-13     school district shall provide a proportionate raise to
2-14     interpreters.
2-15           (e)  In this section, an interpreter's level of certification
2-16     is determined according to the level of the interpreter's
2-17     certification issued by the Board for Evaluation of Interpreters or
2-18     the Texas Commission for the Deaf and Hard of Hearing or other
2-19     comparable certification approved by the commission.
2-20           SECTION 2. Subchapter E, Chapter 42, Education Code, is
2-21     amended by adding Section 42.2513 to read as follows:
2-22           Sec. 42.2513.  TRANSITION AID FOR INTERPRETERS' SALARIES. (a)
2-23     From funds appropriated to the agency for purposes of this section,
2-24     for the 2001-2002 and 2002-2003 school years, a school district,
2-25     including a school district that is otherwise ineligible for state
2-26     aid under this chapter, is entitled to state aid in an amount, as
2-27     determined by the commissioner, necessary for the district to pay
 3-1     the costs of interpreters' salaries as prescribed by Section
 3-2     22.007.
 3-3           (b)  A determination by the commissioner under this section
 3-4     is final and may not be appealed.
 3-5           (c)  The commissioner may adopt rules as necessary to
 3-6     implement this section.
 3-7           (d)  This section expires September 1, 2003.
 3-8           SECTION 3.  Section 22.007, Education Code, as added by this
 3-9     Act, applies beginning with the 2001-2002 school year.
3-10           SECTION 4.  (a)  Except as provided by Subsection (b), this
3-11     Act takes effect immediately if it receives a vote of two-thirds of
3-12     all the members elected to each house, as provided by Section 39,
3-13     Article III, Texas Constitution.  If this Act does not receive the
3-14     vote necessary for immediate effect, this Act takes effect
3-15     September 1, 2001.
3-16           (b)  Section 2 of this Act takes effect September 1, 2001.