By Smith                                               H.B.No. 3147
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 824.602(a), Government Code, is amended to
 1-7     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
 2-1     a full-time basis, if the retiree has retired under Section
 2-2     824.202(a) without reduction for retirement at an early age, is
 2-3     certified under Subchapter B, Chapter 21, Education Code, to teach
 2-4     the subjects assigned, is teaching in an acute shortage area as
 2-5     defined by the commissioner of education and has been separated
 2-6     from service with all public schools for at least 12 months; or[.]
 2-7                 (6)  in a position as a principal, including an
 2-8     assistant principal, on as much as a full-time basis, if the
 2-9     retiree has retired under Section 824.202(a) without reduction for
2-10     retirement at an early age, is certified under Subchapter B,
2-11     Chapter 21, Education Code, to serve as a principal, and has been
2-12     separated from service with all public schools for at least 12
2-13     months.
2-14           SECTION 2.  This Act applies beginning with the 2001-2002
2-15     school year.
2-16           SECTION 3.  This Act takes effect immediately if it receives
2-17     a vote of two-thirds of all the members elected to each house, as
2-18     provided by Section 39, Article III, Texas Constitution.  If this
2-19     Act does not receive the vote necessary for immediate effect, this
2-20     Act takes effect September 1, 2001.