1-1 By: Smith, et al. (Senate Sponsor - Van de Putte) H.B. No. 3147
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on
1-4 Education; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to allowing certain retirees of the Teacher Retirement
1-9 System of Texas to be employed as principals without losing
1-10 retirement benefits.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 824.602(a), Government Code, is amended
1-13 to read as follows:
1-14 (a) Subject to Section 825.506, the retirement system may
1-15 not, under Section 824.601, withhold a monthly benefit payment if
1-16 the retiree is employed in a Texas public educational institution:
1-17 (1) as a substitute only with pay not more than the
1-18 daily rate of substitute pay established by the employer and, if
1-19 the retiree is a disability retiree, the employment has not
1-20 exceeded a total of 90 days in the school year;
1-21 (2) in a position, other than as a substitute, on no
1-22 more than a one-half time basis for the month;
1-23 (3) in one or more positions on as much as a full-time
1-24 basis, if the work occurs in not more than six months of a school
1-25 year that begins after the retiree's effective date of retirement;
1-26 (4) in a position, other than as a substitute, on no
1-27 more than a one-half time basis for no more than 90 days in the
1-28 school year, if the retiree is a disability retiree; [or]
1-29 (5) in a position as a classroom teacher on as much as
1-30 a full-time basis, if the retiree has retired under Section
1-31 824.202(a) without reduction for retirement at an early age, is
1-32 certified under Subchapter B, Chapter 21, Education Code, to teach
1-33 the subjects assigned, is teaching in an acute shortage area as
1-34 defined by the commissioner of education, and has been separated
1-35 from service with all public schools for at least 12 months; or
1-36 (6) in a position as a principal, including as an
1-37 assistant principal, on as much as a full-time basis, if the
1-38 retiree has retired under Section 824.202(a) without reduction for
1-39 retirement at an early age, is certified under Subchapter B,
1-40 Chapter 21, Education Code, to serve as a principal, and has been
1-41 separated from service with all public schools for at least 12
1-42 months.
1-43 SECTION 2. Section 824.602(a), Government Code, as amended
1-44 by this Act, applies beginning with the 2001-2002 school year.
1-45 SECTION 3. This Act takes effect immediately if it receives
1-46 a vote of two-thirds of all the members elected to each house, as
1-47 provided by Section 39, Article III, Texas Constitution. If this
1-48 Act does not receive the vote necessary for immediate effect, this
1-49 Act takes effect September 1, 2001.
1-50 * * * * *