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.
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