By Staples S.B. No. 1317
Substitute the following for S.B. No. 1317:
By Rangel C.S.S.B. No. 1317
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the employment and benefits of certain retirees of the
1-3 Teacher Retirement System of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 824.602, Government Code, is amended by
1-6 amending Subsection (a) and adding Subsections (m) and (n) to read
1-7 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 and:
2-4 (A) [,] 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 (B) is teaching in a shortage area as determined
2-8 by the school district and has been separated from service with all
2-9 public schools on or before January 1, 2001; or
2-10 (6) in a position other than as a classroom teacher in
2-11 a shortage area, as determined by the school district, on as much
2-12 as a full-time basis, if the retiree has retired under Section
2-13 824.202(a) without reduction for retirement at an early age and has
2-14 been separated from service with all public schools on or before
2-15 January 1, 2001.
2-16 (m) A reference in this section to a substitute does not
2-17 include a substitute superintendent of a school district.
2-18 (n) For purposes of Subsection (a), the board of trustees of
2-19 a school district by rule shall determine whether there are acute
2-20 shortage areas in the district. A determination must be based on
2-21 acute shortage area guidelines that are adopted by the commissioner
2-22 of education. The guidelines adopted by the commissioner of
2-23 education must include:
2-24 (1) a list of acute shortage areas;
2-25 (2) suggested criteria for identifying local acute
2-26 shortage areas; and
2-27 (3) a requirement that a preference in hiring be given
3-1 to a certified teacher who is an applicant for a position as a
3-2 classroom teacher and who is not a retiree.
3-3 SECTION 2. Section 824.602, Government Code, as amended by
3-4 this Act, applies beginning with the 2001-2002 school year.
3-5 SECTION 3. This Act takes effect immediately if it receives
3-6 a vote of two-thirds of all the members elected to each house, as
3-7 provided by Section 39, Article III, Texas Constitution. If this
3-8 Act does not receive the vote necessary for immediate effect, this
3-9 Act takes effect September 1, 2001.