By Staples                                            S.B. No. 1317
         77R2667 SMJ-D                           
                                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 without losing  retirement benefits.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 824.602(a), Government Code, is amended
 1-6     to read as follows:
 1-7           (a)  Subject to Section 825.506, the retirement system may
 1-8     not, under Section 824.601, withhold a monthly benefit payment if
 1-9     the retiree is employed in a Texas public educational institution:
1-10                 (1)  as a substitute only with pay not more than the
1-11     daily rate of substitute pay established by the employer and, if
1-12     the retiree is a disability retiree, the employment has not
1-13     exceeded a total of 90 days in the school year;
1-14                 (2)  in a position, other than as a substitute, on no
1-15     more than a one-half time basis for the month;
1-16                 (3)  in one or more positions on as much as a full-time
1-17     basis, if the work occurs in not more than six months of a school
1-18     year that begins after the retiree's effective date of retirement;
1-19                 (4)  in a position, other than as a substitute, on no
1-20     more than a one-half time basis for no more than 90 days in the
1-21     school year, if the retiree is a disability retiree; [or]
1-22                 (5)  in a position as a classroom teacher on as much as
1-23     a full-time basis, if the retiree has retired under Section
1-24     824.202(a) without reduction for retirement at an early age, is
 2-1     certified under Subchapter B, Chapter 21, Education Code, to teach
 2-2     the subjects assigned, [is teaching in an acute shortage area as
 2-3     defined by the commissioner of education,] and has been separated
 2-4     from service with all public schools for at least two [12] months;
 2-5     or
 2-6                 (6)  in a position other than as a classroom teacher on
 2-7     as much as a full-time basis, if the retiree has retired under
 2-8     Section 824.202(a) without reduction for retirement at an early age
 2-9     and has been separated from service with all public schools for at
2-10     least two months.
2-11           SECTION 2.  Section 824.602(a), Government Code, as amended
2-12     by this Act, applies beginning with the 2001-2002 school year.
2-13           SECTION 3.  This Act takes effect immediately if it receives
2-14     a vote of two-thirds of all the members elected to each house, as
2-15     provided by Section 39, Article III, Texas Constitution.  If this
2-16     Act does not receive the vote necessary for immediate effect, this
2-17     Act takes effect September 1, 2001.