1-1 By: Staples S.B. No. 1317
1-2 (In the Senate - Filed March 8, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Education; April 30, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 0; April 30, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1317 By: Staples
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to allowing certain retirees of the Teacher Retirement
1-10 System of Texas to be employed without losing retirement benefits.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 824.602, Government Code, is amended by
1-13 amending Subsection (a) and adding Subsection (m) to read as
1-14 follows:
1-15 (a) Subject to Section 825.506, the retirement system may
1-16 not, under Section 824.601, withhold a monthly benefit payment if
1-17 the retiree is employed in a Texas public educational institution:
1-18 (1) as a substitute only with pay not more than the
1-19 daily rate of substitute pay established by the employer and, if
1-20 the retiree is a disability retiree, the employment has not
1-21 exceeded a total of 90 days in the school year;
1-22 (2) in a position, other than as a substitute, on no
1-23 more than a one-half time basis for the month;
1-24 (3) in one or more positions on as much as a full-time
1-25 basis, if the work occurs in not more than six months of a school
1-26 year that begins after the retiree's effective date of retirement;
1-27 (4) in a position, other than as a substitute, on no
1-28 more than a one-half time basis for no more than 90 days in the
1-29 school year, if the retiree is a disability retiree; [or]
1-30 (5) in a position as a classroom teacher on as much as
1-31 a full-time basis, if the retiree has retired under Section
1-32 824.202(a) without reduction for retirement at an early age, is
1-33 certified under Subchapter B, Chapter 21, Education Code, to teach
1-34 the subjects assigned and:
1-35 (A) [,] is teaching in an acute shortage area
1-36 as defined by the commissioner of education, and has been separated
1-37 from service with all public schools for at least 12 months; or
1-38 (B) is teaching in a shortage area as defined by
1-39 the school district and has been separated from service with all
1-40 public schools on or before January 1, 2001; or
1-41 (6) in a position other than as a classroom teacher in
1-42 a shortage area as defined by the school district on as much as a
1-43 full-time basis, if the retiree has retired under Section
1-44 824.202(a) without reduction for retirement at an early age and has
1-45 been separated from service with all public schools on or before
1-46 January 1, 2001.
1-47 (m) A reference to a substitute in this section does not
1-48 include a substitute superintendent of a school district.
1-49 SECTION 2. Section 824.602, Government Code, as amended by
1-50 this Act, applies beginning with the 2001-2002 school year.
1-51 SECTION 3. This Act takes effect immediately if it receives
1-52 a vote of two-thirds of all the members elected to each house, as
1-53 provided by Section 39, Article III, Texas Constitution. If this
1-54 Act does not receive the vote necessary for immediate effect, this
1-55 Act takes effect September 1, 2001.
1-56 * * * * *