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.
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