1-1 By: Van de Putte S.B. No. 1446
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Education; April 17, 2001,
1-4 reported favorably by the following vote: Yeas 7, Nays 0;
1-5 April 17, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to severance payments to superintendents of independent
1-9 school districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (c), Section 11.201, Education Code,
1-12 is amended to read as follows:
1-13 (c) For purposes of this subsection, "severance payment"
1-14 means any amount paid by the board of trustees of an independent
1-15 school district to or in behalf of a superintendent on early
1-16 termination of the superintendent's contract that exceeds the
1-17 amount earned by the superintendent under the contract as of the
1-18 date of termination, including any amount that exceeds the amount
1-19 of earned standard salary and benefits that is paid as a condition
1-20 of early termination of the contract. The [A] board of trustees
1-21 [of an independent school district] that makes a severance payment
1-22 to a superintendent shall report the terms of the severance payment
1-23 to the commissioner. The commissioner shall reduce the district's
1-24 Foundation School Program funds [for the school year following the
1-25 school year in which the first payment is made] by any amount that
1-26 the amount of the severance payment to the superintendent exceeds
1-27 an amount equal to one year's salary and benefits under the
1-28 superintendent's terminated contract [an amount equal to the
1-29 severance payment made by the board of trustees to the
1-30 superintendent]. The commissioner may adopt rules as necessary to
1-31 administer this subsection.
1-32 SECTION 2. Subsection (c), Section 11.201, Education Code,
1-33 as amended by this Act, applies only to a severance payment made by
1-34 the board of trustees of an independent school district to a
1-35 superintendent under an agreement entered into on or after the
1-36 effective date of this Act. A severance payment made by the board
1-37 of trustees to a superintendent under an agreement entered into
1-38 before the effective date of this Act is governed by the law in
1-39 effect at the time the agreement was made, and that law is
1-40 continued in effect for that purpose.
1-41 SECTION 3. This Act takes effect September 1, 2001.
1-42 * * * * *