H.B. 1253 78(R)    BILL ANALYSIS


H.B. 1253
By: Crownover
Public Education
Committee Report (Unamended)



BACKGROUND
 
Under current law, a school district must pay each classroom teacher,
full-time librarian, or school nurse a minimum monthly salary. Because
there is no exemption from the state minimum salary schedule, districts
must pay rehired retirees salaries for their past years of service .
Without a specific exemption for retirees, districts assume they are
obligated to pay all teachers on the same local salary schedule.   


PURPOSE

House Bill 1253 amends the Education Code contract entitlement provisions
to clarify that a district may employ a Teacher Retirement System retiree
under a non-Chapter 21 contract or at-will. The purpose of this bill is to
give retired teachers and  independent school districts greater latitude
in determining the salary for retired teachers who are rehired. 
 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


ANALYSIS

House Bill 1253 amends the Education Code to provide that a school
district is not required to employ under a probationary, continuing, or
term contract an educator who receives a service retirement annuity, and
such an employee is an at-will employee. The bill stipulates that a school
district is not required to pay the minimum salary determined by the
minimum salary schedule for certain professional staff formula (Section
21.402, Education Code) to an educator who receives a service retirement
annuity. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the  necessary vote, the Act
takes effect September 1, 2003.