SRC-EPT S.B. 1628 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1628
By: Shapiro
State Affairs
4/2/2003
As Filed


DIGEST AND PURPOSE 

According to a February 2003 Attorney General Opinion (GA-0018), former
teachers temporarily employed by third-party contractors who provide
educational services to school districts are not considered professional
employees, and thereby do not forfeit their retirement benefits.  As
proposed, S.B. 1628 clarifies that individuals employed by a company that
contracts with a public school and who performs the duties of a teacher
are considered school employees who are not entitled to benefits unless
they have fulfilled existing return-to-work provisions.  S.B. 1628 also
allows the Teacher Retirement System to adopt rules regarding the status
of third party employees as necessary. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Teacher Retirement System in
SECTION 1 (Section 824.601, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 824.601, Government Code to provide that a
retiree who is an employee of a third-party entity is deemed to be
employed by a Texas public educational institution for purposes of this
subchapter if the third-party entity is retained by a Texas public
educational institution to provide staff or personnel to the Texas public
educational institution and the staff or personnel perform duties or
provide services normally rendered by an employee of that Texas public
educational institution, unless the retiree does not actually perform the
duties or render services on behalf of or for the benefit of the Texas
public educational institution. Authorizes the Teacher Retirement System
to adopt rules relating to this subchapter as considered necessary by the
system.  

SECTION 2.  Effective date:  upon passage or September 1, 2003.