78R3517 ESH-D

By:  Crownover                                                    H.B. No. 1253



A BILL TO BE ENTITLED

AN ACT

relating to the employment status and salary entitlement of public 
school educators who receive retirement benefits under the Teacher 
Retirement System of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.002, Education Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  Except as provided by Subsection (a-1), a [A] school 
district shall employ each classroom teacher, principal, 
librarian, nurse, or counselor under:
		(1)  a probationary contract, as provided by Subchapter 
C;                  
		(2)  a continuing contract, as provided by Subchapter 
D; or                 
		(3)  a term contract, as provided by Subchapter E.                            
	(a-1)  A school district is not required to employ under a 
probationary, continuing, or term contract an educator who receives 
a service retirement annuity under Chapter 824, Government Code, 
and such an employee is an at-will employee.
	SECTION 2.  Section 21.402, Education Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  Except as provided by Subsection (a-1), (d), (e), or 
(f), a school district must pay each classroom teacher, full-time 
librarian, full-time counselor certified under Subchapter B, or 
full-time school nurse not less than the minimum monthly salary, 
based on the employee's level of experience, determined by the 
following formula:

MS = SF X FS

where:                                                                        
	"MS" is the minimum monthly salary;                                            
	"SF" is the applicable salary factor specified by Subsection 
(c); and        
	"FS" is the amount, as determined by the commissioner under 
Subsection (b), of state and local funds per weighted student 
available to a district eligible to receive state assistance under 
Section 42.302 with an enrichment tax rate, as defined by Section 
42.302, equal to the maximum rate authorized under Section 42.303, 
except that the amount of state and local funds per weighted student 
does not include the amount attributable to the increase in the 
guaranteed level made by Chapter 1187 [H.B. No. 3343], Acts of the 
77th Legislature, Regular Session, 2001.
	(a-1)  A school district is not required to pay the minimum 
salary determined under Subsection (a) to an educator who receives 
a service retirement annuity under Chapter 824, Government Code.
	SECTION 3.  (a)  Section 21.002, Education Code, as amended 
by this Act, does not apply to an employment contract between an 
educator and a school district that is entered into before the 
effective date of this Act.
	(b)  Section 21.402, Education Code, as amended by this Act, 
does not apply to the salary of an educator employed under a 
contract entered into before the effective date of this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.