78R3515 ESH-D

By:  Madden                                                       H.B. No. 1277



A BILL TO BE ENTITLED

AN ACT

relating to assignments, pledges, or transfers of school employees' 
salaries or wages.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.002, Education Code, is amended by 
amending Subsection (b) and adding Subsection (b-1) to read as 
follows:
	(b)  Any school employee's assignment, pledge, or transfer, 
as security for indebtedness, of any interest in or part of the 
employee's salary or wages then due or that may become due under an 
existing contract of employment is enforceable only:
		(1)  if, before or at the time of execution, delivery, 
or acceptance of an assignment, pledge, or transfer, the employee 
obtains the written approval of the employing school district [is 
obtained] in accordance with district [the] policy; [of the 
employing school district; and]
		(2)  if, not later than the 14th day before the first 
day of instruction for the school year to which the assignment, 
pledge, or transfer is to be effective, the employee:
			(A)  delivers a copy of the assignment, pledge, or 
transfer to the school district; and
			(B)  pays any applicable administrative fee; and                      
		(3)  to the extent that the indebtedness the 
assignment, pledge, or transfer [it] secures is a valid and 
enforceable obligation.
	(b-1)  A school district may charge a school employee a 
reasonable administrative fee for honoring an assignment, pledge, 
or transfer under this section.
	SECTION 2.  Section 22.002, Education Code, as amended by 
this Act, applies only to an assignment, pledge, or transfer of a 
school employee's salary or wages for which written approval of the 
employing school district is obtained on or after the effective 
date of this Act.  An assignment, pledge, or transfer of a school 
employee's salary or wages for which written approval of the 
employing school district is obtained before the effective date of 
this Act is governed by this law in effect on the date the approval 
was obtained, and the former law is continued in effect for that 
purpose.
	SECTION 3.  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.