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78R4638 SMJ-D

By:  Van de Putte                                                 S.B. No. 816



A BILL TO BE ENTITLED

AN ACT

relating to the payment of retirement benefits to certain retirees 
of the Teacher Retirement System of Texas who are employed as 
faculty members at a college of education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 824.602(a), Government Code, as amended 
by Section 1, Chapter 567, Acts of the 77th Legislature, Regular 
Session, 2001, and Section 12, Chapter 1229, Acts of the 77th 
Legislature, Regular Session, 2001, is amended to read as follows:
	(a)  Subject to Section 825.506, the retirement system may 
not, under Section 824.601, withhold a monthly benefit payment if 
the retiree is employed in a Texas public educational institution:
		(1)  as a substitute only with pay not more than the 
daily rate of substitute pay established by the employer and, if the 
retiree is a disability retiree, the employment has not exceeded a 
total of 90 days in the school year;
		(2)  in a position, other than as a substitute, on no 
more than a one-half time basis for the month;
		(3)  in one or more positions on as much as a full-time 
basis, if the work occurs in not more than six months of a school 
year that begins after the retiree's effective date of retirement;
		(4)  in a position, other than as a substitute, on no 
more than a one-half time basis for no more than 90 days in the 
school year, if the retiree is a disability retiree;
		(5)  in a position as a classroom teacher on as much as 
a full-time basis, if the retiree has retired under Section 
824.202(a), is certified under Subchapter B, Chapter 21, Education 
Code, to teach the subjects assigned, is teaching in an acute 
shortage area as determined by the board of trustees of a school 
district as provided by Subsection (m), and has been separated from 
service with all public schools for at least 12 months; [or]
		(6)  in a position as a principal, including as an 
assistant principal, on as much as a full-time basis, if the retiree 
has retired under Section 824.202(a) without reduction for 
retirement at an early age, is certified under Subchapter B, 
Chapter 21, Education Code, to serve as a principal, and has been 
separated from service with all public schools for at least 12 
months;[.]
		(7) [(6)]  as a bus driver for a school district on as 
much as a full-time basis, if the retiree has retired under Section 
824.202(a); or
		(8)  in a position as a member of the faculty of a 
college of education within the institution, if the retiree has 
retired under Section 824.202(a) without reduction for retirement 
at an early age.
	SECTION 2.  Section 824.602(a), Government Code, as amended 
by this Act, applies beginning with the 2003-2004 school year.
	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.