2003S0550-1 03/10/03


By:  Shapiro                                                      S.B. No. 1628


A BILL TO BE ENTITLED

AN ACT

relating to third-party entity employment in the public schools.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 824.601, Government Code, is amended to 
read as follows: 
	Sec. 824.601.  LOSS OF MONTHLY BENEFITS.  Except as provided 
by Section 824.602, a retiree is not entitled to service or 
disability retirement benefit payments, as applicable, for any 
month in which the retiree is employed in any position by a Texas 
public educational institution. A Texas public educational 
institution, for the purposes of this subchapter, is any entity 
included in the definition of "employer" or "public school" in 
Section 821.001 or any entity in whose employment the retiree has 
earned credit as a member of the retirement system.  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.  The 
retirement system may adopt rules relating to this subchapter as 
considered necessary by the system.  Loss of benefits under this 
section does not extend any period of guaranteed benefits elected 
pursuant to Section 824.204.
	SECTION 2.  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.