79S20087 HLT-D



By:  Herrero                                                      H.B. No. 40 







A BILL TO BE ENTITLED



AN ACT



relating to social security coverage for employees of public school 

districts.

	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        

	SECTION 1.  (a)  Not later than May 31, 2006, each public 

school district in this state not currently participating in an 

agreement under Subchapter B, Chapter 606, Government Code, to 

provide social security coverage to all of the employees of the 

district, shall conduct a referendum by secret ballot of the 

employees of the district, as required by Section 218, Social 

Security Act (42 U.S.C. Section 418), to determine whether a 

majority of the employees are in favor of being included in the 

agreement of this state with the Commissioner of Social Security or 

the individual designated by the commissioner to administer 

coverage of the Social Security Act to employees of a state and its 

political subdivisions.

	(b)  If a majority of the employees of a school district vote 

in favor of entering into the agreement to provide social security 

coverage, the board of trustees of the school district shall as soon 

as practicable submit the necessary plan to the state social 

security administrator to effect the participation of the school 

district under Subchapter B, Chapter 606, Government Code.

	SECTION 2.  This Act expires January 1, 2007.                                  

	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 on the 91st day after the last day of the 

legislative session.