79R2853 ESH-D

By:  Pena                                                         H.B. No. 355



A BILL TO BE ENTITLED

AN ACT

relating to stipends for public school teachers assigned to 
campuses serving a high percentage of low-income students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter I, Chapter 21, Education Code, is 
amended by adding Section 21.418 to read as follows:
	Sec. 21.418.  STIPEND FOR TEACHERS AT CAMPUSES SERVING 
LOW-INCOME STUDENTS.  (a)  Each classroom teacher assigned to a 
campus at which at least 75 percent of the students are 
educationally disadvantaged is entitled to an annual stipend of 
$1,500.
	(b)  A stipend a teacher receives under this section:                   
		(1)  is in addition to the regular salary to which a 
teacher is otherwise entitled under the district's salary schedule; 
and
		(2)  is not considered in determining whether the 
district is paying the teacher the minimum monthly salary under 
Section 21.402.
	(c)  A stipend a teacher receives under this section shall be 
paid using funds appropriated for that purpose.  The commissioner 
shall distribute the funds to each school district with one or more 
campuses described by Subsection (a).  A teacher is entitled to a 
stipend under this section only to the extent sufficient state 
funds are appropriated for that purpose.  If state funds are 
appropriated but are insufficient to fully fund the stipends:
		(1)  the commissioner shall reduce the amount paid for 
the stipends to each district with one or more campuses described by 
Subsection (a); and
		(2)  the district shall reduce the amount of the 
stipend the district pays to each teacher entitled to a stipend 
under this section proportionately so that each teacher receives 
the same amount of money.
	(d)  A decision of the commissioner concerning the amount of 
money to which a school district is entitled under this section is 
final and may not be appealed.  Each district shall, in the manner 
and at the time prescribed by the commissioner, provide to the 
commissioner proof acceptable to the commissioner of the employment 
of a teacher entitled to a stipend under this section.
	(e)  The commissioner may adopt rules necessary to 
administer this section.
	SECTION 2.  Section 822.201(b), Government Code, is amended 
to read as follows:
	(b)  "Salary and wages" as used in Subsection (a) means:                       
		(1)  normal periodic payments of money for service the 
right to which accrues on a regular basis in proportion to the 
service performed;
		(2)  amounts by which the member's salary is reduced 
under a salary reduction agreement authorized by Chapter 610;
		(3)  amounts that would otherwise qualify as salary and 
wages under Subdivision (1) but are not received directly by the 
member pursuant to a good faith, voluntary written salary reduction 
agreement in order to finance payments to a deferred compensation 
or tax sheltered annuity program specifically authorized by state 
law or to finance benefit options under a cafeteria plan qualifying 
under Section 125, [of the] Internal Revenue Code of 1986, if:
			(A)  the program or benefit options are made 
available to all employees of the employer; and
			(B)  the benefit options in the cafeteria plan are 
limited to one or more options that provide deferred compensation, 
group health and disability insurance, group term life insurance, 
dependent care assistance programs, or group legal services plans;
		(4)  performance pay awarded to an employee by a school 
district as part of a total compensation plan approved by the board 
of trustees of the district and meeting the requirements of 
Subsection (e);
		(5)  the benefit replacement pay a person earns under 
Subchapter H, Chapter 659, except as provided by Subsection (c);
		(6)  stipends paid to teachers in accordance with 
Section 21.410, 21.411, or 21.412[, or 21.413], Education Code, 
Section 21.413, Education Code, as added by Chapter 430, Acts of the 
78th Legislature, Regular Session, 2003, or Section 21.418, 
Education Code;
		(7)  amounts by which the member's salary is reduced or 
that are deducted from the member's salary as authorized by 
Subchapter J, Chapter 659; and
		(8)  a merit salary increase made under Section 51.962, 
Education Code.     
	SECTION 3.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 4.  This Act takes effect September 1, 2005.