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79R4523 KKA-D

By:  Lucio                                                        S.B. No. 798


A BILL TO BE ENTITLED
AN ACT
relating to creation of an inflation adjustment to salaries for classroom teachers and certain other professional staff employed by school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.402, Education Code, is amended by amending Subsections (a), (c), and (d) and adding Subsections (c-1)-(c-3) and (i) to read as follows: (a) Except as provided by Subsection (d) [, (e),] or (f), a school district must pay each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse not less than the minimum monthly salary, based on the employee's level of experience, prescribed by Subsection (c) and adjusted in accordance with Subsection (c-1) [determined by the following formula:
[MS = SF x FS
[where: ["MS" is the minimum monthly salary; ["SF" is the applicable salary factor specified by Subsection (c); and ["FS" is the amount, as determined by the commissioner under Subsection (b), of state and local funds per weighted student available to a district eligible to receive state assistance under Section 42.302 with an enrichment tax rate, as defined by Section 42.302, equal to the maximum rate authorized under Section 42.303, except that the amount of state and local funds per weighted student does not include the amount attributable to the increase in the guaranteed level made by H.B. No. 3343, Acts of the 77th Legislature, Regular Session, 2001]. (c) The minimum monthly salary under this section is [factors per step are] as follows:Years Experience 0 1 2 MonthlySalary $2,424[.5656] $2,481[.5790] $2,539[.5924] [Factor] Years Experience 3 4 5 MonthlySalary $2,596[.6058] $2,717[.6340] $2,838[.6623] [Factor] Years Experience 6 7 8 MonthlySalary $2,959[.6906] $3,072[.7168] $3,178[.7416] [Factor] Years Experience 9 10 11 MonthlySalary $3,279[.7651] $3,373[.7872] $3,464[.8082] [Factor] Years Experience 12 13 14 MonthlySalary $3,549[.8281] $3,628[.8467] $3,705[.8645] [Factor] Years Experience 15 16 17 MonthlySalary $3,776[.8811] $3,844[.8970] $3,908[.9119] [Factor] Years Experience 18 19 20 and over MonthlySalary $3,968[.9260] $4,026[.9394] $4,080[.9520] [Factor] (c-1) The amounts prescribed by Subsection (c) are adjusted annually in accordance with this subsection as necessary to reflect inflation. The commissioner shall determine the amount of the adjustment for each school year based on the difference, if any, between the Texas Consumer Price index most recently published by the comptroller as of May 1 of the calendar year in which the school year begins and the Texas Consumer Price index most recently published as of May 1, 2004. (c-2) Notwithstanding Subsections (a) and (c-1), for the 2005-2006 school year, a classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse is entitled to a monthly salary that is at least equal to the sum of: (1) the monthly salary the employee would have received for the 2005-2006 school year under the district's salary schedule for the 2004-2005 school year, if that schedule had been in effect for the 2005-2006 school year, including any local supplement and any money representing a career ladder supplement the employee would have received in the 2005-2006 school year; and (2) the amount necessary to reflect inflation, as determined by the commissioner in the manner provided by Subsection (c-1). (c-3) Subsection (c-2) and this subsection expire September 1, 2006. (d) A classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse employed by a school district in the 2005-2006 [2000-2001] school year is, as long as the employee is employed by the same district, entitled to a salary that is at least equal to the greater of: (1) the salary to which the employee is entitled under Subsection (c), as adjusted in accordance with Subsection (c-1); or (2) the salary that is equal to the sum of: (A) the salary the employee received for the preceding [2000-2001] school year; and (B) the amount necessary to reflect inflation, as determined by the commissioner in accordance with Subsection (c-1). (i) The commissioner's determination under this section of an amount necessary to reflect inflation is final and may not be appealed. SECTION 2. Section 42.2512, Education Code, is amended by adding Subsection (a-1) to read as follows: (a-1) In addition to the amount specified by Subsection (a), a school district, including a school district that is otherwise ineligible for state aid under this chapter, is entitled to state aid in an amount equal to the total amount of additional salary the district is required to pay under Section 21.402 solely to reflect inflation. If necessary to provide sufficient funds for purposes of this subsection, the Legislative Budget Board shall propose that the appropriate amount of money be transferred to the agency in accordance with procedures specified by Chapter 317, Government Code. SECTION 3. Sections 21.402(b) and (e), Education Code, are repealed. SECTION 4. This Act applies beginning with the 2005-2006 school year. SECTION 5. 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, 2005.