81R6888 KKA-F
 
  By: Eissler H.B. No. 1365
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to service records of professional staff employed by
  school districts and payment of compensation based on those
  records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.4031 to read as follows:
         Sec. 21.4031.  PROFESSIONAL STAFF SERVICE RECORDS. (a) In
  this section:
               (1)  "Salary schedule" means the minimum salary
  schedule under Section 21.402 or a comparable salary schedule used
  by a school district that specifies salary amounts based on an
  employee's level of experience.
               (2)  "Service record" means a school district document
  that indicates the total years of service provided to the district
  by a classroom teacher, librarian, counselor, or nurse.
         (b)  On request by a classroom teacher, librarian,
  counselor, or nurse or by the school district employing one of those
  individuals, a school district that previously employed the
  individual shall provide a copy of the individual's service record
  to the school district employing the individual. The district must
  provide the copy not later than the 30th day after the date of the
  request.
         (c)  If a school district fails to provide an individual's
  service record as required by Subsection (b), the agency shall, to
  the extent that information is available to the agency, provide the
  employing school district with information sufficient to enable the
  district to determine proper placement of the individual on the
  district's salary schedule.
         (d)  A classroom teacher, librarian, counselor, or nurse is
  entitled to receive back pay of any salary to which the individual
  would have been entitled at the proper step on the salary schedule
  if the employing school district:
               (1)  begins paying salary to the individual before the
  district receives information necessary to determine proper
  placement of the individual on the salary schedule; and
               (2)  subsequently determines that the individual is
  entitled to a higher salary based on proper placement of the
  individual on the salary schedule.
         SECTION 2.  This Act applies beginning with the 2009-2010
  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, 2009.