86R2225 SRS-D
 
  By: Toth H.B. No. 3101
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a severance payment to a superintendent of a school
  district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.201(c), Education Code, is amended to
  read as follows:
         (c)  For purposes of this subsection, "severance payment"
  means any amount paid by the board of trustees of an independent
  school district to or in behalf of a superintendent on early
  termination of the superintendent's contract that exceeds the
  amount earned by the superintendent under the contract as of the
  date of termination, including any amount that exceeds the amount
  of earned standard salary and benefits that is paid as a condition
  of early termination of the contract. The board of trustees may not
  make a severance payment to a superintendent in an amount greater
  than one year's salary under the superintendent's terminated
  contract. The board of trustees that makes a severance payment to a
  superintendent shall report the terms of the severance payment to
  the commissioner. [The commissioner shall reduce the district's
  Foundation School Program funds by any amount that the amount of the
  severance payment to the superintendent exceeds an amount equal to
  one year's salary and benefits under the superintendent's
  terminated contract.] The commissioner may adopt rules as necessary
  to administer this subsection.
         SECTION 2.  Section 11.201(c), Education Code, as amended by
  this Act, applies only to a severance payment made by the board of
  trustees of an independent school district to a superintendent
  under an agreement entered into on or after the effective date of
  this Act. A severance payment made by the board of trustees of an
  independent school district to a superintendent under an agreement
  entered into before the effective date of this Act is governed by
  the law in effect at the time the agreement was made, and that law is
  continued in effect for that purpose.
         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, 2019.