By: Nelson, et al. S.B. No. 3

A BILL TO BE ENTITLED

AN ACT

relating to additional funding to school districts for classroom teacher and librarian salaries.

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

SECTION 1. Subchapter I, Chapter 21, Education Code, is amended by adding Section 21.4023 to read as follows:

Sec. 21.4023. CLASSROOM TEACHER AND LIBRARIAN SALARY ALLOTMENT. (a) Every full-time classroom teacher and full-time librarian is entitled to an annual salary allotment in the amount of $5,000.

(b) A salary allotment a teacher or librarian receives under this section:

(1) is not considered in determining whether the district is paying the teacher or librarian the minimum monthly salary under Section 21.402; and

(2) is in addition to the regular salary to which a teacher or librarian is otherwise entitled under the district's salary schedule.

(b-1) Notwithstanding Section 21.402, for the 2019-2020 school year, every full-time classroom teacher and full-time librarian is entitled to a monthly salary that is at least equal to the sum of:

(1) the monthly salary the teacher or librarian would have received for the 2019-2020 school year under the district's salary schedule for the 2018-2019 school year, if that schedule had been in effect for the 2019-2020 school year, including any local supplement and any money representing any other supplement the teacher or librarian would have received in the 2019-2020 school year; and

(2) $500.

(b-2) Subsection (b-1) and this subsection expire September 1, 2020.

(b-3) A full-time classroom teacher or full-time librarian employed by a school district in the 2019-2020 school year is, as long as the teacher or librarian is employed by the same district, entitled to a salary that is at least equal to the salary the teacher or librarian received for the 2019-2020 school year.

(c) A school district may provide a merit salary increase to a full-time classroom teacher or full-time librarian in addition to the salary allotment to which the teacher or librarian is entitled under this section.

(d) A school district shall provide written notice to each full-time classroom teacher and full-time librarian that the salary allotment to which the teacher or librarian is entitled under this section is provided by the state.

(e) The commissioner may adopt rules as necessary to implement this section.

(f) This section applies to a person employed as a classroom teacher or librarian of an open enrollment charter school.

SECTION 2. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.25131 to read as follows:

Sec. 42.25131. ADDITIONAL STATE AID OR CREDIT AGAINST COST OF ATTENDANCE CREDITS FOR CLASSROOM TEACHER AND LIBRARIAN SALARY ALLOTMENT. (a) For each school year, 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 product of $5,000 multiplied by the number of full-time classroom teachers and full-time librarians employed by the district.

(b) A school district shall use the amount received under this section to provide the salary allotments for full-time classroom teachers and full-time librarians required under Section 21.4023.

(c) A school district that is required to take action under Chapter 41 to reduce its wealth per student to the equalized wealth level is entitled to a credit, in the amount of state aid to which the district is entitled under this section, against the total amount required under Section 41.093 for the district to purchase attendance credits.

(d) The commissioner may adopt rules to implement this section.

SECTION 3. 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, 21.412, or 21.413, 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;

(8) a merit salary increase made under Section 51.962, Education Code;

(9) amounts received under the relevant parts of the educator excellence awards program under Subchapter O, Chapter 21, Education Code, or a mentoring program under Section 21.458, Education Code, that authorize compensation for service;

(10) salary amounts designated as health care supplementation by an employee under Subchapter D, Chapter 22, Education Code; [and]

(11) to the extent required by Sections 3401(h) and 414(u)(12), Internal Revenue Code of 1986, differential wage payments received by an individual from an employer on or after January 1, 2009, while the individual is performing qualified military service as defined by Section 414(u), Internal Revenue Code of 1986; and

(12) a salary allotment paid to teachers and librarians under Section 21.4023, Education Code.

SECTION 4. Section 825.405(b), Government Code, is amended to read as follows:

(b) For purposes of this section,[:

[(1)] the statutory minimum salary:

(1) for certain school personnel under Section 21.402, Education Code, is the salary provided by that section multiplied by the cost of education adjustment applicable under Section 42.102, Education Code, to the district in which the member is employed; [and]

(2) [the statutory minimum salary] for members who would have been entitled to the minimum salary for certain school personnel under former Section 16.056, Education Code, as that section existed on January 1, 1995, is a minimum salary computed in the same manner as the minimum salary for certain school personnel under Section 21.402, Education Code, multiplied by the cost of education adjustment applicable under Section 42.102, Education Code, to the district in which the member is employed; and

(3) includes any classroom teacher or librarian salary allotment provided under Section 21.4023, Education Code.

SECTION 5. This Act applies beginning with the 2019-2020 school year.

SECTION 6. This Act takes effect September 1, 2019.