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A BILL TO BE ENTITLED
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AN ACT
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relating to a severance payment to a superintendent or |
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administrator serving as educational leader and chief executive |
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officer of a school district or an open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.201(c), Education Code, is amended to |
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read as follows: |
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(c) For purposes of this subsection, "severance payment" |
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means any amount paid by the board of trustees of an independent |
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school district to or in behalf of a superintendent on early |
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termination of the superintendent's contract that exceeds the |
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amount earned by the superintendent under the contract as of the |
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date of termination, including any amount that exceeds the amount |
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of earned standard salary and benefits that is paid as a condition |
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of early termination of the contract. The board of trustees may not |
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make a severance payment to a superintendent in an amount greater |
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than one year's salary under the superintendent's terminated |
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contract. The board of trustees that makes a severance payment to a |
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superintendent shall report the terms of the severance payment to |
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the commissioner. [The commissioner shall reduce the district's
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Foundation School Program funds by any amount that the amount of the
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severance payment to the superintendent exceeds an amount equal to
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one year's salary and benefits under the superintendent's
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terminated contract.] The commissioner may adopt rules as necessary |
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to administer this subsection. |
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SECTION 2. Section 12.104, Education Code, is amended by |
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adding Subsection (b-4) to read as follows: |
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(b-4) Section 11.201(c) applies to an open-enrollment |
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charter school as though the governing body of the school were the |
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board of trustees of a school district and to the superintendent or, |
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as applicable, the administrator serving as educational leader and |
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chief executive officer of the school as though that person were the |
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superintendent of a school district. |
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SECTION 3. (a) Section 11.201(c), Education Code, as |
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amended by this Act, applies only to a severance payment made by the |
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board of trustees of an independent school district to a |
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superintendent under an agreement entered into on or after the |
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effective date of this Act. A severance payment made by the board |
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of trustees of an independent school district to a superintendent |
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under an agreement entered into before the effective date of this |
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Act is governed by the law in effect at the time the agreement was |
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made, and that law is continued in effect for that purpose. |
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(b) Section 12.104(b-4), Education Code, as added by this |
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Act, applies only to a severance payment made by the governing body |
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of an open-enrollment charter school to a superintendent or |
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administrator serving as educational leader and chief executive |
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officer under an agreement entered into on or after the effective |
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date of this Act. A severance payment made by the governing body of |
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an open-enrollment charter school to a superintendent or |
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administrator serving as educational leader and chief executive |
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officer under an agreement entered into before the effective date |
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of this Act is governed by the law in effect at the time the |
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agreement was made, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |