Texas 2009 - 81st Regular

Texas House Bill HB3029 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1048 JRJ-D
2	2	By: Allen H.B. No. 3029
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the minimum salary schedule for certain public school
8	8	employees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 12.133(b), (c), (d), and (e), Education
11	11	Code, are amended to read as follows:
12	12	(b) Each school year, using state funds received by the
13	13	charter holder for that purpose under Subsection (d), a charter
14	14	holder that participated in the program under Chapter 1579,
15	15	Insurance Code, for the 2005-2006 school year shall provide
16	16	employees of the charter holder, other than administrators,
17	17	compensation in the form of annual salaries, incentives, or other
18	18	compensation determined appropriate by the charter holder that
19	19	results in an average compensation increase for classroom teachers,
20	20	full-time librarians, full-time counselors, full-time speech
21	21	language pathologists, full-time audiologists, and full-time
22	22	school nurses who are employed by the charter holder and who would
23	23	be entitled to a minimum salary under Section 21.402 if employed by
24	24	a school district, in an amount at least equal to $2,500.
25	25	(c) Each school year, using state funds received by the
26	26	charter holder for that purpose under Subsection (e), a charter
27	27	holder that did not participate in the program under Chapter 1579,
28	28	Insurance Code, for the 2005-2006 school year shall provide
29	29	employees of the charter holder, other than administrators,
30	30	compensation in the form of annual salaries, incentives, or other
31	31	compensation determined appropriate by the charter holder that
32	32	results in an average compensation increase for classroom teachers,
33	33	full-time librarians, full-time counselors, full-time speech
34	34	language pathologists, full-time audiologists, and full-time
35	35	school nurses who are employed by the charter holder and who would
36	36	be entitled to a minimum salary under Section 21.402 if employed by
37	37	a school district, in an amount at least equal to $2,000.
38	38	(d) Each school year, in addition to any amounts to which a
39	39	charter holder is entitled under this chapter, a charter holder
40	40	that participated in the program under Chapter 1579, Insurance
41	41	Code, for the 2005-2006 school year is entitled to state aid in an
42	42	amount, as determined by the commissioner, equal to the product of
43	43	$2,500 multiplied by the number of classroom teachers, full-time
44	44	librarians, full-time counselors, full-time speech language
45	45	pathologists, full-time audiologists, and full-time school nurses
46	46	employed by the charter holder at an open-enrollment charter
47	47	school.
48	48	(e) Each school year, in addition to any amounts to which a
49	49	charter holder is entitled under this chapter, a charter holder
50	50	that did not participate in the program under Chapter 1579,
51	51	Insurance Code, for the 2005-2006 school year is entitled to state
52	52	aid in an amount, as determined by the commissioner, equal to the
53	53	product of $2,000 multiplied by the number of classroom teachers,
54	54	full-time librarians, full-time counselors, full-time speech
55	55	language pathologists, full-time audiologists, and full-time
56	56	school nurses employed by the charter holder at an open-enrollment
57	57	charter school.
58	58	SECTION 2. Section 19.007(f), Education Code, is amended to
59	59	read as follows:
60	60	(f) In addition to other amounts received by the district
61	61	under this section, the district is entitled to state aid in an
62	62	amount equal to the product of $2,000 multiplied by the number of
63	63	classroom teachers, full-time librarians, full-time counselors
64	64	certified under Subchapter B, Chapter 21, full-time speech language
65	65	pathologists, full-time audiologists, and full-time school nurses
66	66	who are employed by the district and who would be entitled to a
67	67	minimum salary under Section 21.402 if employed by a school
68	68	district operating under Chapter 11.
69	69	SECTION 3. Section 19.009(d-1), Education Code, is amended
70	70	to read as follows:
71	71	(d-1) Each school year, the district shall pay an amount at
72	72	least equal to $2,000 to each classroom teacher, full-time
73	73	librarian, full-time counselor certified under Subchapter B,
74	74	Chapter 21, full-time speech language pathologist, full-time
75	75	audiologist, and full-time school nurse who is employed by the
76	76	district and who would be entitled to a minimum salary under Section
77	77	21.402 if employed by a school district operating under Chapter 11.
78	78	A payment under this section is in addition to wages the district
79	79	would otherwise pay the employee during the school year.
80	80	SECTION 4. Sections 21.402(a) and (g), Education Code, are
81	81	amended to read as follows:
82	82	(a) Except as provided by Subsection (d), (e), or (f), a
83	83	school district must pay each classroom teacher, full-time
84	84	librarian, full-time counselor certified under Subchapter B,
85	85	full-time speech language pathologist, full-time audiologist, or
86	86	full-time school nurse not less than the minimum monthly salary,
87	87	based on the employee's level of experience in addition to other
88	88	factors, as determined by commissioner rule, determined by the
89	89	following formula:
90	90	MS = SF x FS
91	91	where:
92	92	"MS" is the minimum monthly salary;
93	93	"SF" is the applicable salary factor specified by Subsection
94	94	(c); and
95	95	"FS" is the amount, as determined by the commissioner under
96	96	Subsection (b), of state and local funds per weighted student,
97	97	including funds provided under Section 42.2516(b)(1)(B), but not
98	98	funds provided under Section 42.2516(b)(1)(A), (b)(1)(C), (b)(2),
99	99	or (b)(3), available to a district eligible to receive state
100	100	assistance under Section 42.302 with a maintenance and operations
101	101	tax rate per $100 of taxable value equal to the product of the state
102	102	compression percentage, as determined under Section 42.2516,
103	103	multiplied by $1.50, except that the amount of state and local funds
104	104	per weighted student does not include the amount attributable to
105	105	the increase in the guaranteed level made by Chapter 1187 (H.B.
106	106	3343), Acts of the 77th Legislature, Regular Session, 2001.
107	107	(g) The commissioner may adopt rules to govern the
108	108	application of this section, including rules that:
109	109	(1) require the payment of a minimum salary under this
110	110	section to a person employed in more than one capacity for which a
111	111	minimum salary is provided and whose combined employment in those
112	112	capacities constitutes full-time employment; and
113	113	(2) specify the credentials a person must hold to be
114	114	considered a school nurse, speech language pathologist, or
115	115	audiologist under this section.
116	116	SECTION 5. Sections 21.403(a) and (c), Education Code, are
117	117	amended to read as follows:
118	118	(a) A teacher, librarian, counselor, speech language
119	119	pathologist, audiologist, or nurse shall advance one step on the
120	120	minimum salary schedule under Section 21.402 for each year of
121	121	experience as a teacher, librarian, counselor, speech language
122	122	pathologist, audiologist, or nurse until step 20 is reached.
123	123	(c) The commissioner shall adopt rules for determining the
124	124	experience for which a teacher, librarian, counselor, speech
125	125	language pathologist, audiologist, or nurse is to be given credit
126	126	in placing the teacher, librarian, counselor, speech language
127	127	pathologist, audiologist, or nurse on the minimum salary schedule.
128	128	A district shall credit the teacher, librarian, counselor, speech
129	129	language pathologist, audiologist, or nurse for each year of
130	130	experience without regard to whether the years are consecutive.
131	131	SECTION 6. Section 30.102(b), Education Code, is amended to
132	132	read as follows:
133	133	(b) A classroom teacher, full-time librarian, full-time
134	134	counselor certified under Subchapter B, Chapter 21, full-time
135	135	speech language pathologist, full-time audiologist, or full-time
136	136	school nurse employed by the commission is entitled to receive as a
137	137	minimum salary the monthly salary specified by Section 21.402. A
138	138	classroom teacher, full-time librarian, full-time counselor,
139	139	full-time speech language pathologist, full-time audiologist, or
140	140	full-time school nurse may be paid, from funds appropriated to the
141	141	commission, a salary in excess of the minimum specified by that
142	142	section, but the salary may not exceed the rate of pay for a similar
143	143	position in the public schools of an adjacent school district.
144	144	SECTION 7. Section 42.2512(a), Education Code, is amended
145	145	to read as follows:
146	146	(a) A school district, including a school district that is
147	147	otherwise ineligible for state aid under this chapter, is entitled
148	148	to state aid in an amount, as determined by the commissioner, equal
149	149	to the difference, if any, between:
150	150	(1) an amount equal to the product of $3,000
151	151	multiplied by the number of classroom teachers, full-time
152	152	librarians, full-time counselors certified under Subchapter B,
153	153	Chapter 21, full-time speech language pathologists, full-time
154	154	audiologists, and full-time school nurses employed by the district
155	155	and entitled to a minimum salary under Section 21.402; and
156	156	(2) an amount equal to 80 percent of the amount of
157	157	additional funds to which the district is entitled due to the
158	158	increases made by Chapter 396 (S.B. 4) [S.B. No. 4], Acts of the
159	159	76th Legislature, Regular Session, 1999, to:
160	160	(A) the equalized wealth level under Section
161	161	41.002;
162	162	(B) the basic allotment under Section 42.101; and
163	163	(C) the guaranteed level of state and local funds
164	164	per weighted student per cent of tax effort under Section 42.302.
165	165	SECTION 8. Section 42.2516(b), Education Code, is amended
166	166	to read as follows:
167	167	(b) Subject to Subsections (b-1), (b-2), (f-1), (g), and
168	168	(h), but notwithstanding any other provision of this title, a
169	169	school district is entitled to state revenue necessary to provide
170	170	the district with the sum of:
171	171	(1) the amount of state revenue necessary to maintain
172	172	state and local revenue per student in weighted average daily
173	173	attendance in the amount equal to the greater of:
174	174	(A) the amount of state and local revenue per
175	175	student in weighted average daily attendance for the maintenance
176	176	and operations of the district available to the district for the
177	177	2005-2006 school year;
178	178	(B) the amount of state and local revenue per
179	179	student in weighted average daily attendance for the maintenance
180	180	and operations of the district to which the district would have been
181	181	entitled for the 2006-2007 school year under this chapter, as it
182	182	existed on January 1, 2006, or, if the district would have been
183	183	subject to Chapter 41, as that chapter existed on January 1, 2006,
184	184	the amount to which the district would have been entitled under that
185	185	chapter, based on the funding elements in effect for the 2005-2006
186	186	school year, if the district imposed a maintenance and operations
187	187	tax at the rate adopted by the district for the 2005 tax year; or
188	188	(C) the amount of state and local revenue per
189	189	student in weighted average daily attendance for the maintenance
190	190	and operations of the district to which the district would have been
191	191	entitled for the 2006-2007 school year under this chapter, as it
192	192	existed on January 1, 2006, or, if the district would have been
193	193	subject to Chapter 41, as that chapter existed on January 1, 2006,
194	194	the amount to which the district would have been entitled under that
195	195	chapter, based on the funding elements in effect for the 2005-2006
196	196	school year, if the district imposed a maintenance and operations
197	197	tax at the rate equal to the rate described by Section 26.08(i) or
198	198	(k)(1), Tax Code, as applicable, for the 2006 tax year;
199	199	(2) an amount equal to the product of $2,500
200	200	multiplied by the number of classroom teachers, full-time
201	201	librarians, full-time counselors certified under Subchapter B,
202	202	Chapter 21, full-time speech language pathologists, full-time
203	203	audiologists, and full-time school nurses employed by the district
204	204	and entitled to a minimum salary under Section 21.402; and
205	205	(3) an amount equal to the product of $275 multiplied
206	206	by the number of students in average daily attendance in grades nine
207	207	through 12 in the district.
208	208	SECTION 9. This Act applies beginning with the 2009-2010
209	209	school year.
210	210	SECTION 10. This Act takes effect September 1, 2009.