81R1212 PAM-D
By: Martinez H.B. No. 86
A BILL TO BE ENTITLED
AN ACT
relating to the salary paid to certain professional employees of
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.402(a), (b), and (d), Education
Code, are amended to read as follows:
(a) Except as provided by Subsection (d), (e), or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary[,
based on the employee's level of experience in addition to other
factors, as determined by commissioner rule,] determined as
provided by Subsection (b). [the following formula:
[MS = SF x FS
[where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student,
including funds provided under Section 42.2516(b)(1)(B), but not
funds provided under Section 42.2516(b)(1)(A), (b)(1)(C), (b)(2),
or (b)(3), available to a district eligible to receive state
assistance under Section 42.302 with a maintenance and operations
tax rate per $100 of taxable value equal to the product of the state
compression percentage, as determined under Section 42.2516,
multiplied by $1.50, except that the amount of state and local funds
per weighted student does not include the amount attributable to
the increase in the guaranteed level made by Chapter 1187, Acts of
the 77th Legislature, Regular Session, 2001.]
(b) The commissioner shall adopt rules to establish a method
for annually setting a salary schedule for classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, and full-time school nurses based on the employee's
level of experience. The commissioner's method must provide a
salary level for each year of experience from zero years through 20
years. The commissioner shall ensure that the salary schedule is
consistent with the national average salary, based on experience,
for those employees as determined by statistics gathered by the
National Center for Education Statistics or a similar independent
education-oriented institution. Not later than June 1 of each year,
the commissioner shall determine, based on the salary schedule, the
minimum monthly salary for each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, and
full-time nurse [the amount of state and local funds per weighted
student available, for purposes of Subsection (a), to a district
described by that subsection] for the following school year.
(d) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
employed by a school district in the 2009-2010 [2006-2007] school
year is, as long as the employee is employed by the same district,
entitled to a salary that is at least equal to the salary the
employee received for the 2009-2010 [2006-2007] school year.
SECTION 2. Section 21.403(a), Education Code, is amended to
read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one level [step] on the minimum salary schedule established by
commissioner rule under Section 21.402 for each year of experience
as a teacher, librarian, counselor, or nurse until level [step] 20
is reached.
SECTION 3. Section 42.2516, Education Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) The amount of state aid or credit to which a school
district is entitled under Section 42.2518 is in addition to the
amount of revenue to which the district is entitled under
Subsection (b).
SECTION 4. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2518 to read as follows:
Sec. 42.2518. ADDITIONAL STATE AID OR CREDIT AGAINST COST
OF ATTENDANCE CREDITS FOR PROFESSIONAL STAFF SALARIES. (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, as determined by the
commissioner, equal to the difference between the district's salary
cost under Section 21.402, as amended by __.B. ___, Acts of the 81st
Legislature, Regular Session, 2009, for all classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, Chapter 21, and full-time school nurses employed by
the district and an amount equal to what the district's salary costs
would have been for that school year under Section 21.402, as it
existed before amendment by __.B. ___, Acts of the 81st
Legislature, Regular Session, 2009.
(b) 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.
(c) A determination by the commissioner under this section
is final and may not be appealed.
(d) The commissioner may adopt rules to implement this
section.
SECTION 5. Section 21.402(c), Education Code, is repealed.
SECTION 6. Not later than January 1, 2010, the commissioner
of education shall adopt rules to establish a method for annually
setting a salary schedule as provided by Section 21.402(b),
Education Code, as amended by this Act.
SECTION 7. This Act applies beginning with the 2010-2011
school year.
SECTION 8. This Act takes effect September 1, 2009.