82R12804 KKA-D By: Bonnen H.B. No. 3008 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. Section 12.1331, Education Code, is amended by adding Subsection (d) to read as follows: (d) Notwithstanding any other provision of this section, a charter holder may reduce the salary of a classroom teacher, full-time speech-language pathologist, full-time librarian, full-time counselor, or full-time school nurse by an amount not to exceed 10 percent of the sum paid to the teacher, speech-language pathologist, librarian, counselor, or school nurse in the 2011-2012 school year. SECTION 2. Section 19.009, Education Code, is amended by adding Subsection (d-4) to read as follows: (d-4) Notwithstanding any other provision of this section, the district may reduce the salary of a classroom teacher, full-time speech-language pathologist, full-time librarian, full-time counselor, or full-time school nurse by an amount not to exceed 10 percent of the sum paid to the teacher, speech-language pathologist, librarian, counselor, or school nurse in the 2011-2012 school year. The commissioner may reduce the amount of state aid provided to the district under Section 19.007(g), as appropriate. SECTION 3. Subchapter A, Chapter 21, Education Code, is amended by adding Section 21.008 to read as follows: Sec. 21.008. LIMITATION ON AUTHORITY TO DISCHARGE TEACHERS. Notwithstanding Section 21.157 or 21.211(a)(2), a school district may not discharge a teacher for a reason other than good cause if the school district has reduced teacher salaries as authorized by Section 21.402(c-4). SECTION 4. Section 21.402, Education Code, is amended by adding Subsection (c-4) to read as follows: (c-4) Notwithstanding any other provision of this section or Section 21.403, a school district may reduce the salary of a classroom teacher, full-time speech-language pathologist, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse by an amount not to exceed 10 percent of the sum paid to the teacher, speech-language pathologist, librarian, counselor, or school nurse in the 2011-2012 school year. SECTION 5. Section 21.403, Education Code, is amended by adding Subsection (e) to read as follows: (e) This section does not prohibit a school district from reducing the salary of a teacher, speech-language pathologist, librarian, counselor, or school nurse as provided by Section 21.402(c-4). SECTION 6. Section 30.024, Education Code, is amended by adding Subsection (b-1) to read as follows: (b-1) Notwithstanding any other provision of this section, the governing board of the school may reduce the salary of a teacher by an amount not to exceed 10 percent of the sum paid to the teacher in the 2011-2012 school year. SECTION 7. Section 30.055, Education Code, is amended by adding Subsection (b-1) to read as follows: (b-1) Notwithstanding any other provision of this section, the governing board of the school may reduce the salary of a teacher by an amount not to exceed 10 percent of the sum paid to the teacher in the 2011-2012 school year. SECTION 8. Section 30.102, Education Code, is amended by adding Subsection (b-1) to read as follows: (b-1) Section 21.402(c-4) applies to the commission as if the commission were a school district. Notwithstanding any other provision of this section, the commission may reduce salaries as provided by Section 21.402(c-4). SECTION 9. Section 824.203, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) Except as provided by Subsections (c) and (d), and subject to Subsection (a-1), the standard service retirement annuity is an amount computed on the basis of the member's average annual compensation for the five years of service, whether or not consecutive, in which the member received the highest annual compensation, times 2.3 percent for each year of service credit in the retirement system. (a-1) If a member's annual compensation is reduced by a school district in accordance with Section 21.402(c-4), Education Code, the reduction is disregarded for purposes of Subsection (a) and the teacher is considered to have received the annual compensation that the teacher would have received if not for the reduction. SECTION 10. Section 21.402(d), Education Code, is repealed. SECTION 11. This Act applies beginning with the 2012-2013 school year. SECTION 12. 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, 2011.