82R9645 VOO-F
By: Eissler H.B. No. 400
A BILL TO BE ENTITLED
AN ACT
relating to flexibility for public schools to administer primary
and secondary education efficiently.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.0581, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (e) to read
as follows:
(b) Elections held on the same date as provided by
Subsection (a) shall be held as a joint election under Chapter 271,
Election Code, except as otherwise provided by this section.
(c) The voters of a joint election under this section shall
be served by:
(1) common polling places consistent with Section
271.003(b), Election Code; or
(2) if the election is held on the November uniform
election date, polling places designated under Section 43.004,
Election Code.
(e) The joint election agreement allocating expenses as
provided by Section 271.004, Election Code, or a contract for
election services under Section 31.092, Election Code, must provide
that a school district is responsible only for the proportion of
election expenses that corresponds to the proportion that the
number of registered voters in the school district bears to the
total number of registered voters in all political subdivisions
participating in the joint election.
SECTION 2. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.179 to read as follows:
Sec. 11.179. UNIFORM NOTICE FOR CERTAIN BOARD HEARINGS AND
MEETINGS. (a) The board of trustees of a school district shall
provide notice of a hearing under Sections 39.083 and 39.306 and a
meeting under Section 44.004 by:
(1) sending the notice through e-mail to media serving
the district;
(2) prominently posting the entire notice, in addition
to any required documents or summaries, on the district's Internet
website;
(3) making the notice, in addition to any required
documents or summaries, available for public inspection at the
district's central administrative office; and
(4) making the notice, in addition to any required
documents or summaries, available for public inspection at each
campus in the district.
(b) In addition to providing notice as required by
Subsection (a), the board may also provide notice as permitted by
Section 39.083, 39.306, or 44.004, as applicable.
SECTION 3. Sections 12.133(b), (b-1), (c), and (d-1),
Education Code, are amended to read as follows:
(b) Each school year, using state funds received by the
charter holder for that purpose under Subsection (d), a charter
holder that participated in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, and full-time school
nurses who are employed by the charter holder [and who would be
entitled to a minimum salary under Section 21.402 if employed by a
school district,] in an amount at least equal to $2,500.
(b-1) Using state funds received by the charter holder for
that purpose under Subsection (d-1), a charter holder that
participated in the program under Chapter 1579, Insurance Code, for
the 2005-2006 school year shall provide employees of the charter
holder, other than administrators, compensation in the form of
annual salaries, incentives, or other compensation determined
appropriate by the charter holder that results in average
compensation increases as follows:
(1) for full-time employees other than full-time
classroom teachers, full-time librarians, full-time counselors,
and full-time nurses [employees who would be entitled to a minimum
salary under Section 21.402 if employed by a school district], an
average increase at least equal to $500; and
(2) for part-time employees, an average increase at
least equal to $250.
(c) Each school year, using state funds received by the
charter holder for that purpose under Subsection (e), a charter
holder that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, and full-time school
nurses who are employed by the charter holder [and who would be
entitled to a minimum salary under Section 21.402 if employed by a
school district,] in an amount at least equal to $2,000.
(d-1) In addition to any amounts to which a charter holder
is entitled under this chapter, a charter holder that participated
in the program under Chapter 1579, Insurance Code, for the
2005-2006 school year is entitled to state aid in an amount, as
determined by the commissioner, equal to the sum of:
(1) the product of $500 multiplied by the number of
full-time employees other than full-time classroom teachers,
full-time librarians, full-time counselors, and full-time nurses
[employees who would be entitled to a minimum salary under Section
21.402 if employed by a school district]; and
(2) the product of $250 multiplied by the number of
part-time employees.
SECTION 4. Section 19.007(f), Education Code, is amended to
read as follows:
(f) In addition to other amounts received by the district
under this section, the district is entitled to state aid in an
amount equal to the product of $2,000 multiplied by the number of
classroom teachers, full-time librarians, full-time counselors
certified under Subchapter B, Chapter 21, and full-time school
nurses who are employed by the district [and who would be entitled
to a minimum salary under Section 21.402 if employed by a school
district operating under Chapter 11].
SECTION 5. Section 19.009(d-1), Education Code, is amended
to read as follows:
(d-1) Each school year, the district shall pay an amount at
least equal to $2,000 to each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B,
Chapter 21, and full-time school nurse who is employed by the
district [and who would be entitled to a minimum salary under
Section 21.402 if employed by a school district operating under
Chapter 11]. A payment under this section is in addition to wages
the district would otherwise pay the employee during the school
year.
SECTION 6. Section 21.0031(b), Education Code, is amended
to read as follows:
(b) After an employee receives notice that the employee's
contract is void under Subsection (a),[:
[(1)] a school district may:
(1) [(A)] terminate the employee;
(2) [(B)] suspend the employee with or without pay; or
(3) [(C)] retain the employee for the remainder of the
school year on an at-will employment basis in a position other than
classroom teacher at the employee's existing rate of pay or at a
reduced rate[; and
[(2) the employee is not entitled to the minimum
salary prescribed by Section 21.402].
SECTION 7. Section 21.103(a), Education Code, is amended to
read as follows:
(a) The board of trustees of a school district may terminate
the employment of a teacher employed under a probationary contract
at the end of the contract period if in the board's judgment the
best interests of the district will be served by terminating the
employment. The board of trustees must give notice of its decision
to terminate the employment to the teacher not later than [the 45th
day before] the last day of instruction required under the
contract. The notice may be delivered personally to the teacher or
mailed by regular mail or prepaid certified mail or by an express
delivery service to the teacher's address of record with the
district. Notice that is mailed in accordance with this subsection
is considered given at the time of mailing. The board's decision is
final and may not be appealed.
SECTION 8. Section 21.157, Education Code, is amended to
read as follows:
Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher
employed under a continuing contract may be released at the end of a
school year and the teacher's employment with the school district
terminated at that time because of a necessary reduction of
personnel by the school district[, with those reductions made in
the reverse order of seniority in the specific teaching fields].
SECTION 9. Section 21.206(a), Education Code, is amended to
read as follows:
(a) Not later than the [45th day before the] last day of
instruction in a school year, the board of trustees shall notify in
writing each teacher whose contract is about to expire whether the
board proposes to renew or not renew the contract. The notice may
be delivered personally to the teacher or mailed by regular mail or
prepaid certified mail or by an express delivery service to the
teacher's address of record with the district. Notice that is
mailed in accordance with this subsection is considered given at
the time of mailing.
SECTION 10. Section 21.211, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A teacher whose term contract is terminated under
Subsection (a)(2) before the end of the contract period may request
a hearing before the board of trustees or the board's designee as
provided by Section 21.207 for a hearing on a proposed nonrenewal of
a contract. A teacher who is aggrieved by a decision of the board or
the board's designee at a hearing under this subsection may appeal
to the commissioner for review of the decision in accordance with
Subchapter G. The commissioner may not substitute the
commissioner's judgment for that of the board of trustees or the
board's designee unless the decision of the board or the board's
designee was not supported by substantial evidence based on the
record made at the hearing before the board or the board's designee.
SECTION 11. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.4032 to read as follows:
Sec. 21.4032. COMPENSATION PLAN FOR CLASSROOM TEACHERS.
(a) A school district shall adopt a plan for determining the
compensation of the district's classroom teachers.
(b) In developing a plan under Subsection (a), a school
district shall consider including provisions under which the
district will pay a bonus to each classroom teacher who:
(1) demonstrates effectiveness in improving student
achievement;
(2) serves as a mentor for other classroom teachers;
(3) assumes responsibilities in addition to
performing classroom teaching duties; or
(4) as determined by the agency:
(A) teaches in a subject area or a position
experiencing a critical shortage of teachers, if the classroom
teacher is qualified to teach in that subject area or position;
(B) teaches at a district school that is among
the schools in this state that have a shortage of teachers; or
(C) teaches at a district school that is among
the schools in this state that have the greatest difficulty hiring
or retaining classroom teachers.
(c) A plan adopted under Subsection (a) must:
(1) be designed with input from the school district's
classroom teachers;
(2) base classroom teacher compensation on annual
evaluations focused on student achievement; and
(3) be designed to recruit, reward, and retain
effective teachers.
(d) A plan adopted under Subsection (a) may provide for
paying a bonus to district employees who meet campus goals.
(e) Not later than January 1, 2012, the agency shall develop
a model alternative compensation plan that a school district may
use in adopting a plan under Subsection (a).
SECTION 12. Section 21.4551(e), Education Code, is amended
to read as follows:
(e) From funds appropriated for that purpose, a teacher who
attends a reading academy is entitled to receive a stipend in the
amount determined by the commissioner. [A stipend received under
this subsection is not considered in determining whether a district
is paying the teacher the minimum monthly salary under Section
21.402.]
SECTION 13. Section 22.107(a), Education Code, is amended
to read as follows:
(a) A school district shall pay each full-time district
employee, other than an administrator or a classroom teacher,
full-time librarian, full-time counselor certified under
Subchapter B, Chapter 21, or full-time school nurse [an employee
subject to the minimum salary schedule under Section 21.402], an
amount at least equal to $500.
SECTION 14. Sections 25.112(a) and (d), Education Code, are
amended to read as follows:
(a) Except as otherwise authorized by this section, a school
district may not enroll more than a district-wide average of 22
students in [a] kindergarten, first, second, third, and [or] fourth
grade classes or more than 25 students in a class at one of those
grade levels. Those limitations do [class. That limitation does]
not apply during:
(1) any 12-week period of the school year selected by
the district, in the case of a district whose average daily
attendance is adjusted under Section 42.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
(d) On application of a school district, the commissioner
may except the district from a [the] limit in Subsection (a) if the
commissioner finds the limit works an undue hardship on the
district. An exception expires at the end of the school year for
which it is granted.
SECTION 15. Section 25.113(a), Education Code, is amended
to read as follows:
(a) A campus or district that is granted an exception under
Section 25.112(d) from class size limits shall provide written
notice of the exception to the parent of or person standing in
parental relation to each student affected by the exception. The
notice must be included in a regular mailing or other communication
from the campus or district, such as information sent home with
students. The notice must be in conspicuous bold or underlined
print and, as applicable:
(1) specify the class for which an exception from the
limit imposed by Section 25.112(a) was granted;
(2) state the number of children in the class for which
the exception was granted;
(3) state that an exception from the district-wide
average limit imposed by Section 25.112(a) was granted; and
(4) state the district-wide average number of children
in a class for which the exception was granted [and
[(3) be included in a regular mailing or other
communication from the campus or district, such as information sent
home with students].
SECTION 16. Section 28.0211(c), Education Code, is amended
to read as follows:
(c) Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument. After a student
fails to perform satisfactorily on an assessment instrument a
second time, a grade placement committee shall be established to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time. The grade placement committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. The district shall notify the parent or guardian
of the time and place for convening the grade placement committee
and the purpose of the committee. [An accelerated instruction
group administered by a school district under this section may not
have a ratio of more than 10 students for each teacher.]
SECTION 17. Section 30.022(f), Education Code, is amended
to read as follows:
(f) Before the beginning of each fiscal year, the board
shall adopt a calendar for the school's operation that provides for
at least[:
[(1)] the minimum number of days of instruction
required by Section 25.081[; and
[(2) the minimum number of days of service required by
Section 21.401].
SECTION 18. Section 30.052(f), Education Code, is amended
to read as follows:
(f) Before the beginning of each fiscal year, the board
shall adopt a calendar for the school's operation that provides for
at least[:
[(1)] the minimum number of days of instruction
required by Section 25.081[; and
[(2) the minimum number of days of service required by
Section 21.401].
SECTION 19. Section 38.101(a), Education Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a school district
annually shall assess the physical fitness of students enrolled in
grade three or higher in a course that satisfies the curriculum
requirements for physical education under Section 28.002(a)(2)(C)
[grades 3 through 12].
SECTION 20. Section 39.083(d), Education Code, is amended
to read as follows:
(d) The board of trustees of each school district shall hold
a public hearing on the report. The board shall give notice of the
hearing to owners of real property in the district and to parents of
district students. In addition to other notice required by law,
notice of the hearing:
(1) may [must] be provided[:
[(1)] to a newspaper of general circulation in the
district; and
(2) must be provided as prescribed by Section
11.179(a) [through electronic mail to media serving the district].
SECTION 21. Section 39.306(c), Education Code, is amended
to read as follows:
(c) The board of trustees shall hold a hearing for public
discussion of the report. The board of trustees shall give notice
of the hearing to property owners in the district and parents of and
other persons standing in parental relation to a district student.
The notification may [must] include notice to a newspaper of
general circulation in the district and must include notice as
prescribed by Section 11.179(a) [to electronic media serving the
district]. After the hearing the report shall be widely
disseminated within the district in a manner to be determined under
rules adopted by the commissioner.
SECTION 22. Section 42.2513(a), Education Code, is amended
to read as follows:
(a) 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 sum of:
(1) the product of $500 multiplied by the number of
full-time district employees, other than administrators or
classroom teachers, full-time librarians, full-time counselors
certified under Subchapter B, Chapter 21, or full-time school
nurses [employees subject to the minimum salary schedule under
Section 21.402]; and
(2) the product of $250 multiplied by the number of
part-time district employees, other than administrators.
SECTION 23. Sections 44.004(b), (c), (i), and (j),
Education Code, are amended to read as follows:
(b) The president shall provide for [the publication of]
notice of the budget and proposed tax rate meeting as prescribed by
Section 11.179(a) and may provide for publication of the notice in a
daily, weekly, or biweekly newspaper published in the district. If
no daily, weekly, or biweekly newspaper is published in the
district, the president may [shall] provide for the publication of
notice in at least one newspaper of general circulation in the
county in which the district's central administrative office is
located. Notice under this subsection shall be provided [published]
not earlier than the 30th day or later than the 10th day before the
date of the meeting [hearing].
(c) A [The] notice of public meeting to discuss and adopt
the budget and the proposed tax rate published in a newspaper under
Subsection (b) may not be smaller than one-quarter page of a
standard-size or a tabloid-size newspaper, and the headline on the
notice must be in 18-point or larger type. Subject to Subsection
(d), [the] notice required under this section must:
(1) contain a statement in the following form:
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE
"The (name of school district) will hold a public meeting at
(time, date, year) in (name of room, building, physical location,
city, state). The purpose of this meeting is to discuss the school
district's budget that will determine the tax rate that will be
adopted. Public participation in the discussion is invited." The
statement of the purpose of the meeting must be in bold type. In
reduced type, the notice must state: "The tax rate that is
ultimately adopted at this meeting or at a separate meeting at a
later date may not exceed the proposed rate shown below unless the
district provides [publishes a] revised notice containing the same
information and comparisons set out below and holds another public
meeting to discuss the revised notice.";
(2) contain a section entitled "Comparison of Proposed
Budget with Last Year's Budget," which must show the difference,
expressed as a percent increase or decrease, as applicable, in the
amounts budgeted for the preceding fiscal year and the amount
budgeted for the fiscal year that begins in the current tax year for
each of the following:
(A) maintenance and operations;
(B) debt service; and
(C) total expenditures;
(3) contain a section entitled "Total Appraised Value
and Total Taxable Value," which must show the total appraised value
and the total taxable value of all property and the total appraised
value and the total taxable value of new property taxable by the
district in the preceding tax year and the current tax year as
calculated under Section 26.04, Tax Code;
(4) contain a statement of the total amount of the
outstanding and unpaid bonded indebtedness of the school district;
(5) contain a section entitled "Comparison of Proposed
Rates with Last Year's Rates," which must:
(A) show in rows the tax rates described by
Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of
property, for columns entitled "Maintenance & Operations,"
"Interest & Sinking Fund," and "Total," which is the sum of
"Maintenance & Operations" and "Interest & Sinking Fund":
(i) the school district's "Last Year's
Rate";
(ii) the "Rate to Maintain Same Level of
Maintenance & Operations Revenue & Pay Debt Service," which:
(a) in the case of "Maintenance &
Operations," is the tax rate that, when applied to the current
taxable value for the district, as certified by the chief appraiser
under Section 26.01, Tax Code, and as adjusted to reflect changes
made by the chief appraiser as of the time the notice is prepared,
would impose taxes in an amount that, when added to state funds to
be distributed to the district under Chapter 42, would provide the
same amount of maintenance and operations taxes and state funds
distributed under Chapter 42 per student in average daily
attendance for the applicable school year that was available to the
district in the preceding school year; and
(b) in the case of "Interest & Sinking
Fund," is the tax rate that, when applied to the current taxable
value for the district, as certified by the chief appraiser under
Section 26.01, Tax Code, and as adjusted to reflect changes made by
the chief appraiser as of the time the notice is prepared, and when
multiplied by the district's anticipated collection rate, would
impose taxes in an amount that, when added to state funds to be
distributed to the district under Chapter 46 and any excess taxes
collected to service the district's debt during the preceding tax
year but not used for that purpose during that year, would provide
the amount required to service the district's debt; and
(iii) the "Proposed Rate";
(B) contain fourth and fifth columns aligned with
the columns required by Paragraph (A) that show, for each row
required by Paragraph (A):
(i) the "Local Revenue per Student," which
is computed by multiplying the district's total taxable value of
property, as certified by the chief appraiser for the applicable
school year under Section 26.01, Tax Code, and as adjusted to
reflect changes made by the chief appraiser as of the time the
notice is prepared, by the total tax rate, and dividing the product
by the number of students in average daily attendance in the
district for the applicable school year; and
(ii) the "State Revenue per Student," which
is computed by determining the amount of state aid received or to be
received by the district under Chapters 42, 43, and 46 and dividing
that amount by the number of students in average daily attendance in
the district for the applicable school year; and
(C) contain an asterisk after each calculation
for "Interest & Sinking Fund" and a footnote to the section that, in
reduced type, states "The Interest & Sinking Fund tax revenue is
used to pay for bonded indebtedness on construction, equipment, or
both. The bonds, and the tax rate necessary to pay those bonds,
were approved by the voters of this district.";
(6) contain a section entitled "Comparison of Proposed
Levy with Last Year's Levy on Average Residence," which must:
(A) show in rows the information described by
Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns
entitled "Last Year" and "This Year":
(i) "Average Market Value of Residences,"
determined using the same group of residences for each year;
(ii) "Average Taxable Value of Residences,"
determined after taking into account the limitation on the
appraised value of residences under Section 23.23, Tax Code, and
after subtracting all homestead exemptions applicable in each year,
other than exemptions available only to disabled persons or persons
65 years of age or older or their surviving spouses, and using the
same group of residences for each year;
(iii) "Last Year's Rate Versus Proposed
Rate per $100 Value"; and
(iv) "Taxes Due on Average Residence,"
determined using the same group of residences for each year; and
(B) contain the following information: "Increase
(Decrease) in Taxes" expressed in dollars and cents, which is
computed by subtracting the "Taxes Due on Average Residence" for
the preceding tax year from the "Taxes Due on Average Residence" for
the current tax year;
(7) contain the following statement in bold print:
"Under state law, the dollar amount of school taxes imposed on the
residence of a person 65 years of age or older or of the surviving
spouse of such a person, if the surviving spouse was 55 years of age
or older when the person died, may not be increased above the amount
paid in the first year after the person turned 65, regardless of
changes in tax rate or property value.";
(8) contain the following statement in bold print:
"Notice of Rollback Rate: The highest tax rate the district can
adopt before requiring voter approval at an election is (the school
district rollback rate determined under Section 26.08, Tax Code).
This election will be automatically held if the district adopts a
rate in excess of the rollback rate of (the school district rollback
rate)."; and
(9) contain a section entitled "Fund Balances," which
must include the estimated amount of interest and sinking fund
balances and the estimated amount of maintenance and operation or
general fund balances remaining at the end of the current fiscal
year that are not encumbered with or by corresponding debt
obligation, less estimated funds necessary for the operation of the
district before the receipt of the first payment under Chapter 42 in
the succeeding school year.
(i) A school district that uses a certified estimate, as
authorized by Subsection (h), may adopt a budget at the public
meeting designated in the notice prepared using the estimate, but
the district may not adopt a tax rate before the district receives
the certified appraisal roll for the district required by Section
26.01(a), Tax Code. After receipt of the certified appraisal roll,
the district must provide [publish a] revised notice and hold
another public meeting before the district may adopt a tax rate that
exceeds:
(1) the rate proposed in the notice prepared using the
estimate; or
(2) the district's rollback rate determined under
Section 26.08, Tax Code, using the certified appraisal roll.
(j) Notwithstanding Subsections (g), (h), and (i), a school
district may adopt a budget after the district adopts a tax rate for
the tax year in which the fiscal year covered by the budget begins
if the district elects to adopt a tax rate before receiving the
certified appraisal roll for the district as provided by Section
26.05(g), Tax Code. If a school district elects to adopt a tax rate
before adopting a budget, the district must provide [publish]
notice and hold a meeting for the purpose of discussing the proposed
tax rate as provided by this section. Following adoption of the tax
rate, the district must provide [publish] notice and hold another
public meeting before the district may adopt a budget. The
comptroller shall prescribe the language and format to be used in
the notices. The school district may use the certified estimate of
taxable value in preparing a notice under this subsection.
SECTION 24. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.011 to read as follows:
Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees
of a school district may adopt a resolution declaring a financial
exigency for the district. The declaration expires at the end of the
fiscal year during which the declaration is made unless the board
adopts a resolution before the end of the fiscal year declaring
continuation of the financial exigency for the following fiscal
year.
(b) The board is not limited in the number of times the board
may adopt a resolution declaring continuation of the financial
exigency.
(c) A board may terminate a financial exigency declaration
at any time if the board considers it appropriate.
SECTION 25. Section 45.003(a), Education Code, is amended
to read as follows:
(a) Bonds described by Section 45.001 may not be issued and
taxes described by Section 45.001 or 45.002 may not be levied unless
authorized by a majority of the qualified voters of the district,
voting at an election held for that purpose, at the expense of the
district, in accordance with the Election Code, except as provided
by this section. Each election must be called by resolution or
order of the governing board or commissioners court. The
resolution or order must state the date of the election, the
proposition or propositions to be submitted and voted on, the
polling place or places, and any other matters considered necessary
or advisable by the governing board or commissioners court. If an
election under this section is held as a joint election under
Chapter 271, Election Code, the polling places must be designated
in the manner provided by Section 11.0581(c) for polling places in
an election for trustees.
SECTION 26. Section 271.003(b), Election Code, is amended
to read as follows:
(b) The voters of a particular election precinct or
political subdivision may be served in a joint election by a common
polling place located outside the boundary of the election precinct
or political subdivision if the location can adequately and
conveniently serve the affected voters and will facilitate the
orderly conduct of the election, except as otherwise provided by
Section 11.0581, Education Code, or other law.
SECTION 27. Sections 825.405(a) and (b), Government Code,
are amended to read as follows:
(a) For members who would have been entitled to the minimum
salary for certain school personnel under Section 21.402, Education
Code, as that section existed on January 1, 2011, and 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, the employing district
shall pay the state's contribution on the portion of the member's
salary that exceeds the statutory minimum salary.
(b) For purposes of this section:
(1) the statutory minimum salary for certain school
personnel under Section 21.402, Education Code, as that section
existed on January 1, 2011, 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, as that section existed on
January 1, 2011, multiplied by the cost of education adjustment
applicable under Section 42.102, Education Code, to the district in
which the member is employed.
SECTION 28. (a) The following provisions of the Education
Code are repealed:
(1) Section 21.401;
(2) Section 21.402;
(3) Section 21.403;
(4) Section 21.4031;
(5) Section 21.410(l);
(6) Section 21.411(l);
(7) Section 21.412(l);
(8) Section 21.413(l);
(9) Section 29.0821(c); and
(10) Section 30.102(b).
(b) Section 823.404, Government Code, is repealed.
SECTION 29. A plan adopted by a school district under
Section 21.4032, Education Code, as added by this Act, may not be
used by the district for determining classroom teacher compensation
paid before the 2012-2013 school year.
SECTION 30. The changes in law made by Section 11.179,
Education Code, as added by this Act, and Sections 39.083(d),
39.306(c), and 44.004(b), (c), (i), and (j), Education Code, as
amended by this Act, apply only to notice for a hearing or meeting
for which notice is required to be provided on or after the
effective date of this Act. A notice for a hearing or meeting for
which notice is required to be provided before the effective date of
this Act is governed by the law in effect when the notice is
required to be provided, and the former law is continued in effect
for that purpose.
SECTION 31. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2011-2012 school
year.
(b) If this Act takes effect on or before April 10, 2011, the
change in law made by Sections 21.103 and 21.206, Education Code, as
amended by this Act, applies beginning with contracts for the
2011-2012 school year. If this Act takes effect after April 10,
2011, the change in law made by Sections 21.103 and 21.206,
Education Code, as amended by this Act, applies beginning with
contracts for the 2012-2013 school year.
SECTION 32. The repeal by this Act of Section 823.404,
Government Code, does not affect equivalent membership service
credit established under that section before the effective date of
this Act.
SECTION 33. 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.