82S10147 EAH-D
By: Callegari H.B. No. 17
A BILL TO BE ENTITLED
AN ACT
relating to the minimum salary for and minimum service required of
certain public school employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The following provisions of the Education
Code are repealed:
(1) Section 21.401;
(2) Section 21.402;
(3) Section 21.403;
(4) Section 21.410(l);
(5) Section 21.411(l);
(6) Section 21.412(l);
(7) Section 21.413(l);
(8) Section 29.0821(c); and
(9) Section 30.102(b).
(b) Section 823.404, Government Code, is repealed.
SECTION 2. 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 3. 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 4. 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 5. 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 6. Section 21.4031, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) In this section, "service[:
[(1) "Salary schedule" means the minimum salary
schedule under Section 21.402 or a comparable salary schedule used
by a school district that specifies salary amounts based on an
employee's level of experience.
[(2) "Service] record" means a school district
document that indicates the total years of service provided to the
district by a classroom teacher, librarian, counselor, or nurse.
(c) If a school district fails to provide an individual's
service record as required by Subsection (b), the agency shall, to
the extent that information is available to the agency, provide the
employing school district with the information [sufficient to
enable the district to determine proper placement of the individual
on the district's salary schedule].
(d) The commissioner shall adopt rules for determining the
experience as a classroom teacher, librarian, counselor, or nurse
for a school district for which an individual is to be given credit
for years of service for purposes of a service record. Each
district shall maintain service records in accordance with
commissioner rules adopted under this subsection.
SECTION 7. Subchapter I, Chapter 21, Education Code, is
amended by adding Sections 21.4033 and 21.4034 to read as follows:
Sec. 21.4033. MINIMUM SALARY FOR CERTAIN PROFESSIONAL
STAFF. A school district shall pay each district classroom
teacher, full-time librarian, full-time counselor certified under
Subchapter B, or full-time school nurse not less than an annual
salary of $27,320.
Sec. 21.4034. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS
AND OTHER DISTRICT EMPLOYEES. (a) This section applies only to a
widespread reduction in the amount of the annual salaries paid to
school district classroom teachers based primarily on district
financial conditions rather than on teacher performance.
(b) For any school year in which a school district has
reduced the amount of the annual salaries paid to district
classroom teachers from the amount paid for the preceding school
year, the district shall reduce the amount of the annual salary paid
to each district counselor, librarian, school nurse, and
school-level or district-level administrator by a percent or
fraction of a percent that is equal to the average percent or
fraction of a percent by which teacher salaries have been reduced.
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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 13. Section 825.405, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (j) to read
as follows:
(a) For members in a personnel position that 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, based on the member's years of experience.
(b) For purposes of this section,[:
[(1)] the statutory minimum salary is the amount
specified below [for certain school personnel under Section 21.402,
Education Code, 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:
Years of Monthly Years of Monthly
Years of Monthly
Experience Salary Experience Salary
Experience Salary
0 2,732 0 2,732
0 2,732
1 2,791 1 2,791
1 2,791
2 2,849 2 2,849
2 2,849
3 2,908 3 2,908
3 2,908
4 3,032 4 3,032
4 3,032
5 3,156 5 3,156
5 3,156
6 3,280 6 3,280
6 3,280
7 3,395 7 3,395
7 3,395
8 3,504 8 3,504
8 3,504
9 3,607 9 3,607
9 3,607
10 3,704 10 3,704
10 3,704
11 3,796 11 3,796
11 3,796
12 3,884 12 3,884
12 3,884
13 3,965 13 3,965
13 3,965
14 4,043 14 4,043
14 4,043
15 4,116 15 4,116
15 4,116
16 4,186 16 4,186
16 4,186
17 4,251 17 4,251
17 4,251
18 4,313 18 4,313
18 4,313
19 4,372 19 4,372
19 4,372
20 & Over 4,427 20 & Over 4,427
20 & Over 4,427
[; 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, multiplied by the cost of
education adjustment applicable under Section 42.102, Education
Code, to the district in which the member is employed.]
(j) At least once every four years, the Legislative Budget
Board shall review and make recommendations regarding revision of
the portion of the state's contribution for which school districts
are responsible under this section.
SECTION 14. This Act applies beginning with the 2011-2012
school year.
SECTION 15. 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 on the 91st day after the last day of
the legislative session.
Years of Monthly
Experience Salary
0 2,732
1 2,791
2 2,849
3 2,908
4 3,032
5 3,156
6 3,280
7 3,395
8 3,504
9 3,607
10 3,704
11 3,796
12 3,884
13 3,965
14 4,043
15 4,116
16 4,186
17 4,251
18 4,313
19 4,372
20 & Over 4,427