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Texas House Bill HB17

Texas 2011 - 82nd 1st C.S.

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11 82S10147 EAH-D
22 By: Callegari H.B. No. 17
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the minimum salary for and minimum service required of
88 certain public school employees.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. (a) The following provisions of the Education
1111 Code are repealed:
1212 (1) Section 21.401;
1313 (2) Section 21.402;
1414 (3) Section 21.403;
1515 (4) Section 21.410(l);
1616 (5) Section 21.411(l);
1717 (6) Section 21.412(l);
1818 (7) Section 21.413(l);
1919 (8) Section 29.0821(c); and
2020 (9) Section 30.102(b).
2121 (b) Section 823.404, Government Code, is repealed.
2222 SECTION 2. Sections 12.133(b), (b-1), (c), and (d-1),
2323 Education Code, are amended to read as follows:
2424 (b) Each school year, using state funds received by the
2525 charter holder for that purpose under Subsection (d), a charter
2626 holder that participated in the program under Chapter 1579,
2727 Insurance Code, for the 2005-2006 school year shall provide
2828 employees of the charter holder, other than administrators,
2929 compensation in the form of annual salaries, incentives, or other
3030 compensation determined appropriate by the charter holder that
3131 results in an average compensation increase for classroom teachers,
3232 full-time librarians, full-time counselors, and full-time school
3333 nurses who are employed by the charter holder [and who would be
3434 entitled to a minimum salary under Section 21.402 if employed by a
3535 school district,] in an amount at least equal to $2,500.
3636 (b-1) Using state funds received by the charter holder for
3737 that purpose under Subsection (d-1), a charter holder that
3838 participated in the program under Chapter 1579, Insurance Code, for
3939 the 2005-2006 school year shall provide employees of the charter
4040 holder, other than administrators, compensation in the form of
4141 annual salaries, incentives, or other compensation determined
4242 appropriate by the charter holder that results in average
4343 compensation increases as follows:
4444 (1) for full-time employees other than full-time
4545 classroom teachers, full-time librarians, full-time counselors,
4646 and full-time nurses [employees who would be entitled to a minimum
4747 salary under Section 21.402 if employed by a school district], an
4848 average increase at least equal to $500; and
4949 (2) for part-time employees, an average increase at
5050 least equal to $250.
5151 (c) Each school year, using state funds received by the
5252 charter holder for that purpose under Subsection (e), a charter
5353 holder that did not participate in the program under Chapter 1579,
5454 Insurance Code, for the 2005-2006 school year shall provide
5555 employees of the charter holder, other than administrators,
5656 compensation in the form of annual salaries, incentives, or other
5757 compensation determined appropriate by the charter holder that
5858 results in an average compensation increase for classroom teachers,
5959 full-time librarians, full-time counselors, and full-time school
6060 nurses who are employed by the charter holder [and who would be
6161 entitled to a minimum salary under Section 21.402 if employed by a
6262 school district,] in an amount at least equal to $2,000.
6363 (d-1) In addition to any amounts to which a charter holder
6464 is entitled under this chapter, a charter holder that participated
6565 in the program under Chapter 1579, Insurance Code, for the
6666 2005-2006 school year is entitled to state aid in an amount, as
6767 determined by the commissioner, equal to the sum of:
6868 (1) the product of $500 multiplied by the number of
6969 full-time employees other than full-time classroom teachers,
7070 full-time librarians, full-time counselors, and full-time nurses
7171 [employees who would be entitled to a minimum salary under Section
7272 21.402 if employed by a school district]; and
7373 (2) the product of $250 multiplied by the number of
7474 part-time employees.
7575 SECTION 3. Section 19.007(f), Education Code, is amended to
7676 read as follows:
7777 (f) In addition to other amounts received by the district
7878 under this section, the district is entitled to state aid in an
7979 amount equal to the product of $2,000 multiplied by the number of
8080 classroom teachers, full-time librarians, full-time counselors
8181 certified under Subchapter B, Chapter 21, and full-time school
8282 nurses who are employed by the district [and who would be entitled
8383 to a minimum salary under Section 21.402 if employed by a school
8484 district operating under Chapter 11].
8585 SECTION 4. Section 19.009(d-1), Education Code, is amended
8686 to read as follows:
8787 (d-1) Each school year, the district shall pay an amount at
8888 least equal to $2,000 to each classroom teacher, full-time
8989 librarian, full-time counselor certified under Subchapter B,
9090 Chapter 21, and full-time school nurse who is employed by the
9191 district [and who would be entitled to a minimum salary under
9292 Section 21.402 if employed by a school district operating under
9393 Chapter 11]. A payment under this section is in addition to wages
9494 the district would otherwise pay the employee during the school
9595 year.
9696 SECTION 5. Section 21.0031(b), Education Code, is amended
9797 to read as follows:
9898 (b) After an employee receives notice that the employee's
9999 contract is void under Subsection (a),[:
100100 [(1)] a school district may:
101101 (1) [(A)] terminate the employee;
102102 (2) [(B)] suspend the employee with or without pay; or
103103 (3) [(C)] retain the employee for the remainder of the
104104 school year on an at-will employment basis in a position other than
105105 classroom teacher at the employee's existing rate of pay or at a
106106 reduced rate[; and
107107 [(2) the employee is not entitled to the minimum
108108 salary prescribed by Section 21.402].
109109 SECTION 6. Section 21.4031, Education Code, is amended by
110110 amending Subsections (a) and (c) and adding Subsection (d) to read
111111 as follows:
112112 (a) In this section, "service[:
113113 [(1) "Salary schedule" means the minimum salary
114114 schedule under Section 21.402 or a comparable salary schedule used
115115 by a school district that specifies salary amounts based on an
116116 employee's level of experience.
117117 [(2) "Service] record" means a school district
118118 document that indicates the total years of service provided to the
119119 district by a classroom teacher, librarian, counselor, or nurse.
120120 (c) If a school district fails to provide an individual's
121121 service record as required by Subsection (b), the agency shall, to
122122 the extent that information is available to the agency, provide the
123123 employing school district with the information [sufficient to
124124 enable the district to determine proper placement of the individual
125125 on the district's salary schedule].
126126 (d) The commissioner shall adopt rules for determining the
127127 experience as a classroom teacher, librarian, counselor, or nurse
128128 for a school district for which an individual is to be given credit
129129 for years of service for purposes of a service record. Each
130130 district shall maintain service records in accordance with
131131 commissioner rules adopted under this subsection.
132132 SECTION 7. Subchapter I, Chapter 21, Education Code, is
133133 amended by adding Sections 21.4033 and 21.4034 to read as follows:
134134 Sec. 21.4033. MINIMUM SALARY FOR CERTAIN PROFESSIONAL
135135 STAFF. A school district shall pay each district classroom
136136 teacher, full-time librarian, full-time counselor certified under
137137 Subchapter B, or full-time school nurse not less than an annual
138138 salary of $27,320.
139139 Sec. 21.4034. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS
140140 AND OTHER DISTRICT EMPLOYEES. (a) This section applies only to a
141141 widespread reduction in the amount of the annual salaries paid to
142142 school district classroom teachers based primarily on district
143143 financial conditions rather than on teacher performance.
144144 (b) For any school year in which a school district has
145145 reduced the amount of the annual salaries paid to district
146146 classroom teachers from the amount paid for the preceding school
147147 year, the district shall reduce the amount of the annual salary paid
148148 to each district counselor, librarian, school nurse, and
149149 school-level or district-level administrator by a percent or
150150 fraction of a percent that is equal to the average percent or
151151 fraction of a percent by which teacher salaries have been reduced.
152152 SECTION 8. Section 21.4551(e), Education Code, is amended
153153 to read as follows:
154154 (e) From funds appropriated for that purpose, a teacher who
155155 attends a reading academy is entitled to receive a stipend in the
156156 amount determined by the commissioner. [A stipend received under
157157 this subsection is not considered in determining whether a district
158158 is paying the teacher the minimum monthly salary under Section
159159 21.402.]
160160 SECTION 9. Section 22.107(a), Education Code, is amended to
161161 read as follows:
162162 (a) A school district shall pay each full-time district
163163 employee, other than an administrator or a classroom teacher,
164164 full-time librarian, full-time counselor certified under
165165 Subchapter B, Chapter 21, or full-time school nurse [an employee
166166 subject to the minimum salary schedule under Section 21.402], an
167167 amount at least equal to $500.
168168 SECTION 10. Section 30.022(f), Education Code, is amended
169169 to read as follows:
170170 (f) Before the beginning of each fiscal year, the board
171171 shall adopt a calendar for the school's operation that provides for
172172 at least[:
173173 [(1)] the minimum number of days of instruction
174174 required by Section 25.081[; and
175175 [(2) the minimum number of days of service required by
176176 Section 21.401].
177177 SECTION 11. Section 30.052(f), Education Code, is amended
178178 to read as follows:
179179 (f) Before the beginning of each fiscal year, the board
180180 shall adopt a calendar for the school's operation that provides for
181181 at least[:
182182 [(1)] the minimum number of days of instruction
183183 required by Section 25.081[; and
184184 [(2) the minimum number of days of service required by
185185 Section 21.401].
186186 SECTION 12. Section 42.2513(a), Education Code, is amended
187187 to read as follows:
188188 (a) A school district, including a school district that is
189189 otherwise ineligible for state aid under this chapter, is entitled
190190 to state aid in an amount equal to the sum of:
191191 (1) the product of $500 multiplied by the number of
192192 full-time district employees, other than administrators or
193193 classroom teachers, full-time librarians, full-time counselors
194194 certified under Subchapter B, Chapter 21, or full-time school
195195 nurses [employees subject to the minimum salary schedule under
196196 Section 21.402]; and
197197 (2) the product of $250 multiplied by the number of
198198 part-time district employees, other than administrators.
199199 SECTION 13. Section 825.405, Government Code, is amended by
200200 amending Subsections (a) and (b) and adding Subsection (j) to read
201201 as follows:
202202 (a) For members in a personnel position that would have been
203203 entitled to the minimum salary for certain school personnel under
204204 Section 21.402, Education Code, as that section existed on January
205205 1, 2011, and for members who would have been entitled to the minimum
206206 salary for certain school personnel under former Section 16.056,
207207 Education Code, as that section existed on January 1, 1995, the
208208 employing district shall pay the state's contribution on the
209209 portion of the member's salary that exceeds the statutory minimum
210210 salary, based on the member's years of experience.
211211 (b) For purposes of this section,[:
212212 [(1)] the statutory minimum salary is the amount
213213 specified below [for certain school personnel under Section 21.402,
214214 Education Code, is the salary provided by that section] multiplied
215215 by the cost of education adjustment applicable under Section
216216 42.102, Education Code, to the district in which the member is
217217 employed:
218218 Years of Monthly Years of Monthly
219219 Years of Monthly
220220 Experience Salary Experience Salary
221221 Experience Salary
222222 0 2,732 0 2,732
223223 0 2,732
224224 1 2,791 1 2,791
225225 1 2,791
226226 2 2,849 2 2,849
227227 2 2,849
228228 3 2,908 3 2,908
229229 3 2,908
230230 4 3,032 4 3,032
231231 4 3,032
232232 5 3,156 5 3,156
233233 5 3,156
234234 6 3,280 6 3,280
235235 6 3,280
236236 7 3,395 7 3,395
237237 7 3,395
238238 8 3,504 8 3,504
239239 8 3,504
240240 9 3,607 9 3,607
241241 9 3,607
242242 10 3,704 10 3,704
243243 10 3,704
244244 11 3,796 11 3,796
245245 11 3,796
246246 12 3,884 12 3,884
247247 12 3,884
248248 13 3,965 13 3,965
249249 13 3,965
250250 14 4,043 14 4,043
251251 14 4,043
252252 15 4,116 15 4,116
253253 15 4,116
254254 16 4,186 16 4,186
255255 16 4,186
256256 17 4,251 17 4,251
257257 17 4,251
258258 18 4,313 18 4,313
259259 18 4,313
260260 19 4,372 19 4,372
261261 19 4,372
262262 20 & Over 4,427 20 & Over 4,427
263263 20 & Over 4,427
264264 [; and
265265 [(2) the statutory minimum salary for members who
266266 would have been entitled to the minimum salary for certain school
267267 personnel under former Section 16.056, Education Code, as that
268268 section existed on January 1, 1995, is a minimum salary computed in
269269 the same manner as the minimum salary for certain school personnel
270270 under Section 21.402, Education Code, multiplied by the cost of
271271 education adjustment applicable under Section 42.102, Education
272272 Code, to the district in which the member is employed.]
273273 (j) At least once every four years, the Legislative Budget
274274 Board shall review and make recommendations regarding revision of
275275 the portion of the state's contribution for which school districts
276276 are responsible under this section.
277277 SECTION 14. This Act applies beginning with the 2011-2012
278278 school year.
279279 SECTION 15. This Act takes effect immediately if it
280280 receives a vote of two-thirds of all the members elected to each
281281 house, as provided by Section 39, Article III, Texas Constitution.
282282 If this Act does not receive the vote necessary for immediate
283283 effect, this Act takes effect on the 91st day after the last day of
284284 the legislative session.
285285
286286 Years of Monthly
287287
288288 Experience Salary
289289
290290 0 2,732
291291
292292 1 2,791
293293
294294 2 2,849
295295
296296 3 2,908
297297
298298 4 3,032
299299
300300 5 3,156
301301
302302 6 3,280
303303
304304 7 3,395
305305
306306 8 3,504
307307
308308 9 3,607
309309
310310 10 3,704
311311
312312 11 3,796
313313
314314 12 3,884
315315
316316 13 3,965
317317
318318 14 4,043
319319
320320 15 4,116
321321
322322 16 4,186
323323
324324 17 4,251
325325
326326 18 4,313
327327
328328 19 4,372
329329
330330 20 & Over 4,427