| 1 | 1 | | 86R2225 SRS-D |
|---|
| 2 | 2 | | By: Toth H.B. No. 3101 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a severance payment to a superintendent of a school |
|---|
| 8 | 8 | | district. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 11.201(c), Education Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (c) For purposes of this subsection, "severance payment" |
|---|
| 13 | 13 | | means any amount paid by the board of trustees of an independent |
|---|
| 14 | 14 | | school district to or in behalf of a superintendent on early |
|---|
| 15 | 15 | | termination of the superintendent's contract that exceeds the |
|---|
| 16 | 16 | | amount earned by the superintendent under the contract as of the |
|---|
| 17 | 17 | | date of termination, including any amount that exceeds the amount |
|---|
| 18 | 18 | | of earned standard salary and benefits that is paid as a condition |
|---|
| 19 | 19 | | of early termination of the contract. The board of trustees may not |
|---|
| 20 | 20 | | make a severance payment to a superintendent in an amount greater |
|---|
| 21 | 21 | | than one year's salary under the superintendent's terminated |
|---|
| 22 | 22 | | contract. The board of trustees that makes a severance payment to a |
|---|
| 23 | 23 | | superintendent shall report the terms of the severance payment to |
|---|
| 24 | 24 | | the commissioner. [The commissioner shall reduce the district's |
|---|
| 25 | 25 | | Foundation School Program funds by any amount that the amount of the |
|---|
| 26 | 26 | | severance payment to the superintendent exceeds an amount equal to |
|---|
| 27 | 27 | | one year's salary and benefits under the superintendent's |
|---|
| 28 | 28 | | terminated contract.] The commissioner may adopt rules as necessary |
|---|
| 29 | 29 | | to administer this subsection. |
|---|
| 30 | 30 | | SECTION 2. Section 11.201(c), Education Code, as amended by |
|---|
| 31 | 31 | | this Act, applies only to a severance payment made by the board of |
|---|
| 32 | 32 | | trustees of an independent school district to a superintendent |
|---|
| 33 | 33 | | under an agreement entered into on or after the effective date of |
|---|
| 34 | 34 | | this Act. A severance payment made by the board of trustees of an |
|---|
| 35 | 35 | | independent school district to a superintendent under an agreement |
|---|
| 36 | 36 | | entered into before the effective date of this Act is governed by |
|---|
| 37 | 37 | | the law in effect at the time the agreement was made, and that law is |
|---|
| 38 | 38 | | continued in effect for that purpose. |
|---|
| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 43 | 43 | | Act takes effect September 1, 2019. |
|---|