Texas 2019 - 86th Regular

Texas Senate Bill SB722 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R33658 CAE-D
2		-	By: Campbell, et al. S.B. No. 722
3		-	(Huberty)
4		-	Substitute the following for S.B. No. 722: No.
	1	+	By: Campbell, Hall S.B. No. 722
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to prohibiting a severance payment to a superintendent of
10		-	a school district in certain circumstances.
	6	+	relating to a severance payment to a superintendent or
	7	+	administrator serving as educational leader and chief executive
	8	+	officer of a school district or an open-enrollment charter school.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 11.201(c), Education Code, is amended to
13	11		read as follows:
14	12		(c) For purposes of this subsection, "severance payment"
15	13		means any amount paid by the board of trustees of an independent
16	14		school district to or in behalf of a superintendent on early
17	15		termination of the superintendent's contract that exceeds the
18	16		amount earned by the superintendent under the contract as of the
19	17		date of termination, including any amount that exceeds the amount
20	18		of earned standard salary and benefits that is paid as a condition
21		-	of early termination of the contract. The board of trustees that
22		-	makes a severance payment to a superintendent shall report the
23		-	terms of the severance payment to the commissioner. The
24		-	commissioner shall reduce the district's Foundation School Program
25		-	funds by any amount that the amount of the severance payment to the
26		-	superintendent exceeds an amount equal to one year's salary and
27		-	benefits under the superintendent's terminated contract. The board
28		-	of trustees may not make any severance payment if the
29		-	superintendent's contract was terminated for cause under Section
30		-	21.211 or not renewed for cause or if the superintendent resigned in
31		-	lieu of termination or nonrenewal for cause. The commissioner may
32		-	adopt rules as necessary to administer this subsection.
33		-	SECTION 2. This Act takes effect September 1, 2019.
	19	+	of early termination of the contract. The board of trustees may not
	20	+	make a severance payment to a superintendent in an amount greater
	21	+	than one year's salary under the superintendent's terminated
	22	+	contract. The board of trustees that makes a severance payment to a
	23	+	superintendent shall report the terms of the severance payment to
	24	+	the commissioner. [The commissioner shall reduce the district's
	25	+	Foundation School Program funds by any amount that the amount of the
	26	+	severance payment to the superintendent exceeds an amount equal to
	27	+	one year's salary and benefits under the superintendent's
	28	+	terminated contract.] The commissioner may adopt rules as necessary
	29	+	to administer this subsection.
	30	+	SECTION 2. Section 12.104, Education Code, is amended by
	31	+	adding Subsection (b-4) to read as follows:
	32	+	(b-4) Section 11.201(c) applies to an open-enrollment
	33	+	charter school as though the governing body of the school were the
	34	+	board of trustees of a school district and to the superintendent or,
	35	+	as applicable, the administrator serving as educational leader and
	36	+	chief executive officer of the school as though that person were the
	37	+	superintendent of a school district.
	38	+	SECTION 3. (a) Section 11.201(c), Education Code, as
	39	+	amended by this Act, applies only to a severance payment made by the
	40	+	board of trustees of an independent school district to a
	41	+	superintendent under an agreement entered into on or after the
	42	+	effective date of this Act. A severance payment made by the board
	43	+	of trustees of an independent school district to a superintendent
	44	+	under an agreement entered into before the effective date of this
	45	+	Act is governed by the law in effect at the time the agreement was
	46	+	made, and that law is continued in effect for that purpose.
	47	+	(b) Section 12.104(b-4), Education Code, as added by this
	48	+	Act, applies only to a severance payment made by the governing body
	49	+	of an open-enrollment charter school to a superintendent or
	50	+	administrator serving as educational leader and chief executive
	51	+	officer under an agreement entered into on or after the effective
	52	+	date of this Act. A severance payment made by the governing body of
	53	+	an open-enrollment charter school to a superintendent or
	54	+	administrator serving as educational leader and chief executive
	55	+	officer under an agreement entered into before the effective date
	56	+	of this Act is governed by the law in effect at the time the
	57	+	agreement was made, and that law is continued in effect for that
	58	+	purpose.
	59	+	SECTION 4. This Act takes effect immediately if it receives
	60	+	a vote of two-thirds of all the members elected to each house, as
	61	+	provided by Section 39, Article III, Texas Constitution. If this
	62	+	Act does not receive the vote necessary for immediate effect, this
	63	+	Act takes effect September 1, 2019.