Texas 2021 - 87th Regular

Texas Senate Bill SB1356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1356
	1	+	By: Hughes, et al. S.B. No. 1356
	2	+	(Dutton)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the participation by members of nonprofit teacher
6	8		organizations in a tutoring program for public school students and
7	9		related retirement benefits for certain tutors participating in the
8	10		program.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 22.092(d), Education Code, is amended to
11	13		read as follows:
12	14		(d) The agency shall provide [private schools and public
13	15		schools] equivalent access to the registry maintained under this
14	16		section to:
15	17		(1) private schools;
16	18		(2) public schools; and
17	19		(3) nonprofit teacher organizations approved by the
18	20		commissioner for the purpose of participating in the tutoring
19	21		program established under Section 33.913.
20	22		SECTION 2. Subchapter Z, Chapter 33, Education Code, is
21	23		amended by adding Section 33.913 to read as follows:
22	24		Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit
23		-	teacher organization or a person who is not a member but meets the
24		-	requirements under Subsection (b) may participate in a tutoring
25		-	program in accordance with this section to provide supplemental
26		-	instruction to students in kindergarten through grade 12 on an
27		-	individualized or small-group basis.
	25	+	teacher organization may participate in a tutoring program in
	26	+	accordance with this section to provide supplemental instruction to
	27	+	students in kindergarten through grade 12 on an individualized or
	28	+	small-group basis.
28	29		(b) To participate in the program as a tutor, a person must:
29	30		(1) be an active or retired teacher;
30	31		(2) apply for the position in a manner specified by the
31	32		nonprofit organization;
32	33		(3) designate in the application whether the person
33	34		plans to provide tutoring:
34	35		(A) for compensation, on a volunteer basis, or
35	36		both; and
36		-	(B) in person, online, or both; and
	37	+	(B) in-person, online, or both; and
37	38		(4) not be included in the registry of persons not
38	39		eligible for employment by a public school under Section 22.092.
39		-	(c) The superintendent or chief executive officer of each
40		-	school district or open-enrollment charter school or the person
41		-	designated by the superintendent or chief executive officer shall:
42		-	(1) oversee the tutoring program within the district
43		-	or school; and
44		-	(2) not later than the last day of each semester,
45		-	submit a report to the board of trustees of the district or the
46		-	governing body of the school that includes, with respect to that
47		-	semester:
48		-	(A) the number of active or retired teachers who
49		-	contacted the district or school to offer tutoring services to
50		-	students in the district or school; and
51		-	(B) the number of active or retired teachers who
52		-	were used by the district or school as a tutor on a volunteer basis
53		-	or employed by the district or school to provide tutoring services
54		-	for compensation.
55		-	(d) A school district or open-enrollment charter school may
56		-	use any available local, state, or federal funds to provide
57		-	compensation to a person participating in the program as a tutor who
58		-	is providing tutoring for compensation under the program.
	40	+	(c) Each school district superintendent or the person
	41	+	designated by the superintendent shall oversee the tutoring program
	42	+	within the district.
	43	+	(d) A school district may use any available state or federal
	44	+	funds to provide compensation to a person participating in the
	45	+	program as a tutor who is providing tutoring for compensation under
	46	+	the program.
59	47		(e) If an active or retired teacher who has been approved
60	48		for participation in the tutoring program contacts a school
61		-	district or open-enrollment charter school to provide tutoring to
62		-	students in the district or school and the district or school needs
63		-	tutoring assistance, the district or school may:
	49	+	district to provide tutoring to students in the district, the
	50	+	district shall:
64	51		(1) if the teacher is providing tutoring services on a
65	52		volunteer basis, use the volunteer tutoring services provided by
66	53		the teacher; or
67		-	(2) if the district or school has local, state, or
68		-	federal funds for purposes of the tutoring program and the teacher
69		-	is providing tutoring services for compensation, employ the teacher
70		-	as a tutor.
	54	+	(2) if the district has state or federal funds for
	55	+	purposes of the tutoring program and the teacher is providing
	56	+	tutoring services for compensation, employ the teacher as a tutor.
71	57		(f) At least quarterly, each nonprofit organization
72	58		participating in the tutoring program shall provide to the
73	59		organization's members:
74	60		(1) a description of the tutoring program and guidance
75	61		on how to participate in the program; and
76	62		(2) the contact information of each person described
77	63		by Subsection (c) for the school district in which the member
78		-	resides, any open-enrollment charter schools located within that
79		-	district, and any adjacent districts.
80		-	(g) This section does not create a cause of action or
81		-	liability or an obligation or duty that provides a basis for a cause
82		-	of action or liability against a nonprofit teacher organization
83		-	approved by the commissioner for the purpose of participating in
84		-	the tutoring program for any action taken by a member of the
85		-	organization participating in the program as a tutor.
	64	+	resides and any adjacent districts.
86	65		SECTION 3. Section 824.602(a), Government Code, is amended
87	66		to read as follows:
88	67		(a) Subject to Section 825.506, the retirement system may
89	68		not, under Section 824.601, withhold a monthly benefit payment if
90	69		the retiree is employed in a Texas public educational institution:
91	70		(1) as a substitute only with pay not more than the
92	71		daily rate of substitute pay established by the employer and, if the
93	72		retiree is a disability retiree, the employment has not exceeded a
94	73		total of 90 days in the school year;
95	74		(2) in a position, other than as a substitute, on no
96	75		more than a one-half time basis for the month;
97	76		(3) in one or more positions on as much as a full-time
98	77		basis, if the retiree has been separated from service with all Texas
99	78		public educational institutions for at least 12 full consecutive
100	79		months after the retiree's effective date of retirement; [or]
101	80		(4) in a position, other than as a substitute, on no
102	81		more than a one-half time basis for no more than 90 days in the
103	82		school year, if the retiree is a disability retiree; or
104	83		(5) as a tutor under Section 33.913, Education Code.
105	84		SECTION 4. Subchapter G, Chapter 825, Government Code, is
106	85		amended by adding Section 825.604 to read as follows:
107	86		Sec. 825.604. INFORMATION PROVIDED TO MEMBERS. The
108	87		retirement system shall regularly provide information in an
109	88		electronic format to members and retirees regarding the tutoring
110	89		program established under Section 33.913, Education Code, that
111	90		includes:
112	91		(1) general information regarding the tutoring
113	92		program; and
114	93		(2) a statement directing members and retirees who
115	94		want to participate in the tutoring program to contact their local
116		-	school districts or open-enrollment charter schools for further
117		-	guidance.
	95	+	school districts for further guidance.
118	96		SECTION 5. (a) Subject to Subsection (b) of this section,
119	97		the changes in law made by this Act apply to a retiree of the Teacher
120	98		Retirement System of Texas regardless of whether the person retired
121	99		from employment before, on, or after the effective date of this Act.
122	100		(b) Section 824.602(a), Government Code, as amended by this
123	101		Act, applies only to the employment of a retiree of the Teacher
124	102		Retirement System of Texas that occurs on or after the effective
125	103		date of this Act.
126	104		SECTION 6. This Act applies beginning with the 2021-2022
127	105		school year.
128	106		SECTION 7. This Act takes effect immediately if it receives
129	107		a vote of two-thirds of all the members elected to each house, as
130	108		provided by Section 39, Article III, Texas Constitution. If this
131	109		Act does not receive the vote necessary for immediate effect, this
132	110		Act takes effect September 1, 2021.
133		-	______________________________ ______________________________
134		-	President of the Senate Speaker of the House
135		-	I hereby certify that S.B. No. 1356 passed the Senate on
136		-	April 23, 2021, by the following vote: Yeas 31, Nays 0;
137		-	May 25, 2021, Senate refused to concur in House amendments and
138		-	requested appointment of Conference Committee; May 27, 2021, House
139		-	granted request of the Senate; May 30, 2021, Senate adopted
140		-	Conference Committee Report by the following vote: Yeas 31,
141		-	Nays 0.
142		-	______________________________
143		-	Secretary of the Senate
144		-	I hereby certify that S.B. No. 1356 passed the House, with
145		-	amendments, on May 24, 2021, by the following vote: Yeas 141,
146		-	Nays 1, one present not voting; May 27, 2021, House granted request
147		-	of the Senate for appointment of Conference Committee;
148		-	May 29, 2021, House adopted Conference Committee Report by the
149		-	following vote: Yeas 138, Nays 0, one present not voting.
150		-	______________________________
151		-	Chief Clerk of the House
152		-	Approved:
153		-	______________________________
154		-	Date
155		-	______________________________
156		-	Governor