| 1 | 1 | | By: Leo-Wilson H.B. No. 646 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a severance payment to a superintendent of a school |
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| 7 | 7 | | district. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 11.201(c), Education Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (c) For purposes of this subsection, "severance payment" |
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| 12 | 12 | | means any amount paid by the board of trustees of an independent |
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| 13 | 13 | | school district to or in behalf of a superintendent on early |
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| 14 | 14 | | termination of the superintendent's contract that exceeds the |
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| 15 | 15 | | amount earned by the superintendent under the contract as of the |
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| 16 | 16 | | date of termination, including any amount that exceeds the amount |
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| 17 | 17 | | of earned standard salary and benefits that is paid as a condition |
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| 18 | 18 | | of early termination of the contract. The board of trustees may not |
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| 19 | 19 | | make a severance payment to a superintendent. The board of trustees |
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| 20 | 20 | | that makes a severance payment to a superintendent shall report the |
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| 21 | 21 | | terms of the severance payment to the commissioner. [The |
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| 22 | 22 | | commissioner shall reduce the district's Foundation School Program |
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| 23 | 23 | | funds by any amount that the amount of the severance payment to the |
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| 24 | 24 | | superintendent exceeds an amount equal to one year's salary and |
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| 25 | 25 | | benefits under the superintendent's terminated contract.] The |
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| 26 | 26 | | commissioner may adopt rules as necessary to administer this |
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| 27 | 27 | | subsection. |
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| 28 | 28 | | SECTION 2. Section 11.201(c), Education Code, as amended by |
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| 29 | 29 | | this Act, applies only to a severance payment made by the board of |
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| 30 | 30 | | trustees of an independent school district to a superintendent |
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| 31 | 31 | | under an agreement entered into on or after the effective date of |
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| 32 | 32 | | this Act. A severance payment made by the board of trustees of an |
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| 33 | 33 | | independent school district to a superintendent under an agreement |
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| 34 | 34 | | entered into before the effective date of this Act is governed by |
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| 35 | 35 | | the law in effect at the time the agreement was made, and that law is |
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| 36 | 36 | | continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2023. |
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