HBA-SEB C.S.H.B. 1702 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1702
By: Delisi
Pensions and Investments
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas is experiencing a teacher shortage.  In order to alleviate
this shortage and to attract experienced teachers, C.S.H.B. 1702 prohibits
the Teacher Retirement System of Texas from withholding a retired
educator's monthly benefit if the educator decides to return to the
classroom to teach a subject area in which the educator is properly
certified in an acute shortage area, the retiree's annuity has not been
reduced due to retirement at an early age, and the retiree has not taught
in the public school system for at least 12 months.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 824.602(a), Government Code, to prohibit the
Teacher Retirement System of Texas (TRS), subject to Section 825.506 (Plan
Qualification), from withholding a monthly benefit payment under Section
824.601 (Loss of Monthly Benefits) if the retiree is employed in a Texas
public educational institution as a substitute, in a position other than a
substitute on no more than a one-half time basis, in certain full-time
positions.  Adds a provision which prohibits TRS from withholding a monthly
benefit payment if the retiree has retired under Section 824.202(a)
(regarding eligibility for service retirement) without reduction for
retirement at an early age, is employed in a Texas public educational
institution on as much as a full-time basis as a classroom teacher if the
retiree is certified under Subchapter B, Chapter 21, Education Code
(Certification of Educators), to teach the subjects assigned, is teaching
in an acute shortage area as defined by the commissioner of education, and
has been separated from service with all public schools for at least 12
months.  Makes conforming changes. 

SECTION 2.  Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by amending Section
824.602(a), Government Code, to add a provision that prohibits TRS from
withholding a monthly benefit payment from a retiree, subject to Section
825.506, Government Code (Plan Qualification).  The substitute also adds
conditions for a retiree who returns to the classroom on as much as a
full-time basis in an acute shortage area to teach a subject area in which
the retiree is certified if the retiree is to continue receiving monthly
benefit payments.  The substitute adds that the retiree must have retired
under Section 824.202(a) without reduction for retirement at an early age
and must have been separated from service with all public schools for at
least 12 months.