HBA-TBM C.S.S.B. 1317 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1317
By: Staples
Pensions & Investments
5/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, state law prohibits retirees from the public education system
from being rehired without a loss of benefits by the retiree.  The 76th
Legislature passed legislation to make it easier for retirees to reenter
the classroom, but there are still barriers for districts attempting to
address shortages in teachers and support personnel.  C.S.S.B. 1317
prohibits the Teacher Retirement System of Texas from reducing retirement
benefits for retirees who return to service with public schools and who
were separated from service with all public schools on or before January 1,
2001, and allows local school boards to determine shortage areas in the
school districts based on guidelines adopted by the commissioner of
education.   

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. 

ANALYSIS

C.S.S.B. 1317 amends the Government Code to prohibit the Teacher Retirement
System of Texas (TRS) from withholding a monthly benefit payment if a
retiree is employed in a Texas public educational institution in a position
as a classroom teacher on as much as a full-time basis if the retiree is
teaching in a shortage area as determined by the school district, has been
separated from service with all public schools on or before January 1,
2001, has retired without reduction for retirement at an early age, and is
certified to teach the subjects assigned.  The bill also prohibits TRS from
withholding a monthly benefit payment if a retiree is employed in a Texas
public educational institution in a position other than as a classroom
teacher in a shortage area as determined by the school district on as much
as a full-time basis if the retiree has retired without a reduction for
retirement at an early age and has been separated from service with all
public schools on or before January 1, 2001.  The bill provides that a
reference to a substitute does not include a substitute superintendent of a
school district.  The bill requires the board of trustees of a school
district by rule to determine whether there are acute shortage areas in the
district.  A determination must be based on acute shortage area guidelines
that are adopted by the commissioner of education (commissioner).  The
guidelines adopted by the commissioner must include a list of acute
shortage areas, suggested criteria for identifying local acute shortage
areas, and a requirement that a preference in hiring be given to a
certified teacher who is an applicant for a position as a classroom teacher
and who is not a retiree.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.   

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1317 differs from the original by requiring the board of trustees
of a school district by rule to determine whether there are acute shortage
areas in a district based on guidelines adopted by the commissioner of
education.  The substitute sets forth the criteria the guidelines must
include.