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AN ACT
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relating to the participation by members of nonprofit teacher |
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organizations in a tutoring program for public school students and |
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related retirement benefits for certain tutors participating in the |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.092(d), Education Code, is amended to |
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read as follows: |
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(d) The agency shall provide [private schools and public |
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schools] equivalent access to the registry maintained under this |
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section to: |
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(1) private schools; |
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(2) public schools; and |
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(3) nonprofit teacher organizations approved by the |
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commissioner for the purpose of participating in the tutoring |
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program established under Section 33.913. |
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SECTION 2. Subchapter Z, Chapter 33, Education Code, is |
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amended by adding Section 33.913 to read as follows: |
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Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit |
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teacher organization or a person who is not a member but meets the |
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requirements under Subsection (b) may participate in a tutoring |
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program in accordance with this section to provide supplemental |
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instruction to students in kindergarten through grade 12 on an |
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individualized or small-group basis. |
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(b) To participate in the program as a tutor, a person must: |
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(1) be an active or retired teacher; |
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(2) apply for the position in a manner specified by the |
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nonprofit organization; |
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(3) designate in the application whether the person |
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plans to provide tutoring: |
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(A) for compensation, on a volunteer basis, or |
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both; and |
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(B) in person, online, or both; and |
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(4) not be included in the registry of persons not |
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eligible for employment by a public school under Section 22.092. |
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(c) The superintendent or chief executive officer of each |
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school district or open-enrollment charter school or the person |
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designated by the superintendent or chief executive officer shall: |
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(1) oversee the tutoring program within the district |
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or school; and |
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(2) not later than the last day of each semester, |
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submit a report to the board of trustees of the district or the |
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governing body of the school that includes, with respect to that |
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semester: |
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(A) the number of active or retired teachers who |
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contacted the district or school to offer tutoring services to |
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students in the district or school; and |
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(B) the number of active or retired teachers who |
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were used by the district or school as a tutor on a volunteer basis |
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or employed by the district or school to provide tutoring services |
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for compensation. |
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(d) A school district or open-enrollment charter school may |
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use any available local, state, or federal funds to provide |
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compensation to a person participating in the program as a tutor who |
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is providing tutoring for compensation under the program. |
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(e) If an active or retired teacher who has been approved |
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for participation in the tutoring program contacts a school |
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district or open-enrollment charter school to provide tutoring to |
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students in the district or school and the district or school needs |
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tutoring assistance, the district or school may: |
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(1) if the teacher is providing tutoring services on a |
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volunteer basis, use the volunteer tutoring services provided by |
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the teacher; or |
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(2) if the district or school has local, state, or |
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federal funds for purposes of the tutoring program and the teacher |
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is providing tutoring services for compensation, employ the teacher |
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as a tutor. |
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(f) At least quarterly, each nonprofit organization |
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participating in the tutoring program shall provide to the |
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organization's members: |
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(1) a description of the tutoring program and guidance |
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on how to participate in the program; and |
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(2) the contact information of each person described |
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by Subsection (c) for the school district in which the member |
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resides, any open-enrollment charter schools located within that |
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district, and any adjacent districts. |
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(g) This section does not create a cause of action or |
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liability or an obligation or duty that provides a basis for a cause |
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of action or liability against a nonprofit teacher organization |
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approved by the commissioner for the purpose of participating in |
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the tutoring program for any action taken by a member of the |
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organization participating in the program as a tutor. |
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SECTION 3. Section 824.602(a), Government Code, is amended |
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to read as follows: |
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(a) Subject to Section 825.506, the retirement system may |
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not, under Section 824.601, withhold a monthly benefit payment if |
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the retiree is employed in a Texas public educational institution: |
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(1) as a substitute only with pay not more than the |
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daily rate of substitute pay established by the employer and, if the |
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retiree is a disability retiree, the employment has not exceeded a |
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total of 90 days in the school year; |
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(2) in a position, other than as a substitute, on no |
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more than a one-half time basis for the month; |
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(3) in one or more positions on as much as a full-time |
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basis, if the retiree has been separated from service with all Texas |
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public educational institutions for at least 12 full consecutive |
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months after the retiree's effective date of retirement; [or] |
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(4) in a position, other than as a substitute, on no |
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more than a one-half time basis for no more than 90 days in the |
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school year, if the retiree is a disability retiree; or |
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(5) as a tutor under Section 33.913, Education Code. |
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SECTION 4. Subchapter G, Chapter 825, Government Code, is |
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amended by adding Section 825.604 to read as follows: |
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Sec. 825.604. INFORMATION PROVIDED TO MEMBERS. The |
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retirement system shall regularly provide information in an |
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electronic format to members and retirees regarding the tutoring |
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program established under Section 33.913, Education Code, that |
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includes: |
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(1) general information regarding the tutoring |
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program; and |
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(2) a statement directing members and retirees who |
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want to participate in the tutoring program to contact their local |
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school districts or open-enrollment charter schools for further |
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guidance. |
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SECTION 5. (a) Subject to Subsection (b) of this section, |
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the changes in law made by this Act apply to a retiree of the Teacher |
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Retirement System of Texas regardless of whether the person retired |
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from employment before, on, or after the effective date of this Act. |
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(b) Section 824.602(a), Government Code, as amended by this |
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Act, applies only to the employment of a retiree of the Teacher |
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Retirement System of Texas that occurs on or after the effective |
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date of this Act. |
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SECTION 6. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1356 passed the Senate on |
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April 23, 2021, by the following vote: Yeas 31, Nays 0; |
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May 25, 2021, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 27, 2021, House |
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granted request of the Senate; May 30, 2021, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1356 passed the House, with |
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amendments, on May 24, 2021, by the following vote: Yeas 141, |
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Nays 1, one present not voting; May 27, 2021, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 29, 2021, House adopted Conference Committee Report by the |
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following vote: Yeas 138, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |