2005 Texas Education Code CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS


EDUCATION CODE
CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS
SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS
§ 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL DUES. (a) A school district employee is entitled to have an amount deducted from the employee's salary for membership fees or dues to a professional organization. The employee must: (1) file with the district a signed written request identifying the organization and specifying the number of pay periods per year the deductions are to be made; and (2) inform the district of the total amount of the fees and dues for each year or have the organization notify the district of the amount. (b) The district shall deduct the total amount of the fees or dues for a year in equal amounts per pay period for the number of periods specified by the employee. The deductions shall be made until the employee requests in writing that the deductions be discontinued. (c) The school district may charge an administrative fee for making the deduction. A fee imposed for making a salary deduction under this section may not exceed either the actual administrative cost of making the deduction or the lowest fee the district charges for similar salary deductions, whichever is less. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION. (a) In this section, "school employee" means any person employed by a school district in an executive, administrative, or clerical capacity or as a superintendent, principal, teacher, or instructor. (b) Any school employee's assignment, pledge, or transfer, as security for indebtedness, of any interest in or part of the employee's salary or wages then due or that may become due under an existing contract of employment is enforceable only: (1) if, before or at the time of execution, delivery, or acceptance of an assignment, pledge, or transfer, written approval is obtained in accordance with the policy of the employing school district; and (2) to the extent that the indebtedness it secures is a valid and enforceable obligation. (c) A school district shall honor an assignment, pledge, or transfer fulfilling the conditions of Subsection (b) without incurring any liability to the school employee executing the assignment, pledge, or transfer. Payment to any assignee, pledgee, or transferee in accordance with the terms of the instrument constitutes payment to or for the account of the assignor, pledgor, or transferor. An assignment, pledge, or transfer is enforceable only to the extent of salary due or that may become due during continuation of the assignor's employment as a school employee. (d) Venue for any suit against the employer of a school employee to enforce an assignment, pledge, or transfer of salary is in the county where the employing school is located. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.003. MINIMUM PERSONAL LEAVE PROGRAM. (a) A state minimum personal leave program consisting of five days per year personal leave with no limit on accumulation and transferable among districts shall be provided for school district employees. School districts may provide additional personal leave beyond this minimum. The board of trustees of a school district may adopt a policy governing an employee's use of personal leave granted under this subsection, except that the policy may not restrict the purposes for which the leave may be used. (b) In addition to all other days of leave provided by this section or by the school district, an employee of a school district who is physically assaulted during the performance of the employee's regular duties is entitled to the number of days of leave necessary to recuperate from all physical injuries sustained as a result of the assault. At the request of an employee, the school district must immediately assign an employee to assault leave and, on investigation of the claim, may change the assault leave status and charge the leave against the employee's accrued personal leave or against an employee's pay if insufficient accrued personal leave is available. Days of leave taken under this subsection may not be deducted from accrued personal leave. The period provided by this subsection may not extend more than two years beyond the date of the assault. Notwithstanding any other law, assault leave policy benefits due to an employee shall be coordinated with temporary income benefits due from workers' compensation so that the employee's total compensation from temporary income benefits and assault leave policy benefits equals 100 percent of the employee's weekly rate of pay. (c) For purposes of Subsection (b), an employee of a school district is physically assaulted if the person engaging in the conduct causing injury to the employee: (1) could be prosecuted for assault; or (2) could not be prosecuted for assault only because the person's age or mental capacity makes the person a nonresponsible person for purposes of criminal liability. (d) A school district employee with available personal leave under this section is entitled to use the leave for compensation during a term of active military service. This subsection applies to any personal or sick leave available under former law or provided by local policy of a school district, including a home-rule school district. (e) A school district, including a home-rule school district, may adopt a policy providing for the paid leave of absence of employees taking leave for active military service as part of the consideration of employment by the district. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 936, § 1, eff. June 18, 1997; Acts 2001, 77th Leg., ch. 1015, § 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 971, § 2, eff. June 20, 2003. § 22.004. GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES. (a) A district shall participate in the uniform group coverage program established under Chapter 1579, Insurance Code, as provided by Subchapter D of that chapter. (b) A district that does not participate in the program described by Subsection (a) shall make available to its employees group health coverage provided by a risk pool established by one or more school districts under Chapter 172, Local Government Code, or under a policy of insurance or group contract issued by an insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization under Chapter 843, Insurance Code. The coverage must meet the substantive coverage requirements of Chapter 1251, Subchapter A, Chapter 1364, and Subchapter A, Chapter 1366, Insurance Code, and any other law applicable to group health insurance policies or contracts issued in this state. The coverage must include major medical treatment but may exclude experimental procedures. In this subsection, "major medical treatment" means a medical, surgical, or diagnostic procedure for illness or injury. The coverage may include managed care or preventive care and must be comparable to the basic health coverage provided under Chapter 1551, Insurance Code. The board of trustees of the Teacher Retirement System of Texas shall adopt rules to determine whether a school district's group health coverage is comparable to the basic health coverage specified by this subsection. The rules must provide for consideration of the following factors concerning the district's coverage in determining whether the district's coverage is comparable to the basic health coverage specified by this subsection: (1) the deductible amount for service provided inside and outside of the network; (2) the coinsurance percentages for service provided inside and outside of the network; (3) the maximum amount of coinsurance payments a covered person is required to pay; (4) the amount of the copayment for an office visit; (5) the schedule of benefits and the scope of coverage; (6) the lifetime maximum benefit amount; and (7) verification that the coverage is issued by a provider licensed to do business in this state by the Texas Department of Insurance or is provided by a risk pool authorized under Chapter 172, Local Government Code, or that a district is capable of covering the assumed liabilities in the case of coverage provided through district self-insurance.
Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 728, § 11.108
(c) The cost of the coverage provided under the program described by Subsection (a) shall be paid by the state, the district, and the employees in the manner provided by Chapter 1579, Insurance Code. The cost of coverage provided under a plan adopted under Subsection (b) shall be shared by the employees and the district using the contributions by the state described by Subchapter F, Chapter 1579, Insurance Code, or by Chapter 1580, Insurance Code.
Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 899, § 18.01
(c) The cost of the coverage provided under the program described by Subsection (a) shall be paid by the state, the district, and the employees in the manner provided by Subchapter F, Chapter 1579, Insurance Code. The cost of coverage provided under a plan adopted under Subsection (b) shall be shared by the employees and the district using the contributions by the state described by Subchapter F, Chapter 1579, Insurance Code, or Subchapter D. (d) Each district shall report the district's compliance with this section to the executive director of the Teacher Retirement System of Texas not later than March 1 of each even-numbered year in the manner required by the board of trustees of the Teacher Retirement System of Texas. For a district that does not participate in the program described by Subsection (a), the report must be based on the district group health coverage plan in effect during the current plan year and must include: (1) appropriate documentation of: (A) the district's contract for group health coverage with a provider licensed to do business in this state by the Texas Department of Insurance or a risk pool authorized under Chapter 172, Local Government Code; or (B) a resolution of the board of trustees of the district authorizing a self-insurance plan for district employees and of the district's review of district ability to cover the liability assumed; (2) the schedule of benefits; (3) the premium rate sheet, including the amount paid by the district and employee; (4) the number of employees covered by the health coverage plan offered by the district; and (5) any other information considered appropriate by the executive director of the Teacher Retirement System of Texas. (e) Based on the criteria prescribed by Subsection (b), the executive director of the Teacher Retirement System of Texas shall, for each district that does not participate in the program described by Subsection (a), certify whether a district's coverage is comparable to the basic health coverage provided under Chapter 1551, Insurance Code. If the executive director of the Teacher Retirement System of Texas determines that the group health coverage offered by a district is not comparable, the executive director shall report that information to the district and to the Legislative Budget Board. The executive director shall submit a report to the legislature not later than September 1 of each even-numbered year describing the status of each district's group health coverage program based on the information contained in the report required by Subsection (d) and the certification required by this subsection. (f) A school district that does not participate in the program described by Subsection (a) may not contract with an insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization to issue a policy or contract under this section, or with any person to assist the school district in obtaining or managing the policy or contract unless, before the contract is entered into, the insurer, company, organization, or person provides the district with an audited financial statement showing the financial condition of the insurer, company, organization, or person. (g) An insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization that issues a policy or contract under this section and any person that assists the school district in obtaining or managing the policy or contract for compensation shall provide an annual audited financial statement to the school district showing the financial condition of the insurer, company, organization, or person. (h) An audited financial statement provided under this section must be made in accordance with rules adopted by the commissioner of insurance or with generally accepted accounting principles, as applicable. (i) Notwithstanding any other provision of this section, a district participating in the uniform group coverage program established under Chapter 1579, Insurance Code, may not make group health coverage available to its employees under this section after the date on which the program of coverages provided under Chapter 1579, Insurance Code, is implemented. (j) This section does not preclude a district that is participating in the uniform group coverage program established under Chapter 1579, Insurance Code, from entering into contracts to provide optional insurance coverages for the employees of the district. (k), (l) [Blank]. (m) Notwithstanding any other law, group health benefit coverage provided by or offered through a district to district employees under any law other than Subsection (a) is subject to the requirements of Sections 1501.102-1501.105, Insurance Code. This section applies to all group health benefit coverage provided by or offered through a district to district employees, including: (1) a standard health benefit plan issued under Article 3.80 or 20A.09N or Chapter 1507, Insurance Code; and (2) health and accident coverage provided through a risk pool established under Chapter 172, Local Government Code. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1416, § 37, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1540, § 28, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1187, § 3.18, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, § 56, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 10A.511, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 386, § 1, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 728, § 11.108, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 899, § 18.01, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1359, § 4, eff. Sept. 1, 2005. § 22.005. HEALTH CARE PLAN AND FUND. (a) The board of trustees of a school district may establish a health care plan for employees of the district and dependents of employees. (b) In implementing the health care plan, the board shall establish a fund to pay, as authorized under the plan, all or part of the actual costs for hospital, surgical, medical, dental, or related health care incurred by employees of the district or any dependent whose participation in the program is being supported by deductions from the salary of an employee. Under the plan, the fund also may be used to pay the costs of administering the fund. The fund consists of money contributed by the school district and money deducted from salaries of employees for dependent or employee coverage. Money for the fund may not be deducted from the salary of a school district employee unless the employee authorizes the deduction in writing. The plan shall attempt to protect the school district against unanticipated catastrophic individual loss, or unexpectedly large aggregate loss, by securing individual stop-loss coverage, or aggregate stop-loss coverage, or both, from a commercial insurer. (c) The board may amend or cancel the district's health care plan at any regular or special meeting of the board. If the plan is canceled, any valid claim against the fund for payment of health care costs resulting from illness or injury occurring during the time the plan was in effect shall be paid out of the fund. If the fund is insufficient to pay the claim, the costs shall be paid out of other available school district funds. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.006. DISCRIMINATION BASED ON JURY SERVICE PROHIBITED. (a) A school district may not discharge, discipline, reduce the salary of, or otherwise penalize or discriminate against a school district employee because of the employee's compliance with a summons to appear as a juror. (b) For each regularly scheduled workday on which a nonsalaried employee serves in any phase of jury service, a school district shall pay the employee the employee's normal daily compensation. (c) An employee's accumulated personal leave may not be reduced because of the employee's service in compliance with a summons to appear as a juror. Added by Acts 1999, 76th Leg., ch. 656, § 1, eff. Aug. 30, 1999. § 22.007. INCENTIVES FOR EARLY RETIREMENT. A district may not offer or provide a financial or other incentive to an employee of the district to encourage the employee to retire from the Teacher Retirement System of Texas. Added by Acts 2005, 79th Leg., ch. 1359, § 5, eff. Sept. 1, 2005.
SUBCHAPTER B. CIVIL IMMUNITY
§ 22.051. DEFINITION; OTHER IMMUNITY. (a) In this subchapter, "professional employee of a school district" includes: (1) a superintendent, principal, teacher, including a substitute teacher, supervisor, social worker, counselor, nurse, and teacher's aide employed by a school district; (2) a teacher employed by a company that contracts with a school district to provide the teacher's services to the district; (3) a student in an education preparation program participating in a field experience or internship; (4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas; (5) a member of the board of trustees of an independent school district; and (6) any other person employed by a school district whose employment requires certification and the exercise of discretion. (b) The statutory immunity provided by this subchapter is in addition to and does not preempt the common law doctrine of official and governmental immunity. Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0511. IMMUNITY FROM LIABILITY. (a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students. (b) This section does not apply to the operation, use, or maintenance of any motor vehicle. (c) In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended. Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law. For purposes of this subsection, "individual" includes a person who provides services to private schools, to the extent provided by federal law. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Renumbered from § 22.051 and amended by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR PROFESSIONAL EMPLOYEES. (a) A professional employee of a school district may not be subject to disciplinary proceedings for the employee's use of physical force against a student to the extent justified under Section 9.62, Penal Code. (b) In this section, "disciplinary proceeding" means: (1) an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee's term contract; or (2) an action brought by the State Board for Educator Certification to enforce the educator's code of ethics adopted under Section 21.041(b)(8). (c) This section does not prohibit a school district from: (1) enforcing a policy relating to corporal punishment; or (2) notwithstanding Subsection (a), bringing a disciplinary proceeding against a professional employee of the district who violates the district policy relating to corporal punishment. Added by Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0513. NOTICE OF CLAIM. (a) Not later than the 90th day before the date a person files a suit against a professional employee of a school district, the person must give written notice to the employee of the claim, reasonably describing the incident from which the claim arose. (b) A professional employee of a school district against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending. (c) The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section. (d) An abatement under Subsection (c) continues until the 90th day after the date that written notice is given to the professional employee of a school district as provided by Subsection (a). Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0514. EXHAUSTION OF REMEDIES. A person may not file suit against a professional employee of a school district unless the person has exhausted the remedies provided by the school district for resolving the complaint. Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0515. LIMITATION ON DAMAGES. The liability of a professional employee of a school district or of an individual that is entitled to any immunity and other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended, for an act incident to or within the scope of duties of the employee's position of employment may not exceed $100,000. The limitation on liability provided by this subsection does not apply to any attorney's fees or court costs that may be awarded against the professional employee under Section 22.0517. Added by Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0516. ALTERNATIVE DISPUTE RESOLUTION. A court in which a judicial proceeding is being brought against a professional employee of a school district may refer the case to an alternative dispute resolution procedure as described by Chapter 154, Civil Practice and Remedies Code. Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003. § 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST PROFESSIONAL EMPLOYEE. In an action against a professional employee of a school district involving an act that is incidental to or within the scope of duties of the employee's position of employment and brought against the employee in the employee's individual capacity, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability under this subchapter. Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg. ch. 1197, § 1, eff. Sept. 1, 2003. § 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY. (a) On the adoption of policies concerning the administration of medication to students by school district employees, the school district, its board of trustees, and its employees are immune from civil liability from damages or injuries resulting from the administration of medication to a student if: (1) the school district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student; and (2) when administering prescription medication, the medication is administered either: (A) from a container that appears to be: (i) the original container; and (ii) properly labeled; or (B) from a properly labeled unit dosage container filled by a registered nurse or another qualified district employee, as determined by district policy, from a container described by Paragraph (A). (b) The board of trustees may allow a licensed physician or registered nurse who provides volunteer services to the school district and for whom the district provides liability insurance to administer to a student: (1) nonprescription medication; or (2) medication currently prescribed for the student by the student's personal physician. (c) This section may not be construed as granting immunity from civil liability for injuries resulting from gross negligence. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1197, § 2, eff. Sept. 1, 2003. § 22.053. SCHOOL DISTRICT VOLUNTEERS. (a) A volunteer who is serving as a direct service volunteer of a school district is immune from civil liability to the same extent as a professional employee of a school district under Section 22.0511. (b) In this section, "volunteer" means a person providing services for or on behalf of a school district, on the premises of the district or at a school-sponsored or school-related activity on or off school property, who does not receive compensation in excess of reimbursement for expenses. (c) This section does not limit the liability of a person for intentional misconduct or gross negligence. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 204, § 15.02, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, § 3, eff. Sept. 1, 2003. § 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) A private or independent institution of higher education is not liable for damages arising from an act or omission of a person associated with the institution, including an employee or student, arising in the course and scope of that person's activities as a volunteer in a primary or secondary school. (b) A school district may agree to provide or pay for attorney services for the defense of a private or independent institution of higher education if: (1) the institution is assisting in the provision of volunteer services to primary or secondary schools in the district; (2) a claim for damages is brought against the institution in relation to those services; and (3) the board of trustees of the school district reasonably believes that the institution is not liable for the claim under Subsection (a). (c) In this section: (1) "Private or independent institution of higher education" has the meaning assigned by Section 61.003. (2) "Volunteer" means a person rendering services for or on behalf of a public school who does not receive compensation from the district in excess of reimbursement for expenses. The person may receive compensation from a person other than the district. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may award costs and reasonable attorney's fees to a school district employee acting under color of employment to the same extent that a court may award costs and attorney's fees to a school district or school district officer under Section 11.161. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. CRIMINAL HISTORY RECORDS
§ 22.081. DEFINITION. In this subchapter, "private school" means a school that: (1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; and (2) is not operated by a governmental entity. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR EDUCATOR CERTIFICATION. The State Board for Educator Certification shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to an applicant for or holder of a certificate issued under Subchapter B, Chapter 21. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.083. ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school district, private school, regional education service center, or shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person: (1) whom the district, school, service center, or shared services arrangement intends to employ in any capacity; or (2) who has indicated, in writing, an intention to serve as a volunteer with the district, school, service center, or shared services arrangement. (b) An open-enrollment charter school shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a person whom the school intends to employ in any capacity; or (2) a person who has indicated, in writing, an intention to serve as a volunteer with the school. (c) A school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a volunteer or employee of the district, school, service center, or shared services arrangement; or (2) an employee of or applicant for employment by a person that contracts with the district, school, service center, or shared services arrangement to provide services, if: (A) the employee or applicant has or will have continuing duties related to the contracted services; and (B) the duties are or will be performed on school property or at another location where students are regularly present. (d) The superintendent of a district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification in writing if the person obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under Subchapter B, Chapter 21, has a reported criminal history. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, § 20, eff. Sept. 1, 2001. § 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided by Subsections (c) and (d), a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement that contracts with a person for transportation services shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a person employed by the person as a bus driver; or (2) a person the person intends to employ as a bus driver. (b) Except as provided by Subsections (c) and (d), a person that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services shall submit to the district, school, service center, or shared services arrangement the name and other identification data required to obtain criminal history record information of each person described by Subsection (a). If the district, school, service center, or shared services arrangement obtains information that a person described by Subsection (a) has been convicted of a felony or a misdemeanor involving moral turpitude, the district, school, service center, or shared services arrangement shall inform the chief personnel officer of the person with whom the district, school, service center, or shared services arrangement has contracted, and the person may not employ that person to drive a bus on which students are transported without the permission of the board of trustees of the district or service center, the governing body of the open-enrollment charter school, or the chief executive officer of the private school or shared services arrangement. (c) A commercial transportation company that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a person employed by the commercial transportation company as a bus driver, bus monitor, or bus aide; or (2) a person the commercial transportation company intends to employ as a bus driver, bus monitor, or bus aide. (d) If the commercial transportation company obtains information that a person employed or to be employed by the company has been convicted of a felony or a misdemeanor involving moral turpitude, the company may not employ that person to drive or to serve as a bus monitor or bus aide on a bus on which students are transported without the permission of the board of trustees of the district or service center, the governing body of the open-enrollment charter school, or the chief executive officer of the private school or shared services arrangement. Subsections (a) and (b) do not apply if information is obtained as provided by Subsection (c). Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1438, § 1, eff. Sept. 1, 1997. § 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF OFFENSES. A school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may discharge an employee if the district or school obtains information of the employee's conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to the State Board for Educator Certification or the district, school, service center, or shared services arrangement. An employee discharged under this section is considered to have been discharged for misconduct for purposes of Section 207.044, Labor Code. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. § 22.086. LIABILITY FOR REPORTING OFFENSES. The State Board for Educator Certification, a school district, an open-enrollment charter school, a private school, a regional education service center, a shared services arrangement, or an employee of the board, district, school, service center, or shared services arrangement is not civilly or criminally liable for making a report required under this subchapter. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER D. COMPENSATION SUPPLEMENTATION
§ 22.101. DEFINITIONS. In this subchapter: (1) "Cafeteria plan" means a plan as defined and authorized by Section 125, Internal Revenue Code of 1986. (2) "Employee" means an active, contributing member of the Teacher Retirement System of Texas who: (A) is employed by a district, other educational district whose employees are members of the Teacher Retirement System of Texas, participating charter school, or regional education service center; (B) is not a retiree eligible for coverage under the program established under Chapter 1575, Insurance Code; (C) is not eligible for coverage by a group insurance program under Chapter 1551 or 1601, Insurance Code; and (D) is not an individual performing personal services for a district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, or regional education service center as an independent contractor. (3) "Participating charter school" means an open- enrollment charter school established under Subchapter D, Chapter 12, that participates in the program established under Chapter 1579, Insurance Code. (4) "Regional education service center" means a regional education service center established under Chapter 8. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. § 22.102. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY. (a) The agency may adopt rules to implement this subchapter. (b) The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. § 22.103. ELIGIBILITY; WAITING PERIOD.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
A person is not eligible for a monthly distribution under this subchapter before the 91st day after the first day the person becomes an employee. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.103, post. § 22.103. DISTRIBUTION BY AGENCY.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
Subject to the availability of funds, each month the agency shall deliver to each district, including a district that is ineligible for state aid under Chapter 42, each other educational district that is a member of the Teacher Retirement System of Texas, each participating charter school, and each regional education service center state funds in an amount, as determined by the agency, equal to the product of the number of employees employed by the district, school, or service center multiplied by the amount specified in the General Appropriations Act for purposes of this subchapter and divided by 12. The agency shall distribute funding to only one entity for employees who are employed by more than one entity listed in this section. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.103, ante. § 22.104. DISTRIBUTION BY AGENCY.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
Subject to the availability of funds, each month the agency shall deliver to each district, including a district that is ineligible for state aid under Chapter 42, each other educational district that is a member of the Teacher Retirement System of Texas, each participating charter school, and each regional education service center state funds in an amount, as determined by the agency, equal to the product of the number of eligible employees employed by the district, school, or service center multiplied by the amount specified in the General Appropriations Act for purposes of this subchapter and divided by 12. The agency shall distribute funding to only one entity for employees who are employed by more than one entity listed in this section. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.104, post. § 22.104. FUNDS HELD IN TRUST.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
All funds received by a district, other educational district, participating charter school, or regional education service center under this subchapter are held in trust for the benefit of the employees on whose behalf the district, school, or service center received the funds. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.104, ante. § 22.105. FUNDS HELD IN TRUST.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
All funds received by a district, other educational district, participating charter school, or regional education service center under this subchapter are held in trust for the benefit of the employees on whose behalf the district, school, or service center received the funds. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.105, post. § 22.105. RECOVERY OF DISTRIBUTIONS.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
The agency is entitled to recover from a district, other educational district, participating charter school, or regional education service center any amount distributed under this subchapter to which the district, school, or service center was not entitled. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.105, ante. § 22.106. RECOVERY OF DISTRIBUTIONS.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
The agency is entitled to recover from a district, other educational district, participating charter school, or regional education service center any amount distributed under this subchapter to which the district, school, or service center was not entitled. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.106, post. § 22.106. DETERMINATION BY AGENCY FINAL.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
A determination by the agency under this subchapter is final and may not be appealed. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.106, ante. § 22.107. DETERMINATION BY AGENCY FINAL.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
A determination by the agency under this subchapter is final and may not be appealed. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.107, post. § 22.107. DISTRIBUTION BY SCHOOL.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
Each month, each district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, and regional education service center must distribute to its employees the funding received under this subchapter. To receive the monthly distribution, an individual must meet the definition of an employee under Section 22.101 for that month. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.107, ante. § 22.108. DISTRIBUTION BY SCHOOL.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
Each month, each district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, and regional education service center must distribute to its eligible employees the funding received under this subchapter. To receive the monthly distribution, an individual must meet the definition of an employee under Section 22.101 for that month. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.108, post. § 22.108. USE OF SUPPLEMENTAL COMPENSATION.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
An employee may use a monthly distribution received under this subchapter for any employee benefit, including depositing the amount of the distribution into a cafeteria plan, if the employee is enrolled in a cafeteria plan, or using the amount of the distribution for health care premiums through a premium conversion plan. The employee may take the amount of the distribution as supplemental compensation. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.108, ante. § 22.109. USE OF SUPPLEMENTAL COMPENSATION.
Text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02
An employee may use a monthly distribution received under this subchapter for any employee benefit, including depositing the amount of the distribution into a cafeteria plan, if the employee is enrolled in a cafeteria plan, or using the amount of the distribution for health care premiums through a premium conversion plan. The employee may take the amount of the distribution as supplemental compensation. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6, see § 22.109, post. § 22.109. SUPPLEMENTAL COMPENSATION.
Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
An amount distributed to an employee under this subchapter must be in addition to the rate of compensation that: (1) the district, other educational district, participating charter school, or regional education service center paid the employee in the preceding school year; or (2) the district, school, or service center would have paid the employee in the preceding school year if the employee had been employed by the district, school, or service center in the same capacity in the preceding school year. Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 899, § 18.02, see § 22.109, ante. § 22.110. SUPPLEMENTAL COMPENSATION. An amount distributed to an employee under this subchapter must be in addition to the rate of compensation that: (1) the district, other educational district, participating charter school, or regional education service center paid the employee in the preceding school year; or (2) the district, school, or service center would have paid the employee in the preceding school year if the employee had been employed by the district, school, or service center in the same capacity in the preceding school year. Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 2005.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 22.901. UNLAWFUL INQUIRY INTO RELIGIOUS AFFILIATION. (a) A person employed or maintained to obtain or aid in obtaining positions for public school employees may not directly or indirectly ask about, orally or in writing, the religion or religious affiliation of anyone applying for employment in the public schools of this state. (b) A person who violates Subsection (a) is subject to a civil penalty of not less than $100 nor more than $500. The aggrieved applicant or the applicant's assignee may bring suit for imposition of the civil penalty in the county of plaintiff's or defendant's residence. (c) A person who violates Subsection (a) commits an offense. An offense under this subsection is a Class B misdemeanor. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

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