84R2476 KKA-F
 
  By: Moody H.B. No. 513
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to educator financial incentives and salary contingencies
  based on student performance on certain assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.416 to read as follows:
         Sec. 21.416.  CERTAIN INCENTIVES AND SALARY CONTINGENCIES
  PROHIBITED. (a) Subject to Subsection (b), a school district may
  not:
               (1)  offer or reward a financial incentive to an
  educator that is contingent on student performance on an assessment
  instrument administered under Chapter 39; or
               (2)  make any portion of an educator's salary
  contingent on student performance on an assessment instrument
  administered under Chapter 39.
         (b)  This section does not affect the use of any federal
  funds disbursed for a purpose otherwise prohibited under Subsection
  (a).
         SECTION 2.  Section 21.702(b), Education Code, is amended to
  read as follows:
         (b)  In establishing the program, the commissioner shall
  adopt program guidelines in accordance with this subchapter for a
  school district to follow in developing a local educator excellence
  innovation plan under Section 21.704. The guidelines must prohibit
  a school district from providing strategic compensation or other
  alternative teacher compensation on the basis of student
  performance on an assessment instrument administered under Chapter
  39, as prohibited under Section 21.416.
         SECTION 3.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.