By Hochberg                                           H.B. No. 2415
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the suspension of a public school teacher without pay.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 13.109, Education Code, is amended to
    1-5  read as follows:
    1-6        Sec. 13.109.  DISCHARGE DURING YEAR; SUSPENSION WITHOUT PAY.
    1-7  (a)  Any teacher, whether employed under a probationary contract or
    1-8  a continuing contract, may be discharged during the school year for
    1-9  one or more of the following reasons, which shall constitute lawful
   1-10  cause for discharge:
   1-11              (1)  immorality;
   1-12              (2)  conviction of any felony or other crime involving
   1-13  moral turpitude;
   1-14              (3)  drunkenness;
   1-15              (4)  repeated failure to comply with official
   1-16  directives and established school board policy;
   1-17              (5)  physical or mental incapacity preventing
   1-18  performance of the contract of employment; and
   1-19              (6)  repeated and continuing neglect of duties.
   1-20        (b)  A school district may suspend a teacher without pay for
   1-21  a reason specified in Subsection (a) of this section for a period
   1-22  not to extend beyond the end of the current school year:
   1-23              (1)  pending discharge of the teacher; or
   1-24              (2)  in lieu of discharging the teacher.
    2-1        SECTION 2.  Section 13.111(a), Education Code, is amended to
    2-2  read as follows:
    2-3        (a)  Before any teacher shall be discharged during the year
    2-4  or suspended without pay for any of the causes mentioned in Section
    2-5  13.109 of this code, or before any probationary contract teacher
    2-6  shall be dismissed at the end of a school year before the end of
    2-7  the term fixed in his contract, or before any teacher holding a
    2-8  continuing contract shall be dismissed or returned to probationary
    2-9  contract status at the end of a school year for any of the reasons
   2-10  mentioned in Section 13.110 of this code, he shall be notified in
   2-11  writing by the board of trustees or under its direction of the
   2-12  proposed action and of the grounds assigned therefor.
   2-13        SECTION 3.  The heading to Section 13.113, Education Code, is
   2-14  amended to read as follows:
   2-15        Sec. 13.113.  SUSPENSION WITHOUT PAY PENDING DISCHARGE.
   2-16        SECTION 4.  Section 13.115(a), Education Code, is amended to
   2-17  read as follows:
   2-18        (a)  If the board of trustees discharges a <shall order the>
   2-19  teacher <discharged> during the school year under Section 13.109(a)
   2-20  <13.109> of this code or suspends a teacher without pay in lieu of
   2-21  discharge under Section 13.109(b)(2) of this code, the teacher
   2-22  shall have the right to appeal such action to the commissioner of
   2-23  education, for review by him, provided notice of such appeal is
   2-24  filed with the board of trustees and a copy thereof mailed to the
   2-25  commissioner within 15 days after written notice of the action
   2-26  taken by the board of trustees shall be given to the teacher; or,
   2-27  the teacher may challenge the legality of such action by suit
    3-1  brought in the district court of any county in which such school
    3-2  district lies within 30 days after such notice of the action taken
    3-3  by the board of trustees has been given to the teacher.
    3-4        SECTION 5.  This Act takes effect September 1, 1993.
    3-5        SECTION 6.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.