73R7725 ESH-D
          By Hochberg                                           H.B. No. 2415
          Substitute the following for H.B. No. 2415:
          By Sadler                                         C.S.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)  In the manner provided by Section 13.113 of this code, a
   1-21  school district may suspend a teacher without pay for a reason
   1-22  specified in Subsection (a) of this section:
   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.  Section 13.113, Education Code, is amended to
   2-14  read as follows:
   2-15        Sec. 13.113.  PROCEDURE FOR SUSPENSION WITHOUT PAY.  A <If
   2-16  the proposed action be discharge of the teacher for any of the
   2-17  reasons set forth in Section 13.109 of this code, the> teacher may
   2-18  be suspended without pay by order of the board of trustees, or by
   2-19  the superintendent of schools if such power has been delegated to
   2-20  him by express regulation previously adopted by the board of
   2-21  trustees, but in such event the hearing shall not be delayed for
   2-22  more than 15 days after request for hearing, unless by written
   2-23  consent of the teacher.
   2-24        SECTION 4.  Section 13.115(a), Education Code, is amended to
   2-25  read as follows:
   2-26        (a)  If the board of trustees discharges a <shall order the>
   2-27  teacher <discharged> during the school year under Section 13.109(a)
    3-1  <13.109> of this code or suspends a teacher without pay in lieu of
    3-2  discharge under Section 13.109(b)(2) of this code, the teacher
    3-3  shall have the right to appeal such action to the commissioner of
    3-4  education, for review by him, provided notice of such appeal is
    3-5  filed with the board of trustees and a copy thereof mailed to the
    3-6  commissioner within 15 days after written notice of the action
    3-7  taken by the board of trustees shall be given to the teacher; or,
    3-8  the teacher may challenge the legality of such action by suit
    3-9  brought in the district court of any county in which such school
   3-10  district lies within 30 days after such notice of the action taken
   3-11  by the board of trustees has been given to the teacher.
   3-12        SECTION 5.  This Act takes effect September 1, 1993.
   3-13        SECTION 6.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended.