1-1 By: Hochberg (Senate Sponsor - Henderson) H.B. No. 2415
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 5, 1993, read first time and referred to Committee on
1-4 Education; May 20, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the suspension of a public school teacher without pay.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 13.109, Education Code, is amended to
1-24 read as follows:
1-25 Sec. 13.109. DISCHARGE DURING YEAR; SUSPENSION WITHOUT PAY.
1-26 (a) Any teacher, whether employed under a probationary contract or
1-27 a continuing contract, may be discharged during the school year for
1-28 one or more of the following reasons, which shall constitute lawful
1-29 cause for discharge:
1-30 (1) immorality;
1-31 (2) conviction of any felony or other crime involving
1-32 moral turpitude;
1-33 (3) drunkenness;
1-34 (4) repeated failure to comply with official
1-35 directives and established school board policy;
1-36 (5) physical or mental incapacity preventing
1-37 performance of the contract of employment; and
1-38 (6) repeated and continuing neglect of duties.
1-39 (b) A school district may suspend a teacher without pay for
1-40 a reason specified in Subsection (a) of this section for a period
1-41 not to extend beyond the end of the current school year:
1-42 (1) pending discharge of the teacher; or
1-43 (2) in lieu of discharging the teacher.
1-44 SECTION 2. Section 13.111(a), Education Code, is amended to
1-45 read as follows:
1-46 (a) Before any teacher shall be discharged during the year
1-47 or suspended without pay for any of the causes mentioned in Section
1-48 13.109 of this code, or before any probationary contract teacher
1-49 shall be dismissed at the end of a school year before the end of
1-50 the term fixed in his contract, or before any teacher holding a
1-51 continuing contract shall be dismissed or returned to probationary
1-52 contract status at the end of a school year for any of the reasons
1-53 mentioned in Section 13.110 of this code, he shall be notified in
1-54 writing by the board of trustees or under its direction of the
1-55 proposed action and of the grounds assigned therefor.
1-56 SECTION 3. The heading to Section 13.113, Education Code, is
1-57 amended to read as follows:
1-58 Sec. 13.113. SUSPENSION WITHOUT PAY PENDING DISCHARGE.
1-59 SECTION 4. Section 13.115(a), Education Code, is amended to
1-60 read as follows:
1-61 (a) If the board of trustees discharges a <shall order the>
1-62 teacher <discharged> during the school year under Section 13.109(a)
1-63 <13.109> of this code or suspends a teacher without pay in lieu of
1-64 discharge under Section 13.109(b)(2) of this code, the teacher
1-65 shall have the right to appeal such action to the commissioner of
1-66 education, for review by him, provided notice of such appeal is
1-67 filed with the board of trustees and a copy thereof mailed to the
1-68 commissioner within 15 days after written notice of the action
2-1 taken by the board of trustees shall be given to the teacher; or,
2-2 the teacher may challenge the legality of such action by suit
2-3 brought in the district court of any county in which such school
2-4 district lies within 30 days after such notice of the action taken
2-5 by the board of trustees has been given to the teacher.
2-6 SECTION 5. This Act takes effect September 1, 1993.
2-7 SECTION 6. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *
2-13 Austin,
2-14 Texas
2-15 May 20, 1993
2-16 Hon. Bob Bullock
2-17 President of the Senate
2-18 Sir:
2-19 We, your Committee on Education to which was referred H.B.
2-20 No. 2415, have had the same under consideration, and I am
2-21 instructed to report it back to the Senate with the recommendation
2-22 that it do pass and be printed.
2-23 Ratliff,
2-24 Chairman
2-25 * * * * *
2-26 WITNESSES
2-27 FOR AGAINST ON
2-28 ___________________________________________________________________
2-29 Name: Walter Hinojosa x
2-30 Representing: TX Federation of Teachers
2-31 City: Austin
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