By McReynolds                                         H.B. No. 2122

         Substitute the following for H.B. No. 2122:

         By Williamson                                     C.S.H.B. No. 2122

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to school district teaching permits.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 21.055, Education Code, is amended to

 1-5     read as follows:

 1-6           Sec. 21.055.  School District Teaching Permit.  (a)  As

 1-7     provided by this section, a school district may issue a school

 1-8     district teaching permit and employ as a teacher a person who does

 1-9     not hold a teaching certificate issued by the board.

1-10           (b)  To be eligible for a school district teaching permit

1-11     under this section, a person must hold a baccalaureate degree and

1-12     have an academic background or work experience related to the

1-13     subject or class that the person will teach.  This subsection does

1-14     not apply to a person who will teach only career and technology

1-15     education.

1-16           (c)  To be eligible for a school district teaching permit to

1-17     teach a career and technology education subject or class, a person

1-18     must have work experience related to the subject or class.

1-19           (d)  Promptly after employing a person under this section, a

1-20     school district shall send to the commissioner a written statement

1-21     identifying the person, the person's qualifications as a teacher,

1-22     and the subject or class the person will teach.  The person may

1-23     teach the subject or class pending action by the commissioner.

1-24           (e) [(d)]  Not later than the 30th day after the date the

 2-1     commissioner receives the statement under Subsection (d) [(c)], the

 2-2     commissioner may inform the district in writing that the

 2-3     commissioner finds the person is not qualified to teach.  The

 2-4     person may not teach if the commissioner finds the person is not

 2-5     qualified.  If the commissioner fails to act within the time

 2-6     prescribed by this subsection, the district may issue to the person

 2-7     a school district teaching permit and the person may teach the

 2-8     subject or class identified in the statement.

 2-9           (f) [(e)]  A person authorized to teach under this section

2-10     may not teach in another school district unless that district

2-11     complies with this section.  Except as provided by Subsection (i),

2-12     a [A] school district teaching permit is [remains] valid until the

2-13     person satisfies the requirements adopted under Section

2-14     21.041(b)(10) or until a date set by the board [unless the district

2-15     issuing the permit revokes it for cause].

2-16           (g)  A person employed under this section is subject to the

2-17     code of ethics proposed by the board under Section 21.041(b)(8).

2-18     The board, in accordance with rules proposed under Section

2-19     21.041(b)(7), may sanction a school district teaching permit.

2-20           (h)  A person who holds or has held a school district

2-21     teaching permit may obtain  a teaching certificate issued under

2-22     rules proposed under Section 21.041(b)(10).

2-23           (i)  A school district may revoke a school district teaching

2-24     permit for cause.  A district shall notify the commissioner in

2-25     writing of a revocation under this subsection not later than the

2-26     10th day after the date of the revocation.

2-27           SECTION 2.  Section 21.041(b), Education Code, is amended to

 3-1     read as follows:

 3-2           (b)  The board shall propose rules that:

 3-3                 (1)  provide for the regulation of educators and the

 3-4     general administration of this subchapter in a manner consistent

 3-5     with this subchapter;

 3-6                 (2)  specify the classes of educator certificates to be

 3-7     issued, including emergency certificates;

 3-8                 (3)  specify the period for which each class of

 3-9     educator certificate is valid;

3-10                 (4)  specify the requirements for the issuance and

3-11     renewal of an educator certificate;

3-12                 (5)  provide for the issuance of an educator

3-13     certificate to a person who holds a similar certificate issued by

3-14     another state or foreign country, subject to Section 21.052;

3-15                 (6)  provide for special or restricted certification of

3-16     educators, including certification of instructors of American Sign

3-17     Language;

3-18                 (7)  provide for disciplinary proceedings, including

3-19     the suspension or revocation of an educator certificate, as

3-20     provided by Chapter 2001, Government Code;

3-21                 (8)  provide for the adoption, amendment, and

3-22     enforcement of an educator's code of ethics;

3-23                 (9)  provide for continuing education requirements; and

3-24                 (10)  provide for certification of persons employed by

3-25     school districts under Section 21.055 [performing appraisals under

3-26     Subchapter H].

3-27           SECTION 3.  This Act applies beginning with the 1997-1998

 4-1     school year.

 4-2           SECTION 4.  The importance of this legislation and the

 4-3     crowded condition of the calendars in both houses create an

 4-4     emergency and an imperative public necessity that the

 4-5     constitutional rule requiring bills to be read on three several

 4-6     days in each house be suspended, and this rule is hereby suspended,

 4-7     and that this Act take effect and be in force from and after its

 4-8     passage, and it is so enacted.