By Ratliff S.B. No. 1683
75R9161 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disciplinary proceedings by the State Board for
1-3 Educator Certification.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.041, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 21.041. RULES; FEES. (a) The board may adopt rules as
1-8 necessary for its own procedures.
1-9 (b) The board shall propose rules that:
1-10 (1) provide for the regulation of educators and the
1-11 general administration of this subchapter in a manner consistent
1-12 with this subchapter;
1-13 (2) specify the classes of educator certificates to be
1-14 issued, including emergency certificates;
1-15 (3) specify the period for which each class of
1-16 educator certificate is valid;
1-17 (4) specify the requirements for the issuance and
1-18 renewal of an educator certificate;
1-19 (5) provide for the issuance of an educator
1-20 certificate to a person who holds a similar certificate issued by
1-21 another state or foreign country, subject to Section 21.052;
1-22 (6) provide for special or restricted certification of
1-23 educators, including certification of instructors of American Sign
1-24 Language;
2-1 (7) provide for disciplinary proceedings, which may
2-2 include delegating certain authority the board deems appropriate,
2-3 including the sanction [suspension or revocation] of an educator
2-4 certificate and the administration of oaths, as provided by Chapter
2-5 2001, Government Code;
2-6 (8) provide for the adoption, amendment, and
2-7 enforcement of an educator's code of ethics;
2-8 (9) provide for continuing education requirements; and
2-9 (10) provide for certification of persons performing
2-10 appraisals under Subchapter H.
2-11 (c) The board shall propose a rule adopting a fee for the
2-12 issuance and maintenance of an educator certificate that is
2-13 adequate to cover the cost of administration of this subchapter.
2-14 SECTION 2. Subchapter B, Chapter 21, Education Code, is
2-15 amended by adding Section 21.0411 to read as follows:
2-16 Sec. 21.0411. (a) The board shall adopt rules that
2-17 temporarily suspend an educator's existing certificate(s) or stay
2-18 consideration of a person's application for a certificate(s)
2-19 effective upon notification of a conviction of a crime that
2-20 directly relates to the duties and responsibilities of the
2-21 education profession, including the following types of offenses:
2-22 (1) offenses involving a minor, student, parent of a
2-23 student, fellow employee, or professional colleague, including
2-24 sexual or physical abuse; and
2-25 (2) offenses of controlled-substances laws under
2-26 Chapter 481, Health and Safety Code, or other applicable statute.
2-27 (b) Temporary suspension or stay under this section is not
3-1 subject to Chapter 2001, Government Code or Articles 6252-13c and
3-2 6252-13d, Revised Civil Statutes; however, the board's rules shall
3-3 provide the educator or applicant an opportunity to be heard no
3-4 later than 30 days from the effective date of the temporary
3-5 suspension or stay.
3-6 (c) A temporary suspension or stay under this subsection
3-7 shall continue until the board or its designee has made a final
3-8 disposition, under proceedings adopted pursuant to Section
3-9 21.041(7), regarding an educator's certificate(s) or a person's
3-10 certificate(s) application. In no case, however, may a suspension
3-11 or stay under this section extend beyond the first anniversary of
3-12 its effective date unless the board or its designee extends such
3-13 suspension or stay for good cause shown.
3-14 (d) In this section, a person is considered to have been
3-15 convicted if a court of competent jurisdiction in this state,
3-16 another state, the United States, or another country:
3-17 (1) imposes a sentence;
3-18 (2) orders community supervision or deferred
3-19 adjudication; or
3-20 (3) defers final disposition of the case.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.