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.