HBA-PDH H.B. 835 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 835
By: Dukes
Public Education
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Current law regarding certification of educators states that if a
superintendent cannot secure an appropriately certified or qualified
individual to fill a vacant position, the superintendent may activate an
emergency permit, temporary classroom assignment permit, or a non-renewable
permit for an individual who does not have sufficient teaching credentials.
Individuals are able to receive an emergency certificate that expires after
two years, during which time they are supposed to pursue proper
certification.  However, if they still have not received certification and
their emergency permit expires, they are able to go to another school
district and apply for emergency certification there or apply for another
permit in a different subject area.   

H.B. 835 prohibits an individual from receiving more than one emergency
teacher certification permit, regardless of whether they switch districts
or subjects. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 21, Education Code, by adding
Section 21.0495, as follows: 

Sec. 21.0495.  LIMIT ON EMERGENCY CERTIFICATION.  Prohibits the Texas
Education Board from issuing more than one emergency certificate to an
educator under this chapter. Provides that this limitation applies to a
request for an emergency certificate regardless of whether the new request
is for an emergency certificate of a different class or in a different
school district than the previous emergency certificate. 

SECTION 2.  Effective date: July 1, 1999.  Provides that the limitation
created in this Act applies to an educator who has received at least one
emergency certificate regardless of whether it was received before, on, or
after the effective date of this Act.  Provides that an emergency
certificate issued before the effective date of this Act is valid and is
governed by the law in effect at the time the certificate was issued. 

SECTION 3.Emergency clause.