HBA-LCA H.B. 1992 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1992
By: Davis, Yvonne
Public Education
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Historically, the commissioner of education (commissioner) has had wide
latitude in determining whether to order an investigation, or otherwise
intervene, in a school district under certain circumstances.  H.B. 1992
provides a mechanism for the removal of a commissioner who refuses to
intervene in a district in that repeatedly fails to meet the standards set
forth under Chapter 39, Subchapter D, Education Code (Accreditation
Status). 

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 Section 7.053, Education Code, as follows:

 (a)  Created subsection from existing text.

(b)  Authorizes the governor to remove the commissioner of education
(commissioner) under Chapter 66, Civil Practice and Remedies Code (Quo
Warranto), if the commissioner fails to impose sanctions for the repeated
failure of a school district to satisfy accreditation standards. Authorizes
the attorney general on the attorney general's own motion to file a
petition for leave to file an information.  Requires the attorney general
to file a petition for leave to file an information upon receipt of a
petition complying with Subsections (c) and (d). Establishes venue for an
action taken under this subsection as Travis County. 

(c)  Provides that a petition for the removal of the commissioner must be
signed by a certain percentage of registered voters in the school district
based on the number of students enrolled in the district. 

(d)  Provides that the petition must include specific information about a
person signing the petition, including the date on which the person signed
the petition.  Provides that a petition signature is invalid if signed
earlier than 90 days before the petition is delivered to the attorney
general. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.