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.