HBA-LCA H.B. 3394 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3394
By: Brimer
Public Education
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Before the 74th Legislature rewrote the Education Code in 1995, a board of
trustees of a school district was authorized under former Section 13.901,
Education Code (Employment Consultation with Teachers) to consult with
teachers with respect to matters of educational policy and conditions of
employment.  While employment consultation was not specifically included in
the rewrite, subsequent floor debate determined that establishment of an
employment consultation policy was, in fact, authorized under Subchapter D,
Chapter 11, Education Code (Powers and Duties of Board of Trustees of
Independent School District).  H.B. 3394 amends Chapter 22, Education Code
(School District Employees and Volunteers) to authorize the board of
trustees of a school district to adopt a policy for consultation with
employee organizations concerning educational matters specified in the
policy. 

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 A, Chapter 22, Education Code, by adding
Section 22.006, as follows: 

Sec. 22.006.  EMPLOYEE ORGANIZATION CONSULTATION POLICIES.  (a) Authorizes
the board of trustees of a school district to adopt a policy under which
employee organizations are consulted concerning district educational
matters specified by the policy. 

(b)  Provides that the policy must permit a representative of the employee
organization (organization) to consult directly with certain school
district officials and with committees established under Subchapter F,
Chapter 11, Education Code (District-Level and SiteBased Decision Making),
if five employees of the same classification, or two percent of the
employees in the district, are members of the organization. 

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