HBA-JRA H.B. 3395 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3395
By: Culberson
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Current state law does not specifically provide that the state's public
education policy prevails over federal education policy.  H.B. 3395
provides that this state's public education policy prevails over any
federal law, regulation, or policy to the extent of any conflict, in the
absence of clear constitutional, statutory, or judicial authority that the
federal law, regulation, or policy controls. 

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 Title 1, Education Code, by adding Chapter 2, as follows:

CHAPTER 2.  SUPREMACY OF STATE EDUCATIONAL POLICY

Sec. 2.001.  STATE EDUCATIONAL POLICY.  Provides that the policy of this
state in matters of public education is established by the laws of this
state, including the Texas Constitution and this code and the rules,
policies,  and procedures of and official actions taken by officers,
employees, and other agents of this state and by state agencies and
political subdivisions acting under authority of the law of this state.  

Sec. 2.002.  SUPREMACY OF STATE POLICY.  (a)  Provides that the policy of
this state in matters of public education prevails over any federal law,
regulation, or policy to the extent of any conflict, in the absence of
clear constitutional, statutory, or judicial authority that the federal
law, regulation, or policy controls.  Requires the attorney general to
vigorously defend any state policy in matters of public education,
including on appeal to the court of last resort, in any case in which the
validity of the state policy is called into question on account of a
conflicting federal law, regulation, or policy.  

(b)  Provides that this section constitutes state action to the maximum
extent permitted by a federal statute that provides that state policy in
matters of public education prevails over any conflicting federal law,
regulation, or policy, or that federal law does not preempt state authority
in matters of public education and the application or effectiveness of
which as to this state is contingent on official action of this state.  

(c)  Provides that to the maximum extent permitted by any federal law,
including a statute enacted after this section becomes law, this state
hereby accepts full authority over matters of public education in this
state and declares that federal law does not apply to this state or its
officers, employees, agencies, institutions, or political subdivisions in
matters of public education.  

Sec. 2.003.  IMMUNITY FROM LIABILITY.  Provides an officer, employee, or
other agent of this state or of a state agency or political subdivision
immunity from liability to any person for a violation of a federal law,
regulation, or policy committed while acting in good faith adherence to
state policy in matters of public education unless the officer, employee,
or agent  had specific and actual knowledge of the federal law, regulation,
or policy governing the person's conduct.  

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