By Culberson                                          H.B. No. 3395
         76R241 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to state policy in public education and the effect of
 1-3     federal law on that state policy.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 1, Education Code, is amended by adding
 1-6     Chapter 2 to read as follows:
 1-7              CHAPTER 2.  SUPREMACY OF STATE EDUCATIONAL POLICY
 1-8           Sec. 2.001.  STATE EDUCATIONAL POLICY.  The policy of this
 1-9     state in matters of public education is established by:
1-10                 (1)  the laws of this state, including the Texas
1-11     Constitution and this code; and
1-12                 (2)  the rules, policies,  and procedures of and
1-13     official actions taken by officers, employees, and other agents of
1-14     this state and by state agencies and political subdivisions acting
1-15     under authority of the law of this state.
1-16           Sec. 2.002.  SUPREMACY OF STATE POLICY.  (a)  The policy of
1-17     this state in matters of public education prevails over any federal
1-18     law, regulation, or policy to the extent of any conflict, in the
1-19     absence of clear constitutional, statutory, or judicial authority
1-20     that the federal law, regulation, or policy controls.  The attorney
1-21     general shall vigorously defend any state policy in matters of
1-22     public education, including on appeal to the court of last resort,
1-23     in any case in which the validity of the state policy is called
1-24     into question on account of a conflicting federal law, regulation,
 2-1     or policy.
 2-2           (b)  This section constitutes state action to the maximum
 2-3     extent permitted by a federal statute:
 2-4                 (1)  that provides that state policy in matters of
 2-5     public education prevails over any conflicting federal law,
 2-6     regulation, or policy, or that federal law does not preempt state
 2-7     authority in matters of public education; and
 2-8                 (2)  the application or effectiveness of which as to
 2-9     this state is contingent on official action of this state.
2-10           (c)  To the maximum extent permitted by any federal law,
2-11     including a statute enacted after this section becomes law, this
2-12     state hereby:
2-13                 (1)  accepts full authority over matters of public
2-14     education in this state; and
2-15                 (2)  declares that federal law does not apply to this
2-16     state or its officers, employees, agencies, institutions, or
2-17     political subdivisions in matters of public education.
2-18           Sec. 2.003.  IMMUNITY FROM LIABILITY.  An officer, employee,
2-19     or other agent of this state or of a state agency or political
2-20     subdivision is immune from liability to any person for a violation
2-21     of a federal law, regulation, or policy committed while acting in
2-22     good faith adherence to state policy in matters of public education
2-23     unless the officer, employee, or agent had specific and actual
2-24     knowledge of the federal law, regulation, or policy governing the
2-25     person's conduct.
2-26           SECTION 2.  The importance of this legislation and the
2-27     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended,
 3-4     and that this Act take effect and be in force from and after its
 3-5     passage, and it is so enacted.