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.