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.