SRC-MWN S.B. 207 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 207
77R2703 BDH-DBy: Bivins
Education
2/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, Section 21.254(e), Texas Education Code, provides that parties
involved in a teacher termination/suspension hearing are authorized to
agree on the selection of a certified hearing examiner. Such agreement is
only permitted, however, in instances in which the examiner is not on the
commissioner's list of certified hearing examiners. As proposed, S.B. 207
allows parties involved in a teacher termination/suspension hearing to come
to an agreement on the selection of a certified hearing examiner even in
those instances in which the examiners name appears on the commissioner's
list. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 21.254(e), Education Code, to authorize the
parties by agreement to select a hearing examiner from the list maintained
by the commissioner of education under Subsection (a) or a person who is
not certified to serve as a hearing examiner, after the teacher receives
the notice of the proposed action. Authorizes a person who is not a
certified hearing examiner to be selected only if the person is licensed to
practice law in this state. Makes a nonsubstantive change. 

SECTION 2. Effective date: upon passage or September 1, 2001.