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


Senate Research CenterC.S.S.B. 207
77R2703 BDH-DBy: Bivins
Education
3/1/2001
Committee Report (Substituted)


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. C.S.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.
C.S.S.B. 207 also allows for a rehearing by the party at a certain date
after the commissioner's initial decision. 

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 21.253, Education Code, as follows:

Sec. 21.253. REQUEST FOR HEARING. Requires a teacher to file a written
request for a hearing under this subchapter with the commissioner of
education (commissioner) not later than the 15th day after the date the
teacher receives written notice of the proposed action and to include with
the request a copy of the notice. Authorizes the parties to agree in
writing to extend by not more than 10 days the deadline for requesting a
hearing. 

SECTION 2. Amends Section 21.254(e), Education Code, to authorize the
parties by agreement, after the teacher receives the notice of the proposed
action, to select a hearing examiner from the list maintained by the
commissioner or a person who is not certified to serve as a hearing
examiner. 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.
Requires the request for hearing under Section 21.253, if the parties agree
on a hearing examiner, to include the name of the hearing examiner
selected. Deletes text regarding subsection. Deletes text regarding
agreement to a hearing examiner before teacher files a request for hearing.
Deletes text regarding the teacher notifying the commissioner of the
examiner after the hearing request is filed. 

SECTION 3. Amends Chapter 21G, Education Code, by adding Section 21.3041,
as follows: 

Sec. 21.3041. REHEARING BY COMMISSIONER. Authorizes the party, not later
than the 20th day after the date the party or the party's attorney receives
notice of the commissioner's decision under Section 21.304, to file a
motion for rehearing. Provides that a motion for rehearing is not required
for a party to appeal the commissioner's decision under Section 21.307.
Provides that a motion for rehearing is overruled by operation of law if
the commissioner does not issue an order before the 45th day after the date
the party or the party's attorney receives notice of the commissioner's
decision. 

 SECTION 4. Amends Section 21.307(b), Education Code, to require an appeal
under this section to be perfected not later than the 30th day after the
date the party or the party's's attorney receives, rather than received,
notice of the commissioner's decision or the date on which the decision of
the board of trustees is, rather than was, affirmed by operation of law if
the commissioner fails, rather than failed, to issue a decision within the
required period, or if a motion for rehearing is filed under Section
21.3041, the date on which the motion is overruled by order of the
commissioner or by operation of law under Section 21.3041(c).  Deletes text
regarding motion for rehearing. 

SECTION 5. Effective date: upon passage or September 1, 2001.



SUMMARY OF COMMITTEE CHANGES

SECTION 1 Amends as Filed S.B. 207, by adding Section 21.253 (Request for
Hearing), Education Code. 

SECTION 2. Redesignates SECTION 1 to SECTION 2. Deletes language pertaining
to "if the parties agree to a hearing." 

SECTION 3. Adds Section 21.3041 (Rehearing by Commissioner), Education Code.

SECTION 4. Adds Section 21.307(b), Education Code, proposing new text
regarding the party's attorney. 

SECTION 5. Redesignated from SECTION 2 as effective date.