SRC-MWN S.B. 212 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 212
77R3916 CAS-DBy: Lucio
Education
3/15/2001
As Filed


DIGEST AND PURPOSE 

Currently, due to the size of the public education system, the duties of
the commissioner of education may be difficult for a single commissioner.
As proposed, S.B. 212 abolishes the office of the commissioner of
education, creates the education commission, and transfers the powers and
duties of the commissioner of education to the education commission. 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Commissioner of Education is
transferred to the Education Commission in SECTION 3 (Section 7.0511,
Education Code), and in SECTION 6 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Chapter 7C, Education Code, as follows:

SUBCHAPTER C. New heading: EDUCATION COMMISSION

SECTION 2. Amends Section 7.051, Education Code, as follows:

Sec. 7.051. New heading: EDUCATION COMMISSION; MEMBERSHIP. Requires the
governor, with the advice and consent of the senate, to appoint three
persons to serve as members of the education commission, rather than the
commissioner of education, as follows: 

 _one member who represents the interests of public school employees other
than administrators; 

 _one member who represents the interests of public school administrators,
including administrators responsible for school district facilities; and 

 _one member who represents the interests of public school students, the
parents of public school students, and parent-teacher organizations. 

Requires each person appointed to represent the interests of a group as
provided by Subsection (a) to be selected on the basis of the person's
specific qualifications to represent the interests of that group. Requires
appointments to the commission to be made without regard to the race,
color, disability, sex, religion, age, or national origin of the appointee. 

SECTION 3. Amends Chapter 7C, Education Code, by adding Section 7.0511 as
follows: 

Sec. 7.0511. TRANSFER OF COMMISSIONER'S POWER AND DUTIES. Provides that the
powers and duties of the commissioner under this code or other law are
transferred to the education commission. Provides that a reference in law
to the commissioner of education is a reference to the education
commission. 
 
SECTION 4. Amends Sections 7.052 and 7.053, Education Code, as follows:

Sec. 7.052. New heading: TERMS OF OFFICE. Provides that members of the
commission are appointed for staggered terms of six years. Provides that
the term of one member expires on February 1 of each odd-numbered year.
Deletes text regarding the term of office of the commissioner. 

Sec. 7.053. New heading: GROUNDS FOR REMOVAL. Provides standard Sunset
language regarding grounds for removal. Deletes text regarding removal of
the commissioner. 

SECTION 5. Amends Chapter 7C, Education Code, by adding Sections 7.0531 and
7.0532, as follows: 

Sec. 7.0531. OFFICERS. Requires the governor to designate one member of the
education commission as presiding officer of the commission. Provides that
the presiding officer serves in that capacity at the will of the governor. 

Sec. 7.0532. MEETINGS. Requires the commission to meet at the times and
places specified by commission rule or at the call of the presiding
officer. 

SECTION 6. Effective date: September 1, 2001.
                      
 _Requires the governor to appoint initial members to the education
commission for terms beginning February 1, 2002, in accordance with Section
7.051, Education Code, as amended by this Act. Provides that
notwithstanding Section 7.052, Education Code, as amended by this Act,
initial members appointed to the commission serve terms as provided by this
section. Provides that the initial member appointed to represent the
interests of public school students, the parents of public school students,
and parentteacher organizations serves a term expiring February 1, 2007.
Provides that the initial member appointed to represent the interests of
public school employees other than administrative serves a term expiring
February 1, 2005. Provides that the initial member appointed to represent
the interests of public school administrators serves a term expiring
February 1, 2003. 

 _Abolishes the office of the commissioner of education on February 1,
2002. Provides that on that date, all powers, duties, rights, contracts,
leases, and records of the commissioner of education are transferred to the
education commission. 

 _Provides that the abolishment of the office of commissioner of education
does not affect the validity of a right, privilege, or obligation accrued,
a contract or acquisition made, any liability  incurred, a penalty
assessed, a rule adopted, a proceeding investigation or remedy begun, a
decision made, or other action taken, by or in connection with the
commissioner of education. 

 _Provides that all rules, policies, procedures, and decisions of the
commissioner of education are continued in effect as rules, policies,
procedures, and decisions of the education commission until superseded by a
rule or other appropriate action of the education commission. 

 _Provides that any action or proceeding before the commissioner of
education is transferred without change in status to the education
commission, and the education commission assumes, without a change in
status, the position of the commissioner of education in any action or
proceeding to which the commissioner of education is a party.