By:  Bivins                                            S.B. No. 207
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to procedures in a teacher suspension or contract
 1-3     termination hearing.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21.253, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 21.253.  REQUEST FOR HEARING.  (a)  A teacher must file
 1-8     a written request for a hearing under this subchapter with the
 1-9     commissioner not later than the 15th day after the date the teacher
1-10     receives written notice of the proposed action and must include
1-11     with the request a copy of the notice.  The teacher must provide
1-12     the district with a copy of the request.
1-13           (b)  The parties may agree in writing to extend by not more
1-14     than 10 days the deadline for requesting a hearing.
1-15           SECTION 2.  Subsection (e), Section 21.254, Education Code,
1-16     is amended to read as follows:
1-17           (e)  After the teacher receives the notice of the proposed
1-18     action, the parties by agreement may select a hearing examiner from
1-19     the list maintained by the commissioner under Subsection (a) or a
1-20     person who is not certified to serve as a hearing examiner.  A
1-21     person who is not a certified hearing examiner may be selected only
1-22     if the person is [under this subsection must be] licensed to
1-23     practice law in this state.  If the parties agree on a hearing
1-24     examiner [before the teacher files a request for hearing under
1-25     Section 21.253], the request for hearing under Section 21.253 shall
 2-1     include the name of the hearing examiner selected.  [If the parties
 2-2     agree on a hearing examiner after the teacher files the request for
 2-3     hearing, the teacher shall promptly notify the commissioner in
 2-4     writing of the name of the hearing examiner.]
 2-5           SECTION 3.  Subchapter G, Chapter 21, Education Code, is
 2-6     amended by adding Section 21.3041 to read as follows:
 2-7           Sec. 21.3041.  REHEARING BY COMMISSIONER.  (a)  Not later
 2-8     than the 20th day after the date the party or the party's attorney
 2-9     receives notice of the commissioner's decision under Section
2-10     21.304, the party may file a motion for rehearing.
2-11           (b)  A motion for rehearing is not required for a party to
2-12     appeal the commissioner's decision under Section 21.307.
2-13           (c)  A motion for rehearing is overruled by operation of law
2-14     if the commissioner does not issue an order before the 45th day
2-15     after the date the party or the party's attorney receives notice of
2-16     the commissioner's decision.
2-17           SECTION 4.  Subsection (b), Section 21.307, Education Code,
2-18     is amended to read as follows:
2-19           (b)  An appeal under this section must be perfected not later
2-20     than the 30th day after:
2-21                 (1)  the date the party or the party's attorney
2-22     receives [received] notice of the commissioner's decision or the
2-23     date on which the decision of the board of trustees is [was]
2-24     affirmed by operation of law if the commissioner fails [failed] to
2-25     issue a decision within the required period; or
2-26                 (2)  if a motion for rehearing is filed under Section
 3-1     21.3041, the date on which the motion is overruled by order of the
 3-2     commissioner or by operation of law under Section 21.3041(c).  [A
 3-3     motion for rehearing is not required for the party to appeal.]
 3-4           SECTION 5.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.