77R15061 BDH-D
By Bivins S.B. No. 207
Substitute the following for S.B. No. 207:
By Dutton C.S.S.B. No. 207
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures applicable to termination or suspension of
1-3 school district teachers and other employees.
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
2-1 Section 21.253], the request for hearing under Section 21.253 shall
2-2 include the name of the hearing examiner selected. [If the parties
2-3 agree on a hearing examiner after the teacher files the request for
2-4 hearing, the teacher shall promptly notify the commissioner in
2-5 writing of the name of the hearing examiner.]
2-6 SECTION 3. Subchapter G, Chapter 21, Education Code, is
2-7 amended by adding Section 21.3041 to read as follows:
2-8 Sec. 21.3041. REHEARING BY COMMISSIONER. (a) Not later
2-9 than the 20th day after the date the party or the party's attorney
2-10 receives notice of the commissioner's decision under Section
2-11 21.304, the party may file a motion for rehearing.
2-12 (b) A motion for rehearing is not required for a party to
2-13 appeal the commissioner's decision under Section 21.307.
2-14 (c) A motion for rehearing is overruled by operation of law
2-15 if the commissioner does not issue an order before the 45th day
2-16 after the date the party or the party's attorney receives notice of
2-17 the commissioner's decision.
2-18 SECTION 4. Subsection (b), Section 21.307, Education Code,
2-19 is amended to read as follows:
2-20 (b) An appeal under this section must be perfected not later
2-21 than the 30th day after:
2-22 (1) the date the party or the party's attorney
2-23 receives [received] notice of the commissioner's decision or the
2-24 date on which the decision of the board of trustees is [was]
2-25 affirmed by operation of law if the commissioner fails [failed] to
2-26 issue a decision within the required period; or
2-27 (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. Subchapter A, Chapter 22, Education Code, is
3-5 amended by adding Section 22.007 to read as follows:
3-6 Sec. 22.007. STATEMENT OF ADMINISTRATIVE PROCEDURES AND
3-7 REMEDIES REQUIRED. On termination of the employment of any school
3-8 district employee, the district shall provide to the employee a
3-9 written statement of any administrative procedures and remedies
3-10 required to be exhausted by the employee before the employee may
3-11 bring suit against the district for the termination.
3-12 SECTION 6. This Act takes effect immediately if it receives
3-13 a vote of two-thirds of all the members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.