By Bivins                                              S.B. No. 207
         77R2703 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the selection of a hearing examiner in a teacher
 1-3     suspension or contract termination hearing.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 21.254(e), Education Code, is amended to
 1-6     read as follows:
 1-7           (e)  After the teacher receives the notice of the proposed
 1-8     action, the parties by agreement may select a hearing examiner from
 1-9     the list maintained by the commissioner under Subsection (a) or a
1-10     person who is not certified to serve as a hearing examiner.  A
1-11     person who is not a certified hearing examiner may be selected only
1-12     if the person is [under this subsection must be] licensed to
1-13     practice law in this state.  If the parties agree on a hearing
1-14     examiner before the teacher files a request for hearing under
1-15     Section 21.253, the request shall include the name of the hearing
1-16     examiner selected.  If the parties agree on a hearing examiner
1-17     after the teacher files the request for hearing, the teacher shall
1-18     promptly notify the commissioner in writing of the name of the
1-19     hearing examiner.
1-20           SECTION 2.  This Act takes effect immediately if it receives
1-21     a vote of two-thirds of all the members elected to each house, as
1-22     provided by Section 39, Article III, Texas Constitution.  If this
1-23     Act does not receive the vote necessary for immediate effect, this
1-24     Act takes effect September 1, 2001.