1-1 By: Bivins S.B. No. 207
1-2 (In the Senate - Filed January 9, 2001; January 11, 2001,
1-3 read first time and referred to Committee on Education;
1-4 March 1, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 1, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 207 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to procedures in a teacher suspension or contract
1-11 termination hearing.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 21.253, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 21.253. REQUEST FOR HEARING. (a) A teacher must file
1-16 a written request for a hearing under this subchapter with the
1-17 commissioner not later than the 15th day after the date the teacher
1-18 receives written notice of the proposed action and must include
1-19 with the request a copy of the notice. The teacher must provide
1-20 the district with a copy of the request.
1-21 (b) The parties may agree in writing to extend by not more
1-22 than 10 days the deadline for requesting a hearing.
1-23 SECTION 2. Subsection (e), Section 21.254, Education Code,
1-24 is amended to read as follows:
1-25 (e) After the teacher receives the notice of the proposed
1-26 action, the parties by agreement may select a hearing examiner from
1-27 the list maintained by the commissioner under Subsection (a) or a
1-28 person who is not certified to serve as a hearing examiner. A
1-29 person who is not a certified hearing examiner may be selected only
1-30 if the person is [under this subsection must be] licensed to
1-31 practice law in this state. If the parties agree on a hearing
1-32 examiner [before the teacher files a request for hearing under
1-33 Section 21.253], the request for hearing under Section 21.253 shall
1-34 include the name of the hearing examiner selected. [If the parties
1-35 agree on a hearing examiner after the teacher files the request for
1-36 hearing, the teacher shall promptly notify the commissioner in
1-37 writing of the name of the hearing examiner.]
1-38 SECTION 3. Subchapter G, Chapter 21, Education Code, is
1-39 amended by adding Section 21.3041 to read as follows:
1-40 Sec. 21.3041. REHEARING BY COMMISSIONER. (a) Not later
1-41 than the 20th day after the date the party or the party's attorney
1-42 receives notice of the commissioner's decision under Section
1-43 21.304, the party may file a motion for rehearing.
1-44 (b) A motion for rehearing is not required for a party to
1-45 appeal the commissioner's decision under Section 21.307.
1-46 (c) A motion for rehearing is overruled by operation of law
1-47 if the commissioner does not issue an order before the 45th day
1-48 after the date the party or the party's attorney receives notice of
1-49 the commissioner's decision.
1-50 SECTION 4. Subsection (b), Section 21.307, Education Code,
1-51 is amended to read as follows:
1-52 (b) An appeal under this section must be perfected not later
1-53 than the 30th day after:
1-54 (1) the date the party or the party's attorney
1-55 receives [received] notice of the commissioner's decision or the
1-56 date on which the decision of the board of trustees is [was]
1-57 affirmed by operation of law if the commissioner fails [failed] to
1-58 issue a decision within the required period; or
1-59 (2) if a motion for rehearing is filed under Section
1-60 21.3041, the date on which the motion is overruled by order of the
1-61 commissioner or by operation of law under Section 21.3041(c). [A
1-62 motion for rehearing is not required for the party to appeal.]
1-63 SECTION 5. This Act takes effect immediately if it receives
1-64 a vote of two-thirds of all the members elected to each house, as
2-1 provided by Section 39, Article III, Texas Constitution. If this
2-2 Act does not receive the vote necessary for immediate effect, this
2-3 Act takes effect September 1, 2001.
2-4 * * * * *