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.
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