By Lucio                                               S.B. No. 212
         77R3916 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to abolishing the office of commissioner of education,
 1-3     creating the education commission, and transferring the powers and
 1-4     duties of the commissioner of education to the education
 1-5     commission.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. The heading to Subchapter C, Chapter 7, Education
 1-8     Code, is amended to read as follows:
 1-9            SUBCHAPTER C.  [COMMISSIONER OF] EDUCATION COMMISSION
1-10           SECTION 2. Section 7.051, Education Code, is amended to read
1-11     as follows:
1-12           Sec. 7.051.  EDUCATION COMMISSION; MEMBERSHIP [SELECTION OF
1-13     THE COMMISSIONER].  (a)  The governor, with the advice and consent
1-14     of the senate, shall appoint three persons to serve as members of
1-15     the [commissioner of] education commission as follows:
1-16                 (1)  one member who represents the interests of public
1-17     school employees other than administrators;
1-18                 (2)  one member who represents the interests of public
1-19     school administrators, including administrators responsible for
1-20     school district facilities; and
1-21                 (3)  one member who represents the interests of public
1-22     school students, the parents of public school students, and
1-23     parent-teacher organizations.
1-24           (b)  Each person appointed to represent the interests of a
 2-1     group as provided by Subsection (a) must be selected on the basis
 2-2     of the person's specific qualifications to represent the interests
 2-3     of that group.
 2-4           (c)  Appointments to the commission shall be made without
 2-5     regard to the race, color, disability, sex, religion, age, or
 2-6     national origin of the appointee.
 2-7           SECTION 3. Subchapter C, Chapter 7, Education Code, is
 2-8     amended by adding Section 7.0511 to read as follows:
 2-9           Sec. 7.0511.  TRANSFER OF COMMISSIONER'S POWERS AND DUTIES.
2-10     (a)  The powers and duties of the commissioner under this code or
2-11     other law are transferred to the education commission.
2-12           (b)  A reference in law to the commissioner of education is a
2-13     reference to the education commission.
2-14           SECTION 4. Sections 7.052 and 7.053, Education Code, are
2-15     amended to read as follows:
2-16           Sec. 7.052.  TERMS [TERM] OF OFFICE. Members of the
2-17     commission are appointed for staggered terms of six years.  The
2-18     term of one member expires on  February 1 of each odd-numbered year
2-19     [The commissioner serves a term of office of four years
2-20     commensurate with the term of the governor].
2-21           Sec. 7.053.  GROUNDS FOR REMOVAL [FROM OFFICE]. (a)  It is a
2-22     ground for removal from the commission that a member:
2-23                 (1)  cannot, because of illness or disability,
2-24     discharge the member's duties for a substantial part of the
2-25     member's term; or
2-26                 (2)  is absent from more than half of the regularly
2-27     scheduled commission meetings that the member is eligible to attend
 3-1     during a calendar year unless the absence is excused by a majority
 3-2     vote of the commission.
 3-3           (b)  The validity of an action of the commission is not
 3-4     affected by the fact that the action is taken when a ground for
 3-5     removal of a commission member exists  [The governor, with the
 3-6     advice and consent of the senate, may remove the commissioner from
 3-7     office as provided by Section 9, Article XV, Texas Constitution].
 3-8           SECTION 5. Subchapter C, Chapter 7, Education Code, is
 3-9     amended by adding Sections 7.0531 and 7.0532 to read as follows:
3-10           Sec. 7.0531.  OFFICERS. The governor shall designate one
3-11     member of the education commission as presiding officer of the
3-12     commission.  The presiding officer serves in that capacity at the
3-13     will of the governor.
3-14           Sec. 7.0532.  MEETINGS. The commission shall meet at the
3-15     times and places specified by commission rule or at the call of the
3-16     presiding officer.
3-17           SECTION 6. (a)  This Act takes effect September 1, 2001.
3-18           (b)  The governor shall appoint initial members to the
3-19     education commission for terms beginning February 1, 2002, in
3-20     accordance with Section 7.051, Education Code, as amended by this
3-21     Act.  Notwithstanding Section 7.052, Education Code, as amended by
3-22     this Act, initial members appointed to the commission serve terms
3-23     as provided by this subsection.  The initial member appointed to
3-24     represent the interests of public school students, the parents of
3-25     public school students, and parent-teacher organizations  serves a
3-26     term expiring February 1, 2007.  The initial member appointed to
3-27     represent the interests of public school employees other than
 4-1     administrators serves a term expiring February 1, 2005.  The
 4-2     initial member appointed to represent the interests of public
 4-3     school administrators serves a term expiring February 1, 2003.
 4-4           (c)  The office of commissioner of education is abolished on
 4-5     February 1, 2002.  On that date, all powers, duties, rights,
 4-6     contracts, leases, and records of the commissioner of education are
 4-7     transferred to the education commission.
 4-8           (d)  The abolishment of the office of commissioner of
 4-9     education does not affect the validity of a right, privilege, or
4-10     obligation accrued, a contract or acquisition made, any liability
4-11     incurred, a penalty assessed, a rule adopted, a proceeding
4-12     investigation or remedy begun, a decision made, or other action
4-13     taken, by or in connection with the commissioner of education.
4-14           (e)  All rules, policies, procedures, and decisions of the
4-15     commissioner of education are continued in effect as rules,
4-16     policies, procedures, and decisions of the education commission
4-17     until superseded by a rule or other appropriate action of the
4-18     education commission.
4-19           (f)  Any action or proceeding before the commissioner of
4-20     education is transferred without change in status to the education
4-21     commission, and the education commission assumes, without a change
4-22     in status, the position of the commissioner of education in any
4-23     action or proceeding to which the commissioner of education is a
4-24     party.