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.