SRC-TAG H.B. 1022 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 1022
By: Eissler (Williams)
Education
4/24/2003
Committee Report (Amended)

DIGEST AND PURPOSE 

Currently, some educators who serve under a temporary, emergency, or
provisional certification or permit issued by the State Board for Educator
Certification (SBEC) fail to meet the  full certification requirements.
In order to terminate a contractual employee for lack of full
certification, school districts are obligated to follow expensive
termination or nonrenewal procedures, including the independent hearing
examiner process.  H.B. 1022 provides that an educator's failure to
acquire full certification voids the educator's employment contract
without any need for a termination or nonrenewal hearing, effective on the
date the temporary certification or permit lapses.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 21, Education Code, by adding
Section 21.0031, as follows: 

Sec.  21.0031.  FAILURE TO OBTAIN CERTIFICATION; CONTRACT VOID  (a)
Provides that an employee's probationary, continuing, or term contract
under this  chapter is void if the employee fails to meet certain
requirements. 

(b)  Authorizes a school district, on the date on which an employee's
contract is void under Subsection (a), to take certain actions. 

(c)  Provides that a school district's decision under Subsection (b) is
not subject to appeal under this chapter, and Sections 21.206 and 21.207
do not apply to the decision. 

(d)  Establishes that this section does not affect the rights and remedies
of a party in an at-will employment relationship. 

SECTION 2.  Effective date: September 1, 2003.
            Makes application of this Act prospective.

LIST OF COMMITTEE AMENDMENTS

COMMITTEE AMENDMENT NO. 1:

Amends H.B. 1022 in Section 21.0031 by adding Subsection (e).  "This
section does not apply to certified teachers assigned to teach a subject
for which they are not certified."