S.B. 893 78(R)    BILL ANALYSIS


S.B. 893
By: Bivins
Public Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the Texas Education Agency (TEA) appoints an examiner on a
rotating basis when it is notified  of a contract dispute.  If both the
district and  the employee involved in the dispute agree to disallow the
original examiner, they can both appoint another that is agreeable to both
parties. S.B. 893 authorizes the parties to select a hearing examiner and
requires the parties to inform the commissioner of education of the
choice. This bill also increases the time frame in which the examiner has
to complete the findings of fact and authorizes certain entities to amend
or reject the examiners finding of fact.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

S.B. 893 amends the Education Code to require that a teacher provide the
commissioner of education (commissioner) with a  copy of the notice of
proposed action. The bill authorizes the parties to agree in writing to
extend by not more than 10 days the deadline for requesting a hearing. The
bill requires the commissioner, if a hearing examiner is not selected by
the parties to a pending case, to assign a hearing examiner to the case
not earlier than the sixth business day and not later than the 10th
business day after the date on which the commissioner receives the request
for a hearing. 

The bill authorizes the parties to agree to reject a hearing examiner for
any reason. The bill requires the commissioner, if the parties agree to
reject the hearing examiner or if the commissioner determines that one,
rather than the, party has a good cause to reject the hearing examiner, to
assign another hearing examiner.  

The bill authorize the parties, by agreement, to select a hearing examiner
from the list  maintained by the(commissioner) and to specify that a
noncertified hearing examiner may be selected only if the person is
licensed to practice law in this state. The bill requires the parties, if
they agree on a hearing examiner, to notify the commissioner in writing of
the agreement, including the hearing examiner's name, before the date the
commissioner is permitted to assign a hearing examiner.  

The bill increases the time frame in which the hearing examiner is
required to complete the hearing and make a written recommendation
including proposed findings of fact, from the 45th to the 60th day after
the date on which the commissioner receives a teacher's written request
for a hearing. The bill authorizes the parties to agree in writing to
extend by not more than 45 days, rather than waive, the right to a such a
recommendation. The bill prohibits a hearing under this section from being
held on a Saturday, Sunday, or state or federal holiday unless all parties
agree. 

The bill authorizes the party to file a request for rehearing not later
than 20th day after receiving notice of the commissioner's decision under
Section 21.304 (Decision of Commissioner). The bill provides that a
request for rehearing is not required to appeal the commissioner's
decision under Section 21.307 (Judicial Appeals). The bill provides that a
request for rehearing is denied by operation of law if the commissioner
does not issue an order before the 45th day after the date the  party or
party's representative receives notice of the commissioner's decision. 

The bill include the party's representative as a party that might receive
a notice, and to include that an appeal under this section must be
perfected not later than the 30th day after the date a request for hearing
is filed under Section 21.3041 (Rehearing by the Commissioner), on which
the request is denied by order of the commissioner or by operation of law
under Section 21.3041(c). The bill deletes text referring to a motion for
rehearing not being required for appeal. 

The bill makes application of Subchapter F, Chapter 21, as amended by this
Act, prospective. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.