H.B. No. 1022




AN ACT

relating to employment status and contract entitlements of public 
school educators who fail to obtain appropriate certification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 21, Education Code, is 
amended by adding Section 21.0031 to read as follows:
	Sec. 21.0031.  FAILURE TO OBTAIN CERTIFICATION; CONTRACT 
VOID.  (a)  An employee's probationary, continuing, or term 
contract under this chapter is void if the employee:
		(1)  does not hold a certificate or permit issued by the 
State Board for Educator Certification; or
		(2)  fails to fulfill the requirements necessary to 
extend the employee's temporary or emergency certificate or permit.
	(b)  After an employee receives notice that the employee's 
contract is void under Subsection (a):
		(1)  a school district may:                                            
			(A)  terminate the employee;                                          
			(B)  suspend the employee with or without pay; or                     
			(C)  retain the employee for the remainder of the 
school year on an at-will employment basis in a position other than 
classroom teacher at the employee's existing rate of pay or at a 
reduced rate; and
		(2)  the employee is not entitled to the minimum salary 
prescribed by Section 21.402.
	(c)  A school district's decision under Subsection (b) is not 
subject to appeal under this chapter, and the notice and hearing 
requirements of this chapter do not apply to the decision.
	(d)  This section does not affect the rights and remedies of 
a party in an at-will employment relationship.
	(e)  This section does not apply to a certified teacher 
assigned to teach a subject for which the teacher is not certified.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a contract entered into by a school district and an 
educator on or after that date.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1022 was passed by the House on April 
8, 2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1022 was passed by the Senate on May 
9, 2003, by a viva-voce vote.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor