78R3522 BDH-D

By:  Eissler                                                      H.B. No. 1022



A BILL TO BE ENTITLED

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)  holds a certificate or permit issued by the State 
Board for Educator Certification on a temporary or emergency basis; 
and
		(2)  fails to obtain a certificate or permit required 
by Section 21.003 appropriate for employment in the position 
covered by the contract before the temporary or emergency 
certificate or permit expires.
	(b)  On the date on which an 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 on an at-will employment 
basis 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.
	(d)  This section does not affect the rights and remedies of 
a party in an at-will employment relationship.
	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.