By:  Wentworth                                                    S.B. No. 387
	(In the Senate - Filed February 8, 2005; February 15, 2005, 
read first time and referred to Committee on Education; 
March 21, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 0; March 21, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 387                                    By:  West


A BILL TO BE ENTITLED

AN ACT


relating to school district employment policies.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.163, Education Code, is amended by 
amending Subsection (c) and adding Subsections (d) and (e) to read 
as follows:
	(c)  The employment policy may:                                                
		(1)  specify the terms of employment with the district; 
[or]
		(2)  delegate to the superintendent the authority to 
determine the terms of employment with the district; or
		(3)  include a provision for providing each current 
district employee with an opportunity to participate in a process 
for transferring to another school in or position with the 
district.
	(d)  The employment policy must provide that not later than 
the 10th school day before the date on which a district fills a 
vacant position for which a certificate or license is required as 
provided by Section 21.003, other than a position that affects the 
safety and security of students as determined by the board of 
trustees, the district must provide to each current district 
employee:
		(1)  notice of the position by posting the position on:                
			(A)  a bulletin board at:                                             
				(i)  a place convenient to the public in the 
district's central administrative office; and
				(ii)  the central administrative office of 
each campus in the district during any time the office is open; and
			(B)  the district's Internet website, if the 
district has a website; and
		(2)  a reasonable opportunity to apply for the 
position.             
	(e)  If, during the school year, the district must fill a 
vacant position held by a teacher, as defined by Section 21.201, in 
less than 10 school days, the district:
		(1)  must provide notice of the position in the manner 
described by Subsection (d)(1) as soon as possible after the 
vacancy occurs;
		(2)  is not required to provide the notice for 10 school 
days before filling the position; and
		(3)  is not required to comply with Subsection (d)(2).                 
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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