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A BILL TO BE ENTITLED
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AN ACT
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relating to hearings under the Texas Education Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.057(b), Education Code, is amended to |
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read as follows: |
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(b) Except as provided by Subsection (c), the commissioner, |
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after due notice to the parties interested, shall hold a hearing and |
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issue a decision, within 180 days of the time the appeal was filed, |
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without cost to the parties involved. In conducting a hearing under |
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this subsection, the commissioner has the same authority relating |
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to discovery and conduct of a hearing as a hearing examiner has |
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under Subchapter F, Chapter 21. This section does not deprive any |
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party of any legal remedy. |
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SECTION 2. Section 7.057(d), Education Code, is amended to |
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read as follows: |
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(d) A person aggrieved by an action of the agency or |
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decision of the commissioner may appeal to a district court in |
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Travis County. An appeal must be made by serving the commissioner |
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with citation issued and served in the manner provided by law for |
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civil suits. The petition must state the action or decision from |
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which the appeal is taken. At trial, the court shall conduct a de |
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novo review and determine all issues of law and fact, except as |
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provided by Section 33.081(g). |
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SECTION 3. Section 21.257(c), Education Code, is amended to |
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read as follows: |
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(c) The parties may agree in writing to extend by not more |
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than 45 days the right to a recommendation by the date prescribed by |
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Subsection (a). If the parties and hearing examiner are unable to |
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comply with the time limitations for a recommendation set by this |
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Section, for good cause shown, the hearing examiner may extend by a |
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reasonable amount of time the recommendation date as prescribed by |
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Subsection (a) and extended by agreement of the parties. A hearing |
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under this section may not be held on a Saturday, Sunday, or a state |
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or federal holiday, unless all parties agree. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |