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A BILL TO BE ENTITLED
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AN ACT
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relating to rules and policies of the Texas Education Agency |
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regarding public involvement, complaints, negotiated rulemaking, |
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alternative dispute resolution, and advisory committees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 7, Education Code, is |
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amended by adding Sections 7.034, 7.035, and 7.036 to read as |
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follows: |
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Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall |
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develop and implement a policy regarding public involvement with |
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the agency. The policy must: |
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(1) describe how the agency will proactively engage |
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stakeholders; |
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(2) distinguish the purposes and appropriate uses of |
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advisory committees and informal work groups, including by |
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specifying that an informal work group: |
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(A) is not subject to Chapter 2110, Government |
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Code; and |
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(B) must have a well-defined purpose and follow |
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specific timelines for completing tasks; |
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(3) identify actions the agency will take that exceed |
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the minimum open meetings requirements under Chapter 551, |
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Government Code; |
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(4) include a strategy for providing updated |
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information regarding advisory committees and issues of concern to |
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stakeholders through the agency's Internet website; |
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(5) include an action plan for broadcasting and |
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archiving video and audio of open meetings on the Internet; and |
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(6) describe how public input will affect agency |
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decisions, including by providing information regarding the |
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specific outcomes for all types of public input. |
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Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a |
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system to promptly and efficiently act on complaints filed with the |
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agency. The agency shall maintain information about parties to the |
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complaint, the subject matter of the complaint, a summary of the |
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results of the review or investigation of the complaint, and its |
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disposition. |
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(b) The agency shall make information available describing |
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its procedures for complaint investigation and resolution. |
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(c) The agency shall periodically notify the complaint |
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parties of the status of the complaint until final disposition. |
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Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The agency shall develop a policy to encourage the |
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use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of agency rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the agency's |
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jurisdiction. |
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(b) The agency's procedures relating to alternative dispute |
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resolution must conform, to the extent possible, to any model |
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guidelines issued by the State Office of Administrative Hearings |
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for the use of alternative dispute resolution by state agencies. |
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(c) The agency shall: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) provide training as needed to implement the |
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procedures for negotiated rulemaking or alternative dispute |
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resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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SECTION 2. Subchapter C, Chapter 7, Education Code, is |
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amended by adding Section 7.067 to read as follows: |
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Sec. 7.067. ADVISORY COMMITTEE RULES. (a) The |
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commissioner shall adopt rules, in compliance with Chapter 2110, |
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Government Code, regarding an advisory committee that primarily |
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functions to advise the commissioner or the agency, including rules |
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governing an advisory committee's purpose, tasks, reporting |
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requirements, and abolishment date. |
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(b) The commissioner may adopt rules under this section |
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regarding an advisory committee's: |
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(1) size and quorum requirements; |
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(2) qualifications for membership, including |
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experience requirements and geographic representation; |
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(3) appointment procedures; |
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(4) terms of service; and |
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(5) compliance with the requirements for open meetings |
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under Chapter 551, Government Code. |
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SECTION 3. 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, 2017. |