| 1 | 1 | | 81R9931 CAS-D |
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| 2 | 2 | | By: Farias H.B. No. 2463 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to appeals to the commissioner of education and to |
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| 8 | 8 | | recommendations by hearing examiners concerning public school |
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| 9 | 9 | | teacher employment decisions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 7.057(b) and (d), Education Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) Except as provided by Subsection (c), the commissioner, |
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| 14 | 14 | | after due notice to the parties interested, shall, not later than |
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| 15 | 15 | | the 180th day after the date the appeal was filed, hold a hearing |
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| 16 | 16 | | and issue a decision without cost to the parties involved. In |
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| 17 | 17 | | conducting a hearing under this subsection, the commissioner has |
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| 18 | 18 | | the same authority relating to discovery and conduct of a hearing as |
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| 19 | 19 | | a hearing examiner has under Subchapter F, Chapter 21. This section |
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| 20 | 20 | | does not deprive any party of any legal remedy. |
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| 21 | 21 | | (d) A person aggrieved by an action of the agency or |
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| 22 | 22 | | decision of the commissioner may appeal to a district court in |
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| 23 | 23 | | Travis County. An appeal must be made by serving the commissioner |
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| 24 | 24 | | with citation issued and served in the manner provided by law for |
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| 25 | 25 | | civil suits. The petition must state the action or decision from |
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| 26 | 26 | | which the appeal is taken. At trial, the court shall conduct a de |
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| 27 | 27 | | novo review and determine all issues of law and fact, except as |
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| 28 | 28 | | provided by Section 33.081(g). |
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| 29 | 29 | | SECTION 2. Section 21.257, Education Code, is amended by |
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| 30 | 30 | | adding Subsection (c-1) to read as follows: |
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| 31 | 31 | | (c-1) Notwithstanding Subsections (a) and (c), if the |
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| 32 | 32 | | hearing examiner or parties are unable to comply with the time |
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| 33 | 33 | | requirements under this section for a recommendation under |
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| 34 | 34 | | Subsection (a), the hearing examiner may, for good cause shown, |
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| 35 | 35 | | postpone by a reasonable period the date on which a recommendation |
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| 36 | 36 | | is required. |
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| 37 | 37 | | SECTION 3. (a) Sections 7.057(b) and (d), Education Code, |
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| 38 | 38 | | as amended by this Act, apply only to an appeal filed with the |
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| 39 | 39 | | commissioner of education on or after the effective date of this |
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| 40 | 40 | | Act. |
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| 41 | 41 | | (b) Section 21.257(c-1), Education Code, as added by this |
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| 42 | 42 | | Act, applies only to a hearing before a hearing examiner held on or |
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| 43 | 43 | | after the effective date of this Act. |
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| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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