| 1 | 1 | | 81R11087 CS-D |
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| 2 | 2 | | By: Aycock H.B. No. 3742 |
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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 certain appeals against school districts made to the |
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| 8 | 8 | | commissioner of education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 7.057, Education Code, is amended by |
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| 11 | 11 | | adding Subsections (c-1), (c-2), and (c-3) to read as follows: |
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| 12 | 12 | | (c-1) An administrative law judge acting on behalf of the |
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| 13 | 13 | | commissioner under Chapter 157, Title 19, Texas Administrative |
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| 14 | 14 | | Code, in response to an appeal described by Subsection (c) shall |
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| 15 | 15 | | issue a proposal for decision not later than the 30th day after the |
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| 16 | 16 | | conclusion of briefing by parties to the appeal. |
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| 17 | 17 | | (c-2) On receipt of a proposal for decision under Subsection |
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| 18 | 18 | | (c-1), the commissioner shall issue a final decision not later |
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| 19 | 19 | | than: |
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| 20 | 20 | | (1) the 30th day after the filing of the parties' |
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| 21 | 21 | | replies and exceptions to the proposal for decision; or |
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| 22 | 22 | | (2) if no replies and exceptions are filed, the 60th |
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| 23 | 23 | | day after the date of issuance of the proposal for decision. |
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| 24 | 24 | | (c-3) If the commissioner fails to comply with Subsection |
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| 25 | 25 | | (c-2), the commissioner shall issue a final decision that conforms |
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| 26 | 26 | | with the proposal for decision not later than the seventh day after |
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| 27 | 27 | | the applicable deadline under that subsection. |
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| 28 | 28 | | SECTION 2. This Act applies only to a hearing that commences |
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| 29 | 29 | | on or after September 1, 2009. A hearing that commenced before |
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| 30 | 30 | | September 1, 2009, is governed by the law as it existed immediately |
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| 31 | 31 | | before the effective date of this Act, and that law is continued in |
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| 32 | 32 | | effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2009. |
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