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