| 1 | 1 | | H.B. No. 829 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to appeals to the commissioner of education. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 7.057, Education Code, is amended by |
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| 8 | 8 | | amending Subsection (b) and adding Subsection (a-1) to read as |
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| 9 | 9 | | follows: |
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| 10 | 10 | | (a-1) A person is not required to appeal to the commissioner |
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| 11 | 11 | | before pursuing a remedy under a law outside of Title 1 or this |
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| 12 | 12 | | title to which Title 1 or this title makes reference or with which |
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| 13 | 13 | | Title 1 or this title requires compliance. |
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| 14 | 14 | | (b) Except as provided by Subsection (c), the |
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| 15 | 15 | | commissioner[,] after due notice to the parties interested[,] |
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| 16 | 16 | | shall, not later than the 180th day after the date an appeal under |
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| 17 | 17 | | Subsection (a) is filed, hold a hearing and issue a decision without |
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| 18 | 18 | | cost to the parties involved. In conducting a hearing under this |
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| 19 | 19 | | subsection, the commissioner has the same authority relating to |
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| 20 | 20 | | discovery and conduct of a hearing as a hearing examiner has under |
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| 21 | 21 | | Subchapter F, Chapter 21. This section does not deprive any party |
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| 22 | 22 | | of any legal remedy. |
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| 23 | 23 | | SECTION 2. Section 7.057(b), Education Code, as amended by |
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| 24 | 24 | | this Act, applies only to an appeal to the commissioner of education |
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| 25 | 25 | | filed on or after the effective date of this Act. An appeal to the |
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| 26 | 26 | | commissioner of education filed before the effective date of this |
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| 27 | 27 | | Act is governed by the law in effect on the date the appeal was |
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| 28 | 28 | | filed, and that law is continued in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2009. |
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| 34 | 34 | | ______________________________ ______________________________ |
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| 35 | 35 | | President of the Senate Speaker of the House |
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| 36 | 36 | | I certify that H.B. No. 829 was passed by the House on May 1, |
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| 37 | 37 | | 2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
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| 38 | 38 | | voting. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Chief Clerk of the House |
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| 41 | 41 | | I certify that H.B. No. 829 was passed by the Senate on May |
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| 42 | 42 | | 23, 2009, by the following vote: Yeas 31, Nays 0. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | APPROVED: _____________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | _____________________ |
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| 48 | 48 | | Governor |
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