| 1 | 1 | | By: Whitmire S.B. No. 2234 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to hearings under the Texas Education Code. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 7.057(b), Education Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | (b) Except as provided by Subsection (c), the commissioner, |
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| 11 | 11 | | after due notice to the parties interested, shall hold a hearing and |
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| 12 | 12 | | issue a decision, within 180 days of the time the appeal was filed, |
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| 13 | 13 | | without cost to the parties involved. In conducting a hearing under |
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| 14 | 14 | | this subsection, the commissioner has the same authority relating |
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| 15 | 15 | | to discovery and conduct of a hearing as a hearing examiner has |
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| 16 | 16 | | under Subchapter F, Chapter 21. This section does not deprive any |
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| 17 | 17 | | party of any legal remedy. |
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| 18 | 18 | | SECTION 2. Section 7.057(d), Education Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (d) A person aggrieved by an action of the agency or |
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| 21 | 21 | | decision of the commissioner may appeal to a district court in |
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| 22 | 22 | | Travis County. An appeal must be made by serving the commissioner |
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| 23 | 23 | | with citation issued and served in the manner provided by law for |
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| 24 | 24 | | civil suits. The petition must state the action or decision from |
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| 25 | 25 | | which the appeal is taken. At trial, the court shall conduct a de |
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| 26 | 26 | | novo review and determine all issues of law and fact, except as |
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| 27 | 27 | | provided by Section 33.081(g). |
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| 28 | 28 | | SECTION 3. Section 21.257(c), Education Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (c) The parties may agree in writing to extend by not more |
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| 31 | 31 | | than 45 days the right to a recommendation by the date prescribed by |
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| 32 | 32 | | Subsection (a). If the parties and hearing examiner are unable to |
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| 33 | 33 | | comply with the time limitations for a recommendation set by this |
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| 34 | 34 | | Section, for good cause shown, the hearing examiner may extend by a |
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| 35 | 35 | | reasonable amount of time the recommendation date as prescribed by |
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| 36 | 36 | | Subsection (a) and extended by agreement of the parties. A hearing |
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| 37 | 37 | | under this section may not be held on a Saturday, Sunday, or a state |
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| 38 | 38 | | or federal holiday, unless all parties agree. |
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| 39 | 39 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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