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