82R2565 CAS-D
By: Aycock H.B. No. 391
A BILL TO BE ENTITLED
AN ACT
relating to termination of a public school teacher's term contract
and discharge of the teacher at any time on the basis of a school
district's financial exigency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.211, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) To terminate a term contract and discharge a teacher
for a financial exigency under Subsection (a)(2), the board of
trustees of a school district must adopt a resolution declaring the
financial exigency and provide written notice of the declaration to
the commissioner. The declaration expires at the end of the fiscal
year during which the declaration is made unless the board adopts a
resolution before the end of the fiscal year declaring continuation
of the financial exigency for the following fiscal year and
provides written notice of that declaration to the commissioner.
The board is not limited in the number of times the board may adopt a
resolution declaring continuation of the financial exigency. Each
time the board adopts a resolution under this subsection, the board
must notify the commissioner. The commissioner by rule shall
prescribe the time and manner in which notice must be given to the
commissioner under this subsection.
SECTION 2. 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, 2011.