| 1 | 1 | | 85R12284 MEW-F |
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| 2 | 2 | | By: Hinojosa H.B. No. 3815 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to rules and policies of the Texas Education Agency |
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| 8 | 8 | | regarding public involvement, complaints, negotiated rulemaking, |
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| 9 | 9 | | alternative dispute resolution, and advisory committees. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 7, Education Code, is |
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| 12 | 12 | | amended by adding Sections 7.034, 7.035, and 7.036 to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall |
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| 15 | 15 | | develop and implement a policy regarding public involvement with |
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| 16 | 16 | | the agency. The policy must: |
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| 17 | 17 | | (1) describe how the agency will proactively engage |
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| 18 | 18 | | stakeholders; |
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| 19 | 19 | | (2) distinguish the purposes and appropriate uses of |
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| 20 | 20 | | advisory committees and informal work groups, including by |
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| 21 | 21 | | specifying that an informal work group: |
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| 22 | 22 | | (A) is not subject to Chapter 2110, Government |
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| 23 | 23 | | Code; and |
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| 24 | 24 | | (B) must have a well-defined purpose and follow |
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| 25 | 25 | | specific timelines for completing tasks; |
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| 26 | 26 | | (3) identify actions the agency will take that exceed |
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| 27 | 27 | | the minimum open meetings requirements under Chapter 551, |
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| 28 | 28 | | Government Code; |
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| 29 | 29 | | (4) include a strategy for providing updated |
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| 30 | 30 | | information regarding advisory committees and issues of concern to |
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| 31 | 31 | | stakeholders through the agency's Internet website; |
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| 32 | 32 | | (5) include an action plan for broadcasting and |
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| 33 | 33 | | archiving video and audio of open meetings on the Internet; and |
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| 34 | 34 | | (6) describe how public input will affect agency |
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| 35 | 35 | | decisions, including by providing information regarding the |
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| 36 | 36 | | specific outcomes for all types of public input. |
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| 37 | 37 | | Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a |
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| 38 | 38 | | system to promptly and efficiently act on complaints filed with the |
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| 39 | 39 | | agency. The agency shall maintain information about parties to the |
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| 40 | 40 | | complaint, the subject matter of the complaint, a summary of the |
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| 41 | 41 | | results of the review or investigation of the complaint, and its |
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| 42 | 42 | | disposition. |
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| 43 | 43 | | (b) The agency shall make information available describing |
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| 44 | 44 | | its procedures for complaint investigation and resolution. |
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| 45 | 45 | | (c) The agency shall periodically notify the complaint |
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| 46 | 46 | | parties of the status of the complaint until final disposition. |
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| 47 | 47 | | Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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| 48 | 48 | | RESOLUTION. (a) The agency shall develop a policy to encourage the |
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| 49 | 49 | | use of: |
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| 50 | 50 | | (1) negotiated rulemaking procedures under Chapter |
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| 51 | 51 | | 2008, Government Code, for the adoption of agency rules; and |
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| 52 | 52 | | (2) appropriate alternative dispute resolution |
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| 53 | 53 | | procedures under Chapter 2009, Government Code, to assist in the |
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| 54 | 54 | | resolution of internal and external disputes under the agency's |
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| 55 | 55 | | jurisdiction. |
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| 56 | 56 | | (b) The agency's procedures relating to alternative dispute |
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| 57 | 57 | | resolution must conform, to the extent possible, to any model |
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| 58 | 58 | | guidelines issued by the State Office of Administrative Hearings |
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| 59 | 59 | | for the use of alternative dispute resolution by state agencies. |
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| 60 | 60 | | (c) The agency shall: |
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| 61 | 61 | | (1) coordinate the implementation of the policy |
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| 62 | 62 | | adopted under Subsection (a); |
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| 63 | 63 | | (2) provide training as needed to implement the |
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| 64 | 64 | | procedures for negotiated rulemaking or alternative dispute |
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| 65 | 65 | | resolution; and |
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| 66 | 66 | | (3) collect data concerning the effectiveness of those |
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| 67 | 67 | | procedures. |
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| 68 | 68 | | SECTION 2. Subchapter C, Chapter 7, Education Code, is |
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| 69 | 69 | | amended by adding Section 7.067 to read as follows: |
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| 70 | 70 | | Sec. 7.067. ADVISORY COMMITTEE RULES. (a) The |
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| 71 | 71 | | commissioner shall adopt rules, in compliance with Chapter 2110, |
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| 72 | 72 | | Government Code, regarding an advisory committee that primarily |
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| 73 | 73 | | functions to advise the commissioner or the agency, including rules |
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| 74 | 74 | | governing an advisory committee's purpose, tasks, reporting |
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| 75 | 75 | | requirements, and abolishment date. |
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| 76 | 76 | | (b) The commissioner may adopt rules under this section |
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| 77 | 77 | | regarding an advisory committee's: |
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| 78 | 78 | | (1) size and quorum requirements; |
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| 79 | 79 | | (2) qualifications for membership, including |
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| 80 | 80 | | experience requirements and geographic representation; |
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| 81 | 81 | | (3) appointment procedures; |
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| 82 | 82 | | (4) terms of service; and |
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| 83 | 83 | | (5) compliance with the requirements for open meetings |
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| 84 | 84 | | under Chapter 551, Government Code. |
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| 85 | 85 | | SECTION 3. This Act takes effect immediately if it receives |
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| 86 | 86 | | a vote of two-thirds of all the members elected to each house, as |
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| 87 | 87 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 88 | 88 | | Act does not receive the vote necessary for immediate effect, this |
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| 89 | 89 | | Act takes effect September 1, 2017. |
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