85R12284 MEW-F
By: Hinojosa H.B. No. 3815
A BILL TO BE ENTITLED
AN ACT
relating to rules and policies of the Texas Education Agency
regarding public involvement, complaints, negotiated rulemaking,
alternative dispute resolution, and advisory committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Education Code, is
amended by adding Sections 7.034, 7.035, and 7.036 to read as
follows:
Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall
develop and implement a policy regarding public involvement with
the agency. The policy must:
(1) describe how the agency will proactively engage
stakeholders;
(2) distinguish the purposes and appropriate uses of
advisory committees and informal work groups, including by
specifying that an informal work group:
(A) is not subject to Chapter 2110, Government
Code; and
(B) must have a well-defined purpose and follow
specific timelines for completing tasks;
(3) identify actions the agency will take that exceed
the minimum open meetings requirements under Chapter 551,
Government Code;
(4) include a strategy for providing updated
information regarding advisory committees and issues of concern to
stakeholders through the agency's Internet website;
(5) include an action plan for broadcasting and
archiving video and audio of open meetings on the Internet; and
(6) describe how public input will affect agency
decisions, including by providing information regarding the
specific outcomes for all types of public input.
Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a
system to promptly and efficiently act on complaints filed with the
agency. The agency shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The agency shall make information available describing
its procedures for complaint investigation and resolution.
(c) The agency shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The agency shall develop a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of agency rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the agency's
jurisdiction.
(b) The agency's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The agency shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 2. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.067 to read as follows:
Sec. 7.067. ADVISORY COMMITTEE RULES. (a) The
commissioner shall adopt rules, in compliance with Chapter 2110,
Government Code, regarding an advisory committee that primarily
functions to advise the commissioner or the agency, including rules
governing an advisory committee's purpose, tasks, reporting
requirements, and abolishment date.
(b) The commissioner may adopt rules under this section
regarding an advisory committee's:
(1) size and quorum requirements;
(2) qualifications for membership, including
experience requirements and geographic representation;
(3) appointment procedures;
(4) terms of service; and
(5) compliance with the requirements for open meetings
under Chapter 551, Government Code.
SECTION 3. 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, 2017.