Texas 2021 - 87th Regular

Texas House Bill HB1252 Compare Versions

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1-H.B. No. 1252
1+By: Moody, et al. (Senate Sponsor - Hall, et al.) H.B. No. 1252
2+ (In the Senate - Received from the House May 12, 2021;
3+ May 18, 2021, read first time and referred to Committee on
4+ Education; May 24, 2021, reported favorably by the following vote:
5+ Yeas 6, Nays 3; May 24, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the limitation period for filing a complaint and
612 requesting a special education impartial due process hearing.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8- SECTION 1. This Act may be cited as the Edgar Pacheco Jr.
9- Act.
10- SECTION 2. Subchapter A, Chapter 29, Education Code, is
14+ SECTION 1. Subchapter A, Chapter 29, Education Code, is
1115 amended by adding Section 29.0164 to read as follows:
1216 Sec. 29.0164. LIMITATION PERIOD FOR FILING COMPLAINT AND
1317 REQUESTING SPECIAL EDUCATION DUE PROCESS HEARING. The commissioner
1418 or agency may not adopt or enforce a rule that establishes a shorter
1519 period for filing a due process complaint alleging a violation of
1620 state or federal special education laws and requesting an impartial
1721 due process hearing than the maximum timeline designated under 20
1822 U.S.C. Sections 1415(b)(6) and (f)(3).
19- SECTION 3. Section 29.0164, Education Code, as added by
23+ SECTION 2. Section 29.0164, Education Code, as added by
2024 this Act, applies only to a complaint filed and an impartial due
2125 process hearing requested on or after the effective date of this
2226 Act. A complaint filed and an impartial due process hearing
2327 requested before the effective date of this Act are governed by the
2428 law in effect at the time the complaint was filed and the impartial
2529 due process hearing was requested, and the former law is continued
2630 in effect for that purpose.
27- SECTION 4. As soon as practicable after the effective date
31+ SECTION 3. As soon as practicable after the effective date
2832 of this Act, the commissioner of education shall amend rules as
2933 necessary to comply with Section 29.0164, Education Code, as added
3034 by this Act.
31- SECTION 5. This Act takes effect September 1, 2022.
32- ______________________________ ______________________________
33- President of the Senate Speaker of the House
34- I certify that H.B. No. 1252 was passed by the House on May
35- 11, 2021, by the following vote: Yeas 95, Nays 47, 1 present, not
36- voting; and that the House concurred in Senate amendments to H.B.
37- No. 1252 on May 28, 2021, by the following vote: Yeas 113, Nays 29,
38- 1 present, not voting.
39- ______________________________
40- Chief Clerk of the House
41- I certify that H.B. No. 1252 was passed by the Senate, with
42- amendments, on May 26, 2021, by the following vote: Yeas 25, Nays
43- 6.
44- ______________________________
45- Secretary of the Senate
46- APPROVED: __________________
47- Date
48- __________________
49- Governor
35+ SECTION 4. This Act takes effect September 1, 2022.
36+ * * * * *