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AN ACT
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relating to appeals to the commissioner of education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.057, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (a-1) to read as |
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follows: |
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(a-1) A person is not required to appeal to the commissioner |
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before pursuing a remedy under a law outside of Title 1 or this |
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title to which Title 1 or this title makes reference or with which |
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Title 1 or this title requires compliance. |
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(b) Except as provided by Subsection (c), the |
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commissioner[,] after due notice to the parties interested[,] |
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shall, not later than the 180th day after the date an appeal under |
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Subsection (a) is filed, hold a hearing and issue a decision without |
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cost to the parties involved. In conducting a hearing under this |
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subsection, the commissioner has the same authority relating to |
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discovery and conduct of a hearing as a hearing examiner has under |
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Subchapter F, Chapter 21. This section does not deprive any party |
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of any legal remedy. |
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SECTION 2. Section 7.057(b), Education Code, as amended by |
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this Act, applies only to an appeal to the commissioner of education |
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filed on or after the effective date of this Act. An appeal to the |
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commissioner of education filed before the effective date of this |
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Act is governed by the law in effect on the date the appeal was |
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filed, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 829 was passed by the House on May 1, |
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2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 829 was passed by the Senate on May |
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23, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |