HBA-RAR H.B. 373 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 373
By: Flores
Public Education
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the governor appoints all 15 members of the State Board for
Educator Certification.  H.B. 373 involves educators in this process by
requiring the governor to appoint seven of the 15 board members from a
slate of candidates nominated by teachers, administrators, and counselors
employed in public schools.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board for Educator
Certification in SECTION 1 (Section 21.033, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.033, Education Code, by adding Subsections
(b)-(d), as follows: 

Sec. 21.033. STATE BOARD FOR EDUCATOR CERTIFICATION.  Requires the governor
to appoint as members of the State Board for Educator Certification (board)
four teachers employed in public schools, two public school administrators,
and one public school counselor from a slate of candidates nominated by
teachers, administrators, and counselors employed in public schools through
an election conducted by the board.  Requires the board to adopt rules
governing the election and authorizes that the rules specify the number of
candidates to be included in the slate presented to the governor and limit
eligibility for nominating or voting for a candidate to individuals in the
same category of employment as the candidate.  Requires the board to send
each person eligible to nominate and vote for a candidate notice of the
deadline for nomination, information on procedures to follow in nominating
a candidate, and a written ballot.  The board  is composed of 15 members
and the remaining eight members are appointed under existing  provisions of
the law. Creates Subsection (e) from existing text and redesignates
existing Subsection (c) to Subsection (f). 

SECTION 2.  Amends Section 21.034(b), Education Code, to require the
governor to appoint a replacement for a vacated office from another slate
of candidates nominated in accordance with Section 21.033 if the vacated
office was occupied  by a member appointed from a slate of candidates
nominated in accordance with that section.  

SECTION 3.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 4.  Emergency clause.