Bill Text: TX HB571 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to rules and policies of the Texas Education Agency regarding public involvement, complaints, negotiated rulemaking, alternative dispute resolution, and advisory committees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-20 - Referred to Public Education [HB571 Detail]
Download: Texas-2019-HB571-Introduced.html
| 86R4445 MEW-F | ||
| By: Hinojosa | H.B. No. 571 | |
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| 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 7.032, 7.033, and 7.034 to read as | ||
| follows: | ||
| Sec. 7.032. 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. 7.033. 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, information about the subject matter of the complaint, | ||
| and 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. 7.034. 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, 2019. | ||
