HBA-JRA H.B. 3395 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3395 By: Culberson Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE Current state law does not specifically provide that the state's public education policy prevails over federal education policy. H.B. 3395 provides that this state's public education policy prevails over any federal law, regulation, or policy to the extent of any conflict, in the absence of clear constitutional, statutory, or judicial authority that the federal law, regulation, or policy controls. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 1, Education Code, by adding Chapter 2, as follows: CHAPTER 2. SUPREMACY OF STATE EDUCATIONAL POLICY Sec. 2.001. STATE EDUCATIONAL POLICY. Provides that the policy of this state in matters of public education is established by the laws of this state, including the Texas Constitution and this code and the rules, policies, and procedures of and official actions taken by officers, employees, and other agents of this state and by state agencies and political subdivisions acting under authority of the law of this state. Sec. 2.002. SUPREMACY OF STATE POLICY. (a) Provides that the policy of this state in matters of public education prevails over any federal law, regulation, or policy to the extent of any conflict, in the absence of clear constitutional, statutory, or judicial authority that the federal law, regulation, or policy controls. Requires the attorney general to vigorously defend any state policy in matters of public education, including on appeal to the court of last resort, in any case in which the validity of the state policy is called into question on account of a conflicting federal law, regulation, or policy. (b) Provides that this section constitutes state action to the maximum extent permitted by a federal statute that provides that state policy in matters of public education prevails over any conflicting federal law, regulation, or policy, or that federal law does not preempt state authority in matters of public education and the application or effectiveness of which as to this state is contingent on official action of this state. (c) Provides that to the maximum extent permitted by any federal law, including a statute enacted after this section becomes law, this state hereby accepts full authority over matters of public education in this state and declares that federal law does not apply to this state or its officers, employees, agencies, institutions, or political subdivisions in matters of public education. Sec. 2.003. IMMUNITY FROM LIABILITY. Provides an officer, employee, or other agent of this state or of a state agency or political subdivision immunity from liability to any person for a violation of a federal law, regulation, or policy committed while acting in good faith adherence to state policy in matters of public education unless the officer, employee, or agent had specific and actual knowledge of the federal law, regulation, or policy governing the person's conduct. SECTION 2.Emergency clause. Effective date: upon passage.