Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS · CHAPTER 21. EDUCATORS
Texas Codes

Tex. Educ. Code § 21.041 (2026)

Rules; Fees

✓ current as of May 2026
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Sec. 21.041. RULES; FEES. (a) The board may adopt rules as necessary for its own procedures.

(b) The board shall propose rules that:

(1) provide for the regulation of educators and the general administration of this subchapter in a manner consistent with this subchapter;

(2) specify the classes of educator certificates to be issued, including emergency certificates;

(3) specify the period for which each class of educator certificate is valid;

(4) specify the requirements for the issuance and renewal of an educator certificate;

(5) provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to Section 21.052;

(6) provide for special or restricted certification of educators, including certification of instructors of American Sign Language;

(7) provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code;

(8) provide for the adoption, amendment, and enforcement of an educator's code of ethics;

(9) provide for continuing education requirements; and

(10) provide for certification of persons performing appraisals under Subchapter H.

(c) The board shall propose a rule adopting a fee for the issuance and maintenance of an educator certificate that, when combined with any fees imposed under Subsection (d), is adequate to cover the cost of administration of this subchapter.

(d) The board may propose a rule adopting a fee for the approval or renewal of approval of an educator preparation program, or for the addition of a certificate or field of certification to the scope of a program's approval. A fee imposed under this subsection may not exceed the amount necessary, as determined by the board, to provide for the administrative cost of approving, renewing the approval of, and appropriately ensuring the accountability of educator preparation programs under this subchapter.

(e) A rule proposed by the board under this section relating to educator preparation is not subject to Section 2001.0045, Government Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 723 (S.B. 174), Sec. 1, eff. June 19, 2009.

Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 2.05, eff. June 20, 2025.

Notes of Decisions
Cited in 10 cases, 2006–2020 · leading case: in Re State Bd. for Educator Certification, 452 S.W.3d 802 (Tex. 2014).
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in Re State Bd. for Educator Certification, 452 S.W.3d 802 (Tex. 2014). · cites it 2× “The court of appeals denied mandamus 1 See TEX. EDUC. CODE § 21.041(b)(7) (“The board shall propose rules that .”
Jones v. State Bd. of Educator Certification, 315 S.W.3d 237 (Tex. App. 2010). “See Tex. Educ.Code Ann. § 21.041(b)(7) (West Supp.”
Rudy Cisneros v. State Bd. for Educator Certification (Tex. App. 2006). · cites it 2× “Tex. Educ. Code Ann. § 21.041 (b)(7) (West 2006).”
Henry Gauna v. State (Tex. App. 2006). · cites it 2× “Tex. Educ. Code Ann. § 21.041 (b)(7) (West 2006).”
State v. Erasmo Montalvo (Tex. App. 2015). · cites it 2× “Tex. Educ. Code § 21.041(7) (West 2012). Under that standard the question for the reviewing court is the reasonableness of the Board’s Order, not its correctness.”
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020). “; Tex. Educ. Code § 21.041(8); 19 Tex. Admin.”
State v. Leo J. Tran (Tex. App. 2020). “See Tex. Educ. Code § 21.041 (authorizing Board to propose and adopt rules), Tex.”
Anthony Allen Jones v. State Bd. of Educator Certification (Tex. App. 2010). “See Tex. Educ. Code Ann. § 21.041 (b)(7) (West Supp.”
Don Madden v. State Bd. for Educator Certification (Tex. App. 2014). “See Tex. Educ. Code § 21.041(b)(7), (8). The Education Code also provides an exemption from 14 disciplinary proceedings for an educator’s justified use of corporal punishment.”
State v. Erasmo Montalvo (Tex. App. 2015). “See Tex. Educ. Code § 21.041(b)(8) (requiring Board to adopt and enforce Code of Ethics); 19 Tex.”
— Tex. Educ. Code § 21.041(7) — 1 case
State v. Erasmo Montalvo (Tex. App. 2015). “Tex. Educ. Code § 21.041(7) (West 2012). Under that standard the question for the reviewing court is the reasonableness of the Board’s Order, not its correctness.”
— Tex. Educ. Code § 21.041(8) — 1 case
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020). “; Tex. Educ. Code § 21.041(8); 19 Tex. Admin.”
— Tex. Educ. Code § 21.041(b)(7) — 3 cases
in Re State Bd. for Educator Certification, 452 S.W.3d 802 (Tex. 2014). “The court of appeals denied mandamus 1 See TEX. EDUC. CODE § 21.041(b)(7) (“The board shall propose rules that .”
Jones v. State Bd. of Educator Certification, 315 S.W.3d 237 (Tex. App. 2010). “See Tex. Educ.Code Ann. § 21.041(b)(7) (West Supp.”
Don Madden v. State Bd. for Educator Certification (Tex. App. 2014). “See Tex. Educ. Code § 21.041(b)(7), (8). The Education Code also provides an exemption from 14 disciplinary proceedings for an educator’s justified use of corporal punishment.”
— Tex. Educ. Code § 21.041(b)(8) — 1 case
State v. Erasmo Montalvo (Tex. App. 2015). “See Tex. Educ. Code § 21.041(b)(8) (requiring Board to adopt and enforce Code of Ethics); 19 Tex.”
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