By Nelson                                        S.B. No. 193

      75R2166 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to open-enrollment charter schools.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 12.101, Education Code, is amended to

 1-5     read as follows:

 1-6           Sec. 12.101.  AUTHORIZATION.  (a)  In accordance with this

 1-7     subchapter, the State Board of Education may grant a charter on the

 1-8     application of an eligible entity for an open-enrollment charter

 1-9     school to operate in a facility of a commercial or nonprofit entity

1-10     or a school district, including a home-rule school district.  In

1-11     this subsection, "eligible entity" means:

1-12                 (1)  an institution of higher education as defined

1-13     under Section 61.003;

1-14                 (2)  a private or independent institution of higher

1-15     education as defined under Section 61.003;

1-16                 (3)  an organization that is exempt from taxation under

1-17     Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section

1-18     501(c)(3)); or

1-19                 (4)  a governmental entity.

1-20           (b)  [The State Board of Education may not grant a total of

1-21     more than 20 charters for an open-enrollment charter school.]

1-22           [(c)]  If the facility to be used for an open-enrollment

1-23     charter school is a school district facility, the school must be

1-24     operated in the facility in accordance with the terms established

 2-1     by the board of trustees or other governing body of the district in

 2-2     an agreement governing the relationship between the school and the

 2-3     district.

 2-4           (c) [(d)]  An educator employed by a school district before

 2-5     the effective date of a charter for an open-enrollment charter

 2-6     school operated at a school district facility may not be

 2-7     transferred to or employed by the open-enrollment charter school

 2-8     over the educator's objection.

 2-9           SECTION 2.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended,

2-14     and that this Act take effect and be in force from and after its

2-15     passage, and it is so enacted.