SRC-PNG, SLL C.S.H.B. 211 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 211
By: Hochberg (Sibley)
Education
5/17/1999
Committee Report (Substituted - REVISED)


DIGEST 

Currently, there are issues regarding compliance with the public
information and open-meetings laws by school districts and open-enrollment
charter schools.  C.S.H.B. 211 sets forth provisions regarding compliance
by school districts and open-enrollment charter schools with the public
information law and the open meetings law and to the governance of an
open-enrollment charter school. 

PURPOSE

As proposed, C.S.H.B. 211 sets forth provisions regarding compliance by
school districts and openenrollment charter schools with the public
information law and the open meetings law and to the governance of an
open-enrollment charter school. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.105(b), Education Code, to provide that any
requirement in Chapters 551 and 552, Government Code, relating to a school
district, school board, or school children applies to an open-enrollment
charter school (charter school) and to children attending an
open-enrollment school. 

SECTION 2.  Amends Section 12.111, Education Code, to require each charter
granted under this subchapter to describe the governing structure of the
program, including certain information.   

SECTION 3.  Amends Chapter 12D, Education Code, by adding Sections 12.119
and 12.120, as follows: 

Sec.  12.119.  BYLAWS; ANNUAL REPORT.  Requires the entity to which a
charter is granted for a charter school to file with the State Board of
Education (board) a copy of its bylaws, or a comparable document it the
entity does not have bylaws, within the period and manner prescribed by the
board.  Requires each charter school to file certain information with the
board each year within the period and on a prescribed form.  Requires the
board to provide certain information to a member of the public, on request.
Authorizes the board to charge a reasonable fee to cover the board's cost
in providing the information. 

Sec.  12.120.  LIMITATION ON SERVING AS OFFICER OR EMPLOYEE.  Prohibits a
person who has been convicted of a felony or a misdemeanor involving moral
turpitude from serving as an officer or member of the governing body of a
charter school. 

SECTION 4. Amends Section 53.02, Education Code, by adding Subdivision
(13), to define "authorized charter school." 

SECTION 5. Amends Section 53.48, Education Code, to authorize a corporation
created under Section 53.35(b) to issue bonds to finance or refinance
educational facilities or housing facilities to be used by an accredited
primary or secondary school or by an authorized charter school, in the same
manner that a corporation may issue bonds under this chapter for an
institution of higher education.  

SECTION 6.  Amends Chapter 552C, Government Code, by adding Section
552.131,  as follows: 

Sec.  552.131.  EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL DISTRICT.
Defines "informer." Provides that an informer's name or information that
would substantially reveal the identity of an informer is excepted from the
requirements of Section 552.021.  Sets forth certain instances in which
Subsection (b) does not apply.  Authorizes information excepted under
Subsection (b) to be made available to a law enforcement agency or
prosecutor for official purposes of the agency or prosecutor upon proper
request.  Provides that this section does not infringe on or impair the
confidentiality of information considered to be confidential by law. 

SECTION 7. Makes application of Section 552.3241, Government Code, as added
by this Act, prospective.  

SECTION 8.  Amends Section 26.007(b), Education Code, to require a board of
trustees of a school district to hold each public meeting in a certain area
except as required by law or except to hold a joint meeting with another
governmental entity, if the boundaries of the governmental entity are in
whole or in part within the boundaries of the district. 

SECTION 9.  Requires each charter school for which a charter is granted
before September 1, 1999, to revise its charter as necessary to comply with
Section 12.111, Education Code, as amended by this Act, not later than
January 1, 2000.  Requires the entity to which a charter is granted before
September 1, 1999, to file a copy of its bylaws or other document not later
than January 1, 2000. 

SECTION 10. Emergency clause.
            Effective date: upon passage.