By Krusee                                              H.B. No. 712
         76R1329 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of mayors of certain municipalities to
 1-3     grant charters for open-enrollment schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 12, Education Code, is
 1-6     amended by adding Section 12.1012 to read as follows:
 1-7           Sec. 12.1012.  MUNICIPAL CHARTERS.  (a)  In addition to the
 1-8     other charters authorized under this subchapter, the mayor of a
 1-9     municipality with a population of 500,000 or more may grant not
1-10     more than five charters each calendar year for open-enrollment
1-11     charter schools to be located within the boundaries of the
1-12     municipality.  A renewal of a charter granted under this section is
1-13     not included for purposes of the annual limitation prescribed by
1-14     this subsection.
1-15           (b)  An applicant for a charter under this section must:
1-16                 (1)  be an eligible entity, as defined in Section
1-17     12.101(a); and
1-18                 (2)  submit an application to the mayor on the form
1-19     prescribed by the State Board of Education under Section 12.110
1-20     that contains the information required under Section 12.111.
1-21           (c)  A mayor shall adopt criteria to use in selecting a
1-22     program for which to grant a charter.  In adopting criteria, the
1-23     mayor is not subject to Section 12.110(d).
1-24           (d)  The State Board of Education shall:
 2-1                 (1)  on behalf of the mayor who granted the charter,
 2-2     prepare a written charter contract to be signed by the mayor, the
 2-3     chief operating officer of the school, and the chair of the board;
 2-4                 (2)  on request by a mayor authorized to grant a
 2-5     charter under this section, provide advice and assistance relating
 2-6     to open-enrollment charter schools to the mayor; and
 2-7                 (3)  perform and exercise all other duties and powers
 2-8     in relation to an open-enrollment charter school granted a charter
 2-9     under this section that the board performs and exercises in
2-10     relation to an open-enrollment charter school granted a charter by
2-11     the board, except that:
2-12                       (A)  the consent of the mayor who granted the
2-13     charter is required before the board may:
2-14                             (i)  revise the charter under Section
2-15     12.114; or
2-16                             (ii)  modify or revoke the charter or place
2-17     the open-enrollment charter school on probation under Section
2-18     12.115; and
2-19                       (B)  the mayor who granted the charter shall
2-20     determine whether to renew the charter.
2-21           (e)  Except as provided by this section, an open-enrollment
2-22     charter school granted a charter under this section is subject to
2-23     this code to the same extent as an open-enrollment charter school
2-24     granted a charter by the State Board of Education.
2-25           SECTION 2.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended,
 3-3     and that this Act take effect and be in force from and after its
 3-4     passage, and it is so enacted.