By Dunnam                                             H.B. No. 2923
         76R3304 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the election of the members of the governing body of an
 1-3     open-enrollment charter school.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 12.111, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 12.111.  CONTENT.  Each charter granted under this
 1-8     subchapter must:
 1-9                 (1)  describe the educational program to be offered,
1-10     which must include the required curriculum as provided by Section
1-11     28.002;
1-12                 (2)  specify the period for which the charter or any
1-13     charter renewal is valid;
1-14                 (3)  provide that continuation or renewal of the
1-15     charter is contingent on acceptable student performance on
1-16     assessment instruments adopted under Subchapter B, Chapter 39, and
1-17     on compliance with any accountability provision specified by the
1-18     charter, by a deadline or at intervals specified by the charter;
1-19                 (4)  establish the level of student performance that is
1-20     considered acceptable for purposes of Subdivision (3);
1-21                 (5)  specify any basis, in addition to a basis
1-22     specified by this subchapter, on which the charter may be placed on
1-23     probation or revoked or on which renewal of the charter may be
1-24     denied;
 2-1                 (6)  prohibit discrimination in admission policy on the
 2-2     basis of sex, national origin, ethnicity, religion, disability,
 2-3     academic or athletic ability, or the district the child would
 2-4     otherwise attend in accordance with this code, although the charter
 2-5     may provide for the exclusion of a student who has a documented
 2-6     history of a criminal offense, a juvenile court adjudication, or
 2-7     discipline problems under Subchapter A, Chapter 37;
 2-8                 (7)  specify the grade levels to be offered;
 2-9                 (8)  describe the governing structure of the program,
2-10     including the term for which members of the governing body serve,
2-11     whether the terms are to be staggered, and any other provision
2-12     necessary for the election of members of the governing body in
2-13     accordance with Section 12.119;
2-14                 (9)  specify the qualifications to be met by
2-15     professional employees of the program;
2-16                 (10)  describe the process by which the person
2-17     providing the program will adopt an annual budget;
2-18                 (11)  describe the manner in which an annual audit of
2-19     the financial and programmatic operations of the program is to be
2-20     conducted, including the manner in which the person providing the
2-21     program will provide information necessary for the school district
2-22     in which the program is located to participate, as required by this
2-23     code or by State Board of Education rule, in the Public Education
2-24     Information Management System (PEIMS);
2-25                 (12)  describe the facilities to be used;
2-26                 (13)  describe the geographical area served by the
2-27     program; and
 3-1                 (14)  specify any type of enrollment criteria to be
 3-2     used.
 3-3           SECTION 2.  Subchapter D, Chapter 12, Education Code, is
 3-4     amended by adding Section 12.119 to read as follows:
 3-5           Sec. 12.119.  ELECTION OF GOVERNING BODY.  (a) The members of
 3-6     the governing body of an open-enrollment charter school shall be
 3-7     elected at an election held in the geographical area served by the
 3-8     program as described by the charter in accordance with Section
 3-9     12.111(13).
3-10           (b)  In each geographical area served by an open-enrollment
3-11     charter school, the commissioners court of the county containing
3-12     that geographical area shall order an election to be held in
3-13     accordance with this section.  If that geographical area extends
3-14     into more than one county, the commissioners court of each county
3-15     in which a portion of the geographical area is located shall
3-16     jointly order and hold the election. The commissioners court shall
3-17     hold the first election on the first uniform election date provided
3-18     by Section 41.001, Election Code, that is at least 120 days after
3-19     the date the charter is granted.  At that election, all positions
3-20     on the governing body shall be filled for terms provided by the
3-21     charter.  The person operating the open-enrollment charter school
3-22     shall reimburse the commissioners court for all necessary costs of
3-23     ordering and conducting the election.
3-24           (c)  If the charter provides that the terms are to be
3-25     staggered, the members of the governing body elected at the
3-26     election under Subsection (b) shall draw lots for terms.  In the
3-27     case of an established open-enrollment charter school, the term of
 4-1     each member of the governing body of the open-enrollment charter
 4-2     school in office on the date of that election ends when the
 4-3     member's successor has qualified for office.  In the case of an
 4-4     open-enrollment charter school with a newly-granted charter,
 4-5     control of the open-enrollment charter school transfers from the
 4-6     person to whom the charter was granted to the governing body on the
 4-7     date a quorum of the governing body of the open-enrollment charter
 4-8     school elected under Subsection (b) has qualified for office.
 4-9           (d)  The governing body of an open-enrollment charter school
4-10     shall order and conduct subsequent elections of members of the
4-11     governing body.  With the appropriate modifications, Sections
4-12     11.054-11.058 and 11.060 apply to the election under Subsection (b)
4-13     and to subsequent elections of members of the governing body.
4-14           SECTION 3.  For an open-enrollment charter school for which a
4-15     charter is granted before September 1, 1999, the appropriate
4-16     commissioners courts shall hold the initial election of charter
4-17     school governing boards on the third Saturday in January 2000.
4-18           SECTION 4.  This Act takes effect September 1, 1999.
4-19           SECTION 5.  The importance of this legislation and the
4-20     crowded condition of the calendars in both houses create an
4-21     emergency and an imperative public necessity that the
4-22     constitutional rule requiring bills to be read on three several
4-23     days in each house be suspended, and this rule is hereby suspended.