Amend CSHB 6 by striking all below the enacting clause and
substituting the following:
      SECTION 1. Subchapter D, Chapter 12, Education Code, is
amended by adding Sections 12.1161 and 12.121 to read as follows:
      Sec. 12.1161.  DECLARATION OF EMERGENCY STATUS. (a)  The
commissioner may declare emergency status as to an open-enrollment
charter school if the commissioner determines that conditions at
the school warrant that action.  The commissioner may declare
emergency status based on evidence of:
            (1)  low levels of academic achievement at the school;
            (2)  financial improprieties at the school;
            (3)  conditions that present a danger to the health,
safety, or welfare of students at the school; or
            (4)  other serious problems at the school.
      (b)  If the commissioner declares emergency status as to an
open-enrollment charter school, the commissioner may immediately
take necessary action to correct the conditions, including:
            (1)  replacing the governing body of the school;
            (2)  replacing the administration of the school;
            (3)  restructuring the school's teaching staff; or
            (4)  closing the school.
      (c)  An action of the commissioner under Subsection (b) is
subject to ratification by the State Board of Education at the
board's next meeting after the action is taken.  If the board does
not ratify the commissioner's action, the person operating the
open-enrollment charter school may appeal the commissioner's action
under Section 7.057.  Pending the outcome of the appeal, the person
must abide by the commissioner's action.
      (d)  This section expires September 1, 2003.
      Sec. 12.121.  CHARTER SCHOOL TASK FORCE. (a)  The governor
shall appoint a task force to study issues relating to the
governance of open-enrollment charter schools.  The task force must
include educators and administrators employed by open-enrollment
charter schools and researchers and policy analysts familiar with
those schools.
      (b)  The study must address:
            (1)  which entity should be responsible for issuing
charters for open-enrollment charter schools;
            (2)  the process that should be used to screen and
select from among the applicants for charters for open-enrollment
charter schools;
            (3)  the types and severity of problems existing with
current open-enrollment charter schools and methods that could be
used to avoid those problems;
            (4)  the manner in which open-enrollment charter
schools should be held accountable;
            (5)  the best method for dealing with persons operating
open-enrollment charter schools who do not meet the governance
standards established for those schools; and
            (6)  the manner in which other states deal with the
governance of similar charter schools.
      (c)  Not later than December 1, 2002, the task force shall
report its findings to the governor and the legislature.  This
section expires January 31, 2003.
      SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2001.