SRC-MWN C.S.H.B. 6 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 6
77R16219 BDH-DBy: Dunnam (Bivins)
Education
5/11/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.H.B. 6 establishes a two-year moratorium on new charters for
open-enrollment charter schools and strengthens the accountability and
oversight provisions regarding the operation of open-enrollment charter
schools.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTIONS 2 (Section12.121, Education Code) and 3 (Section 12.155,
Education Code), and to the corporation established by the Public Finance
Authority in SECTION 5 (Section 53.351, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.104, Education Code, by adding Subsection (c),
to provide that an open-enrollment charter school is subject to certain
factors imposed by state law or by a rule adopted under state law, relating
to certain criteria. 

SECTION 2. Amends Chapter 12D, Education Code, by adding Sections 12.1071
and 12.12112.124, as follows: 

Sec. 12.1071. STATUS AND USE OF FUNDS. Sets forth provisions regarding the
status and use of funds. 

Sec. 12.121. SANCTIONS BY COMMISSIONER. Sets forth provisions regarding
sanctions by the commissioner of education (commissioner). Requires the
commissioner to adopt certain rules. 

Sec. 12.122. AUDIT BY COMMISSIONER. Authorizes the commissioner to audit
certain records. 

Sec. 12.123. CONTRACT FOR MANAGEMENT SERVICES. Defines "management company"
and "management services." Sets forth provisions regarding contract for
management services to the school. 

Sec. 12.124. GOVERNOR'S COMMISSION ON OPEN-ENROLLMENT CHARTER SCHOOLS. Sets
forth provisions regarding the governor's commission on open-enrollment
charter schools. 

SECTION 3. Amends Chapter 12, Education Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E. GOVERNMENTAL ENTITY CHARTER SCHOOLS

Sec. 12.151. DEFINITIONS. Defines "governing board" and "public senior
college or  university." 

Sec. 12.152. AUTHORIZATION. Sets forth provisions regarding authorization
of a governing board. 

Sec. 12.153. APPLICABILITY OF CERTAIN PROVISIONS. Sets forth applicability
of certain provisions. 

Sec. 12.154. FORM OF CHARTER. Requires a charter of a governmental entity
charter school to be in a form of written contract signed by certain
persons. 

Sec. 12.155. CERTAIN FUNDING. Sets forth provisions regarding certain
funding. Requires the commissioner to adopt rules as necessary to
administer this section. 

Sec. 12.156. SUPERVISION OF GOVERNMENTAL ENTITY CHARTER SCHOOLS. Sets forth
provisions regarding supervision of governmental entity charter schools. 

Sec. 12.157. AUTHORITY TO GRANT CHARTER. Authorizes a charter for an
openenrollment charter school to only be licensed under this subchapter.
Provides that this section expires September 1, 2003. 

SECTION 4. Amends Sections 39.131(a) and (d), Education Code, as follows:

 (a) Requires the commissioner, under a certain situation, to take certain
actions. 

(d) Authorizes the commissioner, if the district fails or refuses to pay
the costs in a timely manner, to perform certain duties. 

SECTION 5. Amends Chapter 53C, Education Code, by adding Section 53.351, as
follows: 

Sec. 53.351. BONDS FOR OPEN-ENROLLMENT CHARTER SCHOOL FACILITIES. Sets
forth provisions regarding bonds for open-enrollment charter school
facilities. Requires the Public Finance Authority (corporation) to adopt
rules governing the issuance of bonds on behalf of an authorized
open-enrollment charter school. 

SECTION 6. (a) Repealer: Section 12.1011, Education Code.

(b) Provides that a charter for an open-enrollment charter school granted
under the authority of Section 12.1011, Education Code, as that section
existed before repeal by this Act, is considered to have been granted under
the authority of Section 12.101, Education Code. 

SECTION 7. Provides that this Act prevails over any conflicting Act of the
77th Legislature, Regular Session, 2001, that amends or repeals a provision
of Title 2, Education Code, as amended by this Act, regardless of the
relative dates of enactment. 

SECTION 8. Effective date: September 1, 2001.