HBA-SEP C.S.H.B. 2561 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2561 By: Dunnam Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE In 1995, the legislature authorized the initial set of open-enrollment charter schools. One motivation for the authorization was the perceived failure of traditional public schools in addressing the educational needs of certain populations of Texas children. It was hoped that releasing charter schools from the regulations imposed on public schools would create competition and innovation in all Texas schools. However, one consequence of releasing charter schools from the rules imposed on public schools is that money sent to a charter school, once received, ceases to be public funds and the state's prosecutorial laws do not apply. C.S.H.B. 2561 provides that a member of the governing body of a charter school who, if with intent to obtain a benefit, knowingly misuses a thing of value obtained with state funds commits an offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2561 amends the Penal Code to provide that a member of the governing body of a charter school, a member of the governing body of an open-enrollment charter school, or any other person commits an offense if, with intent to obtain a benefit, the member or person knowingly misuses property, services, personnel, assets, credit, funds, or any other thing of value obtained with state funds received by the charter holder or charter school. The bill sets forth penalties in correlation with the value of the use of the thing misused. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2561 modifies the original by providing that any person, rather than only a member of the governing body of a charter school or a member of the governing body of an open-enrollment charter school, commits an offense if, with intent to obtain a benefit, the person knowingly misuses a thing of value obtained with state funds received by the charter holder or charter school. The substitute includes assets, credit, and funds to the list of things of value.