SRC-SEW S.B. 949 77(R)BILL ANALYSIS


Senate Research CenterS.B. 949
By: Shapiro
Intergovernmental Relations
5/10/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Currently, charter schools are a type of public school that falls into
three categories: (1) Home-Rule School District, (2) Campus/Campus Program,
and (3) Open-Enrollment.  The first two types are managed by local
independent school districts; however, open-enrollment charter schools are
regulated by the State Board of Education, and may feasibly locate in any
area without the approval of elected officials.  Also, these charter
schools do not receive funding to construct new facilities, resulting in
the schools establishing in existing buildings, including churches and
vacant commercial spaces.  As of late, open-enrollment charter schools have
been located in questionable areas, such as shopping centers, against the
approval of the surrounding community.  As proposed, S.B. 949 implements
public review procedures for open-enrollment charter schools by providing
that these schools are subject to municipal zoning ordinances. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.103, Education Code, as follows:

Sec. 12.103.  New heading:  APPLICABILITY OF LAWS, RULES, AND ORDINANCES TO
OPEN-ENROLLMENT CHARTER SCHOOL.  Provides that an open-enrollment charter
school is subject to federal and state laws and rules governing public
schools and to municipal zoning ordinances governing public schools, with
certain exceptions. 

SECTION 2.  Effective date:  September 1, 2001.