SRC-JLB H.B. 1564 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1564
By: Truitt (Nelson)
Education
4/24/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, municipalities are authorized to apply to the Texas
Education Agency (TEA) for an open-enrollment charter.  The TEA has
granted a charter to at least one municipality for an open-enrollment
charter school.  Municipalities, however, are not provided clear authority
to generate or utilize any funds to construct charter school facilities.
H.B. 1564 clarifies that a municipality that has been granted a charter is
authorized to generate or use funds for the purpose of establishing,
maintaining, or operating an open-enrollment charter school. 

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 12.101(a), Education Code, to authorize the
State Board of Education, in accordance with this subchapter, to grant a
charter on the application of an eligible entity for an open-enrollment
charter school to operate in a facility of a commercial or nonprofit
entity, an eligible entity, or a school district, including a home-rule
school district.   

SECTION 2.  Amends Subchapter D, Chapter 12, Education Code, by adding
Section 12.131, as follows: 
 
Sec. 12.131.  USE OF MUNICIPAL FUNDS FOR CHARTER SCHOOL LAND OR
FACILITIES.  Authorizes a municipality to which a charter is granted under
this subchapter to borrow funds, issue obligations, or otherwise spend its
funds to acquire land or acquire, construct, expand, or renovate school
buildings or facilities or related improvements for its open-enrollment
charter school in the same manner the municipality is authorized to borrow
funds, issue obligations, or otherwise spend its funds in connection with
any other public works project. 
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.