78R6042 BDH-D


By:  Dutton                                                       H.B. No. 1202



A BILL TO BE ENTITLED

AN ACT

relating to recovery of certain funds received by an 
open-enrollment charter school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 12, Education Code, is 
amended by adding Section 12.1061 to read as follows:
	Sec. 12.1061.  RECOVERY OF CERTAIN FUNDS. The commissioner 
may not garnish or otherwise recover funds paid to an 
open-enrollment charter school under Section 12.106 if:
		(1)  the basis of the garnishment or recovery is that:                 
			(A)  the number of students enrolled in the school 
during a school year exceeded the student enrollment described by 
the school's charter during that period; and
			(B)  the school received funding under Section 
12.106  based on the school's actual student enrollment; and
		(2)  the school used all funds received under Section 
12.106 to provide education services to students.
	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, 2003.