H.B. No. 1202
AN ACT
relating to recovery of certain funds received by an
open-enrollment charter school and to certain requests to revise
student enrollment.
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;
(2) the school:
(A) submits to the commissioner a timely request
to revise the maximum student enrollment described by the school's
charter and the commissioner does not notify the school in writing
of an objection to the proposed revision before the 90th day after
the date on which the commissioner received the request, provided
that the number of students enrolled at the school does not exceed
the enrollment described by the school's request; or
(B) exceeds the maximum student enrollment
described by the school's charter only because a court mandated
that a specific child enroll in that school; and
(3) the school used all funds received under Section
12.106 to provide education services to students.
SECTION 2. Section 12.114, Education Code, is amended to
read as follows:
Sec. 12.114. REVISION. (a) A revision of a charter of an
open-enrollment charter school may be made only with the approval
of the commissioner.
(b) Not more than once each year, an open-enrollment charter
school may request approval to revise the maximum student
enrollment described by the school's charter.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1202 was passed by the House on April
24, 2003, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1202 on May 30, 2003, by the following vote: Yeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1202 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor