By:  Dutton (Senate Sponsor - Van de Putte)                       H.B. No. 1202
	(In the Senate - Received from the House April 25, 2003; 
April 28, 2003, read first time and referred to Committee on 
Education; May 23, 2003, reported favorably, as amended, by the 
following vote:  Yeas 6, Nays 0; May 23, 2003, sent to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Van de Putte

	(1)  In SECTION 1 of the bill, between proposed Sections 
12.1061(1) and 12.1061(2), Education Code (Committee printing 
version, page 1, between lines 49 and 50), insert the following:
		(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
	(2)  In SECTION 1 of the bill, in proposed Section 12.1061, 
Education Code (Committee printing version, page 1, line 50), 
strike "(2)" and substitute "(3)".
	(3)  Add the following appropriately numbered SECTION to the 
bill and renumber the subsequent SECTIONS accordingly:
	SECTION ___.  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.


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.



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