79R7906 BDH-D

By:  Harper-Brown                                                 H.B. No. 2778



A BILL TO BE ENTITLED

AN ACT

relating to the continued operation of certain open-enrollment 
charter school campuses for which the charter is revoked, not 
renewed, or surrendered.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 12, Education Code, is 
amended by adding Section 12.1141 to read as follows:
	Sec. 12.1141.  ADDITION OF CERTAIN CAMPUSES. (a) Subject to 
Subsection (b), an open-enrollment charter school may assume the 
operation of another open-enrollment charter holder's campus that 
discontinues operation because of a revocation, denial of renewal, 
or surrender of the charter under this subchapter.
	(b)  An open-enrollment charter school may assume the 
operation of a campus under this section if:
		(1)  the school submits a written request to the 
commissioner to assume operation of the campus;
		(2)  at the time of the request, the school is rated 
exemplary under Subchapter D, Chapter 39;
		(3)  the school agrees to operate the campus in the 
campus's existing geographic area; and
		(4)  the school complies with any other necessary 
requirements, as determined by the commissioner.
	(c)  The commissioner may not require an open-enrollment 
charter school to submit an application for a new charter under this 
chapter before assuming the operation of a campus under this 
section.  The commissioner shall:
		(1)  by rule adopt an expedited schedule for ruling on a 
request under this section; and
		(2)  rule on a school's request under this section in a 
time and manner that ensures minimal disruption of the education of 
students enrolled at the campus.
	(d)  A request granted under this section is considered a 
revision of the open-enrollment charter school's charter.
	(e)  The commissioner may adopt rules for the administration 
of this section.
	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, 2005.