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A BILL TO BE ENTITLED
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AN ACT
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relating to required sale or lease of unused or underutilized |
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school district facilities to charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.1542 to read as follows: |
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Sec. 11.1542. REQUIRED SALE OR LEASE OF UNUSED OR |
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UNDERUTILIZED FACILITIES TO CHARTER SCHOOLS. (a) This subsection |
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applies only to a school district facility or portion of a district |
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facility that has been identified by the commissioner in accordance |
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with commissioner rule adopted under Subsection (b) as being unused |
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or underutilized by the district. If the charter holder of an |
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open-enrollment charter school makes a written offer to a district |
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to lease or purchase, for use by the open-enrollment charter |
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school, a district facility or portion of a district facility |
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identified as being unused or underutilized, the district must |
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lease or sell, as applicable, the facility or portion of the |
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facility to the charter holder for use by the open-enrollment |
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charter school. The lease or sale price must be at or below fair |
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market value and on other terms agreed to by the charter holder and |
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district board of trustees. |
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(b) For purposes of Subsection (a), the commissioner shall |
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by rule adopt a procedure and criteria for determining whether a |
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school district facility or a portion of a district facility is |
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unused or underutilized by the district. Each year, the |
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commissioner shall, using the procedure and criteria adopted, |
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identify for each district any district facility or portion of a |
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district facility that is unused or underutilized. Each year, the |
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agency shall post on the agency's Internet website a list of each |
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district's unused or underutilized facilities and portions of |
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facilities. At the request of an open-enrollment charter school, a |
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district shall provide to the charter school a list of unused and |
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underutilized district facilities and portions of district |
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facilities as identified by the commissioner. |
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(c) A school district may not require a campus or campus |
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program that has been granted a charter under Subchapter C and that |
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is the result of the conversion of the status of an existing school |
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district campus to pay rent or to purchase the campus facility in |
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order to use the facility. |
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(d) A school district may not require a campus or campus |
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program described by Subsection (c) or an open-enrollment charter |
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school to pay for any services provided by the district under a |
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contract between the district and the campus, campus program, or |
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open-enrollment charter school an amount greater than the amount of |
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the actual costs to the district of providing the services. |
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SECTION 2. This Act applies only to a contract entered into |
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by a school district and a charter school on or after the effective |
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date of this Act. A contract entered into between a school district |
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and a charter school before the effective date of this Act is |
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governed by the law in effect on the date the contract is entered |
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into, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |