83S10251 CAS-D

By: Patrick S.B. No. 37

A BILL TO BE ENTITLED

AN ACT

relating to the number of charters that may be granted for open-enrollment charter schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, does not become law, Section 12.101(b), Education Code, is amended to read as follows:

(b) The State Board of Education may grant a charter for an open-enrollment charter school only to an applicant that meets any financial, governing, and operational standards adopted by the commissioner under this subchapter. [The State Board of Education may not grant a total of more than 215 charters for an open-enrollment charter school.]

SECTION 2. If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, becomes law, Section 12.1014(b), Education Code, as effective September 1, 2013, is amended to read as follows:

(b) [The limit on the number of charters for open-enrollment charter schools imposed by Section 12.101 does not apply to a charter granted under this section to a school at which at least 50 percent of the students are eligible to receive services under Subchapter A, Chapter 29.] Not more than five charters may be granted under this section for schools at which at least 50 percent of the students are eligible to receive services under Subchapter A, Chapter 29 [described by this subsection].

SECTION 3. (a) If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, does not become law, Section 221.0071(a), Human Resources Code, is amended to read as follows:

(a) Notwithstanding any other law [and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code], the State Board of Education may grant a charter on the application of a detention, correctional, or residential facility established only for juvenile offenders under Section 51.12, 51.125, or 51.126, Family Code.

(b) If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, becomes law, Section 221.0071(a), Human Resources Code, as effective September 1, 2013, is amended to read as follows:

(a) Notwithstanding any other law [and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code], the commissioner of education may grant a charter on the application of a detention, correctional, or residential facility established only for juvenile offenders under Section 51.12, 51.125, or 51.126, Family Code.

SECTION 4. (a) If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, does not become law, Section 221.056(d), Human Resources Code, is amended to read as follows:

(d) Notwithstanding any other law [and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code], the State Board of Education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section.

(b) If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, becomes law, Section 221.056(d), Human Resources Code, as effective September 1, 2013, is amended to read as follows:

(d) Notwithstanding any other law [and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code], the commissioner of education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section.

SECTION 5. (a) If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, does not become law, Section 12.156(b), Education Code, is repealed.

(b) If S.B. No. 2, Acts of the 83rd Legislature, Regular Session, 2013, becomes law, the following provisions of the Education Code, as effective September 1, 2013, are repealed:

(1) Section 12.0522(e);

(2) Sections 12.101(b-1), (b-2), and (b-7); and

(3) Section 12.156(b).

SECTION 6. 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 on the 91st day after the last day of the legislative session.