83R3113 VOO-D

By: Dutton H.B. No. 324

A BILL TO BE ENTITLED

AN ACT

relating to certain facilities and service provider transactions between school districts and charter schools.

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

SECTION 1. Subchapter D, Chapter 11, Education Code, is amended by adding Section 11.1542 to read as follows:

Sec. 11.1542. FACILITIES AND SERVICE PROVIDER TRANSACTIONS BETWEEN DISTRICTS AND CHARTER SCHOOLS. (a) This subsection applies only to an independent school district facility or portion of a district facility that is identified by the commissioner in accordance with commissioner rule adopted under Subsection (b) as being unused or underutilized by the district. If the charter holder of an open-enrollment charter school makes a written offer to a district to lease or purchase, for use by the open-enrollment charter school, a district facility or portion of a district facility identified as being unused or underutilized, the district must lease or sell, as applicable, the facility or portion of the facility to the charter holder for use by the open-enrollment charter school. The lease or sale price must be at fair market value and may be on other terms agreed to by the charter holder and district board of trustees.

(b) For purposes of Subsection (a), the commissioner shall by rule adopt a procedure and criteria for determining whether a school district facility or a portion of a district facility is unused or underutilized by the district. Each year, the commissioner shall, using the procedure and criteria adopted, identify for each district any district facility or portion of a district facility that is unused or underutilized. Each year, the agency shall post on the agency's Internet website a list of each district's unused or underutilized facilities and portions of facilities. At the request of an open-enrollment charter school, a district shall provide to the charter school a list of unused and underutilized district facilities and portions of district facilities as identified by the commissioner.

(c) An independent school district may not require a campus or campus program that has been granted a charter under Subchapter C, Chapter 12, and that is the result of the conversion of the status of an existing school district campus to pay rent or to purchase the campus facility in order to use the facility.

(d) An independent school district may not require a campus or campus program described by Subsection (c) or an open-enrollment charter school to pay an amount for any service provided by the district under a contract between the district and the campus, campus program, or open-enrollment charter school that is greater than the amount of the actual costs to the district of providing the service.

SECTION 2. This Act applies only to a contract entered into by a school district and a charter school on or after the effective date of this Act. A contract entered into between a school district and a charter school before the effective date of this Act is governed by the law in effect on the date the contract is entered into, and that law is continued in effect for that purpose.

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, 2013.