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AN ACT
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relating to the applicability to open-enrollment charter schools of |
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certain laws regarding local governments and political |
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subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1058 to read as follows: |
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Sec. 12.1058. APPLICABILITY OF OTHER LAWS. (a) An |
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open-enrollment charter school is considered to be: |
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(1) a local government for purposes of Chapter 791, |
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Government Code; |
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(2) a local government for purposes of Chapter 2259, |
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Government Code, except that an open-enrollment charter school may |
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not issue public securities as provided by Section 2259.031(b), |
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Government Code; |
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(3) a political subdivision for purposes of Chapter |
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172, Local Government Code; and |
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(4) a local governmental entity for purposes of |
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Subchapter I, Chapter 271, Local Government Code. |
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(b) An open-enrollment charter school may elect to extend |
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workers' compensation benefits to employees of the school through |
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any method available to a political subdivision under Chapter 504, |
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Labor Code. An open-enrollment charter school that elects to |
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extend workers' compensation benefits as permitted under this |
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subsection is considered to be a political subdivision for all |
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purposes under Chapter 504, Labor Code. An open-enrollment charter |
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school that self-insures either individually or collectively under |
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Chapter 504, Labor Code, is considered to be an insurance carrier |
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for purposes of Subtitle A, Title 5, Labor Code. |
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(c) Notwithstanding Subsection (a) or (b), an |
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open-enrollment charter school operated by a tax exempt entity as |
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described by Section 12.101(a)(3) is not considered to be a |
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political subdivision, local government, or local governmental |
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entity unless the applicable statute specifically states that the |
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statute applies to an open-enrollment charter school. |
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SECTION 2. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1170 was passed by the House on May 8, |
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2015, by the following vote: Yeas 138, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1170 on May 29, 2015, by the following vote: Yeas 140, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1170 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |