BILL ANALYSIS

H.B. 3573

By: Bernal

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that the exemption of charter schools from certain municipal zoning ordinances raises numerous safety and traffic concerns. H.B. 3573 seeks to address this issue by revising the applicability of an applicable exemption.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3573 amends the Education Code to make the exemption of a campus of an open-enrollment charter school located in whole or in part in a municipality with a population of 20,000 or less from municipal zoning ordinances governing public schools inapplicable to a campus of an open-enrollment charter school located wholly or partly in such a municipality adjacent to or surrounded by a municipality that has a population of one million or more and is primarily located in a county with a population of 1.5 million or more. The bill prohibits such a municipality adjacent to or surrounded by a municipality that has a population of one million or more and is primarily located in a county with a population of 1.5 million or more from imposing a municipal zoning ordinance governing public schools on an open-enrollment charter school that was located in the municipality on September 1, 2017, or was planned for a location in the municipality before September 1, 2017, provided that one or more licenses, certificates, permits, approvals, or other forms of authorization by the municipality were required by law for the planned location and a completed application for the initial authorization was filed with the municipality before September 1, 2017. The bill establishes that a completed application is filed if the application includes all documents and other information designated as required by the municipality in a written notice to the applicant.

EFFECTIVE DATE

September 1, 2017.