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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain laws to open-enrollment |
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charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1056, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Immunity from liability and suit of an open-enrollment |
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charter school is not waived unless immunity is expressly waived in |
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a statute and that statute specifically states that the statute |
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applies to an open-enrollment charter school. |
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SECTION 2. Section 12.1058, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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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 a [the applicable] statute specifically states that |
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the statute applies to an open-enrollment charter school. |
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(d) Except as provided by Section 12.103(c), a municipality |
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shall consider an open-enrollment charter school a school district |
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for purposes of zoning, permitting, code compliance, and |
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development. |
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SECTION 3. Subchapter A, Chapter 2007, Government Code, is |
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amended by adding Section 2007.0035 to read as follows: |
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Sec. 2007.0035. APPLICABILITY OF CHAPTER TO |
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OPEN-ENROLLMENT CHARTER SCHOOL. An open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code, is not |
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a political subdivision or governmental entity for purposes of this |
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chapter. |
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SECTION 4. Section 395.022(b), Local Government Code, is |
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amended to read as follows: |
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(b) A school district and an open-enrollment charter school |
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are [is] not required to pay impact fees imposed under this chapter |
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unless the board of trustees of the district or the governing body |
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of the charter school consents to the payment of the fees by |
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entering a contract with the political subdivision that imposes the |
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fees. The contract may contain terms the board of trustees or |
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governing body considers advisable to provide for the payment of |
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the fees. |
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SECTION 5. 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, 2017. |