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A BILL TO BE ENTITLED
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AN ACT
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relating to the ineligibility of certain persons affiliated with an |
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open-enrollment charter school for election to or service on the |
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State Board of Education or a school district board of trustees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.103, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (d) to |
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read as follows: |
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(a) A person is not eligible for election to or service on |
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the board if the person: |
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(1) holds an office with this state or any political |
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subdivision of this state; |
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(2) is: |
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(A) an employee, officer, or member of the |
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governing body of an open-enrollment charter school; or |
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(B) a member of the governing body of a charter |
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holder; |
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(3) is required to register as a lobbyist under |
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Chapter 305, Government Code, by virtue of the person's activities |
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for compensation on behalf of an open-enrollment charter school, |
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governing body of an open-enrollment charter school, charter |
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holder, governing body of a charter holder, or management company; |
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(4) has an interest in a management company; or |
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(5) in any way represents the interests of an |
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open-enrollment charter school that are directly or indirectly in |
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conflict with the interests of an independent school district. |
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(a-1) For purposes of Subsection (a)(4), a person has an |
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interest in a management company if: |
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(1) the person owns five percent or more of the voting |
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stock or shares of the management company; |
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(2) the person owns five percent or more of the fair |
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market value of the management company; or |
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(3) money received by the person from the management |
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company exceeds five percent of the person's gross income for the |
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preceding calendar year. |
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(d) In this section, "charter holder," "governing body of a |
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charter holder," "governing body of an open-enrollment charter |
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school," "management company," and "officer of an open-enrollment |
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charter school" have the meanings assigned by Section 12.1012. |
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SECTION 2. Section 11.061, Education Code, is amended by |
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adding Subsections (b-1), (b-2), and (e) to read as follows: |
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(b-1) A person may not be elected trustee of an independent |
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school district or appointed to fill a vacancy on the board of |
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trustees of an independent school district if the person: |
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(1) is: |
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(A) an employee, officer, or member of the |
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governing body of an open-enrollment charter school; or |
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(B) a member of the governing body of a charter |
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holder; |
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(2) is required to register as a lobbyist under |
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Chapter 305, Government Code, by virtue of the person's activities |
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for compensation on behalf of an open-enrollment charter school, |
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governing body of an open-enrollment charter school, charter |
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holder, governing body of a charter holder, or management company; |
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(3) has an interest in a management company; or |
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(4) in any way represents the interests of an |
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open-enrollment charter school that are directly or indirectly in |
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conflict with the interests of an independent school district. |
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(b-2) For purposes of Subsection (b-1)(3), a person has an |
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interest in a management company if: |
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(1) the person owns five percent or more of the voting |
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stock or shares of the management company; |
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(2) the person owns five percent or more of the fair |
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market value of the management company; or |
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(3) money received by the person from the management |
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company exceeds five percent of the person's gross income for the |
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preceding calendar year. |
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(e) In this section, "charter holder," "governing body of a |
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charter holder," "governing body of an open-enrollment charter |
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school," "management company," and "officer of an open-enrollment |
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charter school" have the meanings assigned by Section 12.1012. |
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SECTION 3. The changes in law made by this Act regarding |
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eligibility for membership on the State Board of Education or the |
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board of trustees of an independent school district do not affect |
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the entitlement of a member serving on the State Board of Education |
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or the board of trustees of an independent school district |
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immediately before the effective date of this Act to continue to |
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carry out the board's functions for the remainder of the member's |
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term. The changes in law apply only to a member elected or |
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appointed on or after the effective date of this Act. |
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SECTION 4. 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. |