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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of municipal zoning ordinances to |
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certain open-enrollment charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.103, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) Notwithstanding Subsection (a) and except as provided |
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by Subsection (d), a campus of an open-enrollment charter school |
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located in whole or in part in a municipality with a population of |
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20,000 or less is not subject to a municipal zoning ordinance |
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governing public schools. |
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(d) Subsection (c) does not apply to a campus of an |
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open-enrollment charter school located wholly or partly in a |
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municipality adjacent to or surrounded by a municipality that: |
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(1) has a population of one million or more; and |
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(2) is primarily located in a county with a population |
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of 1.5 million or more. |
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(e) A municipality exempt from the application of |
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Subsection (c) under Subsection (d) may not impose a municipal |
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zoning ordinance governing public schools on an open-enrollment |
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charter school that: |
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(1) was located in the municipality on September 1, |
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2017; or |
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(2) was planned for a location in the municipality |
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before September 1, 2017, provided that: |
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(A) one or more licenses, certificates, permits, |
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approvals, or other forms of authorization by the municipality were |
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required by law for the planned location; and |
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(B) a completed application for the initial |
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authorization was filed with the municipality before September 1, |
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2017. |
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(f) For purposes of Subsection (e)(2)(B), a completed |
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application is filed if the application includes all documents and |
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other information designated as required by the municipality in a |
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written notice to the applicant. |
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SECTION 2. This Act takes effect September 1, 2017. |