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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 12.1058(c), Education Code, is amended |
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to read as 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: |
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(1) the applicable statute specifically states that |
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the statute applies to an open-enrollment charter school; or |
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(2) a provision in this chapter states that a specific |
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statute applies to an open-enrollment charter school. |
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SECTION 2. Chapter 617, Government Code, is amended by |
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adding Section 617.0025 to read as follows: |
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Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT |
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CHARTER SCHOOL. (a) An open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code, is a |
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political subdivision for purposes of this chapter. |
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(b) A member of the governing body of a charter holder, a |
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member of the governing body of an open-enrollment charter school, |
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and an officer of an open-enrollment charter school are considered |
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to be officials of a political subdivision and an employee of an |
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open-enrollment charter school is considered to be a public |
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employee under this chapter. |
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SECTION 3. With respect to Section 617.0025, Government |
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Code, as added by this Act, if an open-enrollment charter school |
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entered into a collective bargaining contract with a labor |
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organization before the effective date of this Act, Chapter 617, |
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Government Code, does not apply during the term of that contract. A |
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collective bargaining contract entered into before the effective |
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date of this Act may not be renewed. |
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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. |