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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, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In adopting or enforcing ordinances for purposes of |
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zoning, permitting, code compliance, and development, a |
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municipality may not treat an open-enrollment charter school |
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differently than a school district. |
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SECTION 2. The heading to Section 212.902, Local Government |
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Code, is amended to read as follows: |
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Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER |
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SCHOOL LAND DEVELOPMENT STANDARDS. |
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SECTION 3. Sections 212.902(a), (b), (c), (d), and (f), |
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Local Government Code, are amended to read as follows: |
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(a) This section applies to an agreement [agreements] |
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between a school district or open-enrollment charter school |
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[districts] and a [any] municipality which has annexed territory |
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for limited purposes. |
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(b) On request by a school district or open-enrollment |
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charter school, a municipality shall enter an agreement with the |
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board of trustees of the school district or the governing body of |
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the open-enrollment charter school to establish review fees, review |
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periods, and land development standards ordinances and to provide |
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alternative water pollution control methodologies for school |
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buildings constructed by the school district or open-enrollment |
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charter school. The agreement shall include a provision exempting |
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the district or charter school from all land development ordinances |
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in cases where the district or charter school is adding temporary |
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classroom buildings on an existing school campus. |
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(c) If the municipality and the school district or |
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open-enrollment charter school do not reach an agreement on or |
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before the 120th day after the date on which the municipality |
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receives the district's or charter school's request for an |
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agreement, proposed agreements by the [school] district or charter |
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school and the municipality shall be submitted to an independent |
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arbitrator appointed by the presiding district judge whose |
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jurisdiction includes the [school] district or charter school. The |
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arbitrator shall, after a hearing at which both the [school] |
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district or charter school and the municipality make presentations |
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on their proposed agreements, prepare an agreement resolving any |
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differences between the proposals. The agreement prepared by the |
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arbitrator will be final and binding upon both the [school] |
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district or charter school and the municipality. The cost of the |
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arbitration proceeding shall be borne equally by the [school] |
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district or charter school and the municipality. |
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(d) A school district or open-enrollment charter school |
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that requests an agreement under this section, at the time the |
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district or charter school [it] makes the request, shall send a copy |
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of the request to the commissioner of education. At the end of the |
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120-day period, the requesting district or charter school shall |
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report to the commissioner the status or result of negotiations |
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with the municipality. A municipality may send a separate status |
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report to the commissioner. The district or charter school shall |
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send to the commissioner a copy of each agreement between the |
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district or charter school and a municipality under this section. |
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(f) Nothing in this section shall be construed to limit the |
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applicability of or waive fees for fire, safety, health, or |
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building code ordinances of the municipality prior to or during |
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construction of school buildings, nor shall any agreement waive any |
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fee or modify any ordinance of a municipality for an |
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administration, service, or athletic facility proposed for |
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construction by a school district or open-enrollment charter |
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school. |
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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. |
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