| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the applicability of certain laws to open-enrollment |
|
|
charter schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.1058(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) Notwithstanding Subsection (a) or (b), an |
|
|
open-enrollment charter school operated by a tax exempt entity as |
|
|
described by Section 12.101(a)(3) is not considered to be a |
|
|
political subdivision, local government, or local governmental |
|
|
entity unless: |
|
|
(1) the applicable statute specifically states that |
|
|
the statute applies to an open-enrollment charter school; or |
|
|
(2) a provision in this chapter states that a specific |
|
|
statute applies to an open-enrollment charter school. |
|
|
SECTION 2. Chapter 617, Government Code, is amended by |
|
|
adding Section 617.0025 to read as follows: |
|
|
Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT |
|
|
CHARTER SCHOOL. (a) An open-enrollment charter school established |
|
|
under Subchapter D, Chapter 12, Education Code, is a political |
|
|
subdivision for purposes of this chapter. |
|
|
(b) A member of the governing body of a charter holder, a |
|
|
member of the governing body of an open-enrollment charter school, |
|
|
and an officer of an open-enrollment charter school are considered |
|
|
to be officials of a political subdivision and an employee of an |
|
|
open-enrollment charter school is considered to be a public |
|
|
employee under this chapter. |
|
|
SECTION 3. With respect to Section 617.0025, Government |
|
|
Code, as added by this Act, if an open-enrollment charter school |
|
|
entered into a collective bargaining contract with a labor |
|
|
organization before the effective date of this Act, Chapter 617, |
|
|
Government Code, does not apply during the term of that contract. A |
|
|
collective bargaining contract entered into before the effective |
|
|
date of this Act may not be renewed. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |