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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(a), Education Code, is amended |
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to read as follows: |
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(a) An open-enrollment charter school is considered to be: |
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(1) a local government for purposes of Chapter 791, |
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Government Code; |
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(2) a local government for purposes of Chapter 2259, |
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Government Code, except that an open-enrollment charter school may |
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not issue public securities as provided by Section 2259.031(b), |
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Government Code; |
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(3) a political subdivision for purposes of Chapter |
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172, Local Government Code; [and] |
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(4) a local governmental entity for purposes of |
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Subchapter I, Chapter 271, Local Government Code; |
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(5) a political subdivision for purposes of Section |
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16.061, Civil Practice and Remedies Code, with respect to any |
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property purchased, leased, constructed, renovated, or improved |
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with state funds under Section 12.128 of this code after September |
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1, 2001; and |
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(6) a political subdivision for purposes of Section |
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11.11, Tax Code. |
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SECTION 2. Sections 12.128(a) and (a-1), Education Code, |
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are amended to read as follows: |
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(a) Property purchased with funds received by a charter |
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holder under Section 12.106 after September 1, 2001: |
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(1) is considered to be public property for all |
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purposes under state law; |
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(2) is property of this state held in trust by the |
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charter holder for the benefit of the students of the |
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open-enrollment charter school; [and] |
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(3) may be used only for a purpose for which a school |
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district may use school district property; and |
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(4) is exempt from ad valorem taxation as provided by |
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Section 11.11, Tax Code. |
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(a-1) Property leased with funds received by a charter |
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holder under Section 12.106 after September 1, 2001: |
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(1) is considered to be public property for all |
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purposes under state law; |
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(2) is property of this state held in trust by the |
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charter holder for the benefit of the students of the |
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open-enrollment charter school; [and] |
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(3) may be used only for a purpose for which a school |
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district may use school district property; and |
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(4) is exempt from ad valorem taxation as provided by |
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Section 11.11, Tax Code. |
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SECTION 3. This Act takes effect September 1, 2021. |