88R3503 DIO-F
 
  By: Klick, et al. H.B. No. 1707
 
 
 
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, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d), (d-1), (d-2),
  (d-3), and (d-4) 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)  a [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.
         (d)  A political subdivision shall consider an
  open-enrollment charter school a school district for purposes of
  zoning, project permitting, platting and replatting processes,
  business licensing, franchises, utility services, signage,
  subdivision regulation, property development projects, the
  requirements for posting bonds or securities, contract
  requirements, land development standards as provided by Section
  212.902, Local Government Code, tree and vegetation regulations,
  regulations of architectural features of a structure, construction
  of fences, landscaping, garbage disposal, noise levels, fees or
  other assessments, and construction or site development work.  An
  open-enrollment charter school does not have the power of eminent
  domain.
         (d-1)  A political subdivision may not take any action that
  prohibits an open-enrollment charter school from operating a public
  school campus, educational support facility, athletic facility, or
  administrative office within the political subdivision's
  jurisdiction or on any specific property located within the
  jurisdiction of the political subdivision that it could not take
  against a school district. A political subdivision shall grant
  approval in the same manner and follow the same timelines as if the
  charter school were a school district located in that political
  subdivision's jurisdiction.
         (d-2)  This section applies to both owned and leased property
  of the open-enrollment charter school under Section 12.128.
         (d-3)  Except as provided by this section, this section does
  not affect the authority granted by state law to a political
  subdivision to regulate an open-enrollment charter school
  regarding health and safety ordinances.
         (d-4)  In this section, "political subdivision" does not
  include a school district.
         SECTION 2.  Section 212.902, Local Government Code, is
  amended to read as follows:
         Sec. 212.902.  SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
  SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
  agreement [agreements] between a school district or
  open-enrollment charter school [districts] and a [any]
  municipality which has annexed territory for limited purposes.
         (b)  On request by a school district or open-enrollment
  charter school, a municipality shall enter an agreement with the
  board of trustees of the school district or the governing body of
  the open-enrollment charter school to establish review fees, review
  periods, and land development standards ordinances and to provide
  alternative water pollution control methodologies for school
  buildings constructed by the school district or open-enrollment
  charter school. The agreement shall include a provision exempting
  the district or charter school from all land development ordinances
  in cases where the district or charter school is adding temporary
  classroom buildings on an existing school campus.
         (c)  If the municipality and the school district or
  open-enrollment charter school do not reach an agreement on or
  before the 120th day after the date on which the municipality
  receives the district's or charter school's request for an
  agreement, proposed agreements by the [school] district or charter
  school and the municipality shall be submitted to an independent
  arbitrator appointed by the presiding district judge whose
  jurisdiction includes the [school] district or charter school. The
  arbitrator shall, after a hearing at which both the [school]
  district or charter school and the municipality make presentations
  on their proposed agreements, prepare an agreement resolving any
  differences between the proposals. The agreement prepared by the
  arbitrator will be final and binding upon both the [school]
  district or charter school and the municipality. The cost of the
  arbitration proceeding shall be borne equally by the [school]
  district or charter school and the municipality.
         (d)  A school district or open-enrollment charter school
  that requests an agreement under this section, at the time the
  district or charter school [it] makes the request, shall send a copy
  of the request to the commissioner of education. At the end of the
  120-day period, the requesting district or charter school shall
  report to the commissioner the status or result of negotiations
  with the municipality. A municipality may send a separate status
  report to the commissioner. The district or charter school shall
  send to the commissioner a copy of each agreement between the
  district or charter school and a municipality under this section.
         (e)  In this section:
               (1)  [,] "Land [land] development standards" includes
  impervious cover limitations, building setbacks, floor to area
  ratios, building heights and coverage, water quality controls,
  landscaping, development setbacks, compatibility standards,
  traffic analyses, including traffic impact analyses, parking
  requirements, signage requirements, and driveway cuts, if
  applicable.
               (2)  "Open-enrollment charter school" means a school
  granted a charter under Subchapter C, D, or E, Chapter 12, Education
  Code.
         (f)  Nothing in this section shall be construed to limit the
  applicability of or waive fees for fire, safety, health, or
  building code ordinances of the municipality prior to or during
  construction of school buildings, nor shall any agreement waive any
  fee or modify any ordinance of a municipality for an
  administration, service, or athletic facility proposed for
  construction by a school district or open-enrollment charter
  school.
         SECTION 3.  Section 552.053(b), Local Government Code, is
  amended to read as follows:
         (b)  The following may be exempt:
               (1)  this state;
               (2)  a county;
               (3)  a municipality; or
               (4)  [a] school districts and open-enrollment charter
  schools [district].
         SECTION 4.  Section 12.103(c), Education Code, is repealed.
         SECTION 5.  An exemption granted to a school district under
  Section 552.053(b)(4), Local Government Code, as that subdivision
  existed before the effective date of this Act, automatically
  extends to all open-enrollment charter schools located in the
  municipality after the effective date of this Act unless the
  municipality repeals the exemption before the effective date of
  this Act.
         SECTION 6.  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, 2023.