88R225 MLH-D
 
  By: Johnson S.B. No. 90
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an application for the establishment of a new
  open-enrollment charter school campus or site.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.1101, Education Code, is amended to
  read as follows:
         Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION [OR
  ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a
  procedure for providing notice to the following persons on receipt
  by the commissioner of an application for a charter for an
  open-enrollment charter school under Section 12.110 [or of notice
  of the establishment of a campus as authorized under Section
  12.101(b-4)]:
               (1)  the superintendent and the board of trustees of
  each school district from which the proposed open-enrollment
  charter school [or campus] is likely to draw students, as
  determined by the commissioner; and
               (2)  each member of the legislature that represents the
  geographic area to be served by the proposed school [or campus], as
  determined by the commissioner.
         SECTION 2.  Section 12.114, Education Code, is amended by
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  Not later than the 60th day after the date that a charter
  holder submits to the commissioner a completed request for approval
  for an expansion amendment, as defined by commissioner rule,
  [including a new school amendment,] the commissioner shall provide
  to the charter holder written notice of approval or disapproval of
  the amendment.
         (c-1)  This section does not apply to an application for the
  establishment of a new open-enrollment charter school campus or
  site under Section 12.1142.
         SECTION 3.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Section 12.1142 to read as follows:
         Sec. 12.1142.  APPLICATION FOR ESTABLISHMENT OF NEW
  OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE. (a) A charter
  holder may submit to the commissioner an application to establish a
  new open-enrollment charter school campus or site as provided by
  this section.  The application must include the zip code of the
  proposed campus or site.
         (b)  As soon as practicable after an application for a new
  campus or site is submitted, the agency shall prepare a report that
  includes a fiscal note estimating the total cost to the state and
  the potential revenue loss for each affected school district for
  the 10-year period following the establishment of the proposed
  campus or site.
         (c)  The commissioner shall post to the agency's Internet
  website each application received under this section along with the
  report prepared under Subsection (b) for that application and shall
  provide notice of each application and a copy of the report to:
               (1)  the superintendent and the board of trustees of
  each school district from which the proposed campus or site is
  likely to draw students, as determined by the commissioner; and
               (2)  each member of the legislature that represents the
  geographic area to be served by the proposed campus or site, as
  determined by the commissioner.
         (d)  Not sooner than 60 days after notice of an application
  and a report prepared for that application are posted to the
  agency's Internet website and provided to the persons listed under
  Subsection (c), the commissioner shall submit to the State Board of
  Education any application the commissioner proposes to approve and:
               (1)  the report prepared under Subsection (b); and
               (2)  any impact statements submitted to the
  commissioner by a school district whose enrollment is likely to be
  affected by the proposed campus or site.
         (e)  Unless, before the 90th day after the date on which the
  State Board of Education receives an application proposing to
  establish a new open-enrollment charter school campus or site, a
  majority of the members of the board present and voting vote against
  the charter holder's proposal, the application is approved and the
  charter holder's proposal takes effect.
         (f)  The commissioner shall adopt rules regarding the
  consideration of applications under this section that:
               (1)  allow a charter holder to submit an application at
  least 18 months before the date proposed for the establishment of
  the proposed campus or site; and
               (2)  provide for the consideration and approval or
  disapproval of each application by the commissioner and the State
  Board of Education only during even-numbered years.
         SECTION 4.  Sections 12.101(b-4) and (b-10), Education Code,
  are repealed.
         SECTION 5.  The changes in law made by this Act apply only to
  an application for the establishment of a new open-enrollment
  charter school campus or site received by the commissioner of
  education on or after 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.