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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 12.104(b), Education Code, as amended by |
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Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
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2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
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Session, 2021, is reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29, except class size limits for prekindergarten |
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classes imposed under Section 25.112, which do not apply; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) the provisions of Subchapter A, Chapter 39; |
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(M) public school accountability and special |
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investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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39, and Chapter 39A; |
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(N) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(O) intensive programs of instruction under |
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Section 28.0213; |
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(P) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(Q) bullying prevention policies and procedures |
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under Section 37.0832; |
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(R) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(S) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(T) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(U) establishment of residency under Section |
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25.001; |
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(V) school safety requirements under Sections |
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37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, |
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37.207, and 37.2071; |
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(W) the early childhood literacy and mathematics |
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proficiency plans under Section 11.185; |
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(X) the college, career, and military readiness |
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plans under Section 11.186; [and] |
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(Y) [(X)] parental options to retain a student |
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under Section 28.02124; and |
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(Z) establishing a local school health advisory |
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council in which members are appointed by the governing body of the |
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school and health education instruction complies with Section |
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28.004. |
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SECTION 2. Section 12.1058, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (d-1), (d-2), |
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(d-3), and (d-4) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), an |
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open-enrollment charter school operated by a tax exempt entity as |
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described by Section 12.101(a)(3) is not considered to be a |
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political subdivision, local government, or local governmental |
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entity unless: |
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(1) a [the applicable] statute specifically states |
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that the statute applies to an open-enrollment charter school; or |
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(2) a provision in this chapter states that a specific |
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statute applies to an open-enrollment charter school. |
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(d) A political subdivision shall consider an |
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open-enrollment charter school a school district for purposes of |
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zoning, project permitting, platting and replatting processes, |
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business licensing, franchises, utility services, signage, |
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subdivision regulation, property development projects, the |
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requirements for posting bonds or securities, contract |
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requirements, land development standards as provided by Section |
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212.902, Local Government Code, tree and vegetation regulations, |
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regulations of architectural features of a structure, construction |
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of fences, landscaping, garbage disposal, noise levels, fees or |
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other assessments, and construction or site development work. An |
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open-enrollment charter school does not have the power of eminent |
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domain. |
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(d-1) A political subdivision may not take any action that |
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prohibits an open-enrollment charter school from operating a public |
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school campus, educational support facility, athletic facility, or |
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administrative office within the political subdivision's |
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jurisdiction or on any specific property located within the |
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jurisdiction of the political subdivision that it could not take |
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against a school district. A political subdivision shall grant |
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approval in the same manner and follow the same timelines as if the |
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charter school were a school district located in that political |
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subdivision's jurisdiction. |
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(d-2) This section applies to both owned and leased property |
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of the open-enrollment charter school under Section 12.128. |
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(d-3) Except as provided by this section, this section does |
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not affect the authority granted by state law to a political |
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subdivision to regulate an open-enrollment charter school |
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regarding health and safety ordinances. |
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(d-4) In this section, "political subdivision" does not |
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include a school district. |
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SECTION 3. Section 212.902, Local Government Code, is |
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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. (a) This section applies to an |
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agreement [agreements] between a school district or |
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open-enrollment charter school [districts] and a [any] |
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municipality which has annexed territory 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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(e) In this section: |
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(1) [,] "Land [land] development standards" includes |
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impervious cover limitations, building setbacks, floor to area |
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ratios, building heights and coverage, water quality controls, |
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landscaping, development setbacks, compatibility standards, |
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traffic analyses, including traffic impact analyses, parking |
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requirements, signage requirements, and driveway cuts, if |
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applicable. |
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(2) "Open-enrollment charter school" means a school |
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granted a charter under Subchapter C, D, or E, Chapter 12, Education |
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Code. |
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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 552.053(b), Local Government Code, is |
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amended to read as follows: |
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(b) The following may be exempt: |
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(1) this state; |
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(2) a county; |
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(3) a municipality; or |
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(4) [a] school districts and open-enrollment charter |
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schools [district]. |
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SECTION 5. Section 12.103(c), Education Code, is repealed. |
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SECTION 6. An exemption granted to a school district under |
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Section 552.053(b)(4), Local Government Code, as that subdivision |
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existed before the effective date of this Act, automatically |
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extends to all open-enrollment charter schools located in the |
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municipality after the effective date of this Act unless the |
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municipality repeals the exemption before the effective date of |
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this Act. |
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SECTION 7. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 8. 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, 2023. |
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* * * * * |