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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale, lease, or use of an unused or underused school |
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district facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.1542, Education Code, is amended to |
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read as follows: |
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Sec. 11.1542. [OPEN-ENROLLMENT CHARTER SCHOOL] OFFER FOR |
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DISTRICT FACILITY. (a) The board of trustees of an independent |
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school district that intends to sell, lease, or allow use for a |
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purpose other than a district purpose of an unused or underused |
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district facility must give [each] any public school district, |
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open-enrollment charter school, or private school approved to |
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operate in this state [located wholly or partly within the |
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boundaries of the district] the opportunity to make an offer to |
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purchase, lease, or use the facility, as applicable, in response to |
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any terms established by the board of trustees, before offering the |
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facility for sale or lease or to any other specific entity. |
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(b) Before selling or leasing a district facility, the board |
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of trustees of an independent school district must obtain an |
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appraisal report for the facility dated within 12 months of the date |
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the board offers the facility for sale or lease. |
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(c) During the first 90 days a facility is offered for sale |
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or lease, the board of trustees may only accept offers from a public |
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school district, open-enrollment charter school, or private |
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school. The board of trustees must accept the best offer that meets |
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or exceeds the appraised value of the facility. |
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(d) If no qualifying offers are received during the first 90 |
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days, the board of trustees may offer the facility for sale or lease |
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to the general public. |
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(e) If the board of trustees accepts an offer under |
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subsection (d), the board must: |
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(1) provide each public school district, |
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open-enrollment charter school, or private school that submitted an |
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offer under subsection (c) 14 days to submit a revised offer |
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matching or exceeding the selected offer's material financial |
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terms, including price and payment terms; and |
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(2) accept the best revised offer submitted under |
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subsection (e)(1). |
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[(b) This section does not require the board of trustees of |
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a school district to accept an offer made by an open-enrollment |
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charter school.] |
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SECTION 2. This Act takes effect September 1, 2025. |