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A BILL TO BE ENTITLED
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AN ACT
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relating to the review, audit, and oversight of the Texas Education |
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Agency's administration of open-enrollment charter schools by the |
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Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 325, Government Code, is amended by |
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adding Section 325.027 to read as follows: |
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Sec. 325.027. REVIEW OF OPEN-ENROLLMENT CHARTER SCHOOLS. |
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(a) In 2026 and every third year after that year, the commission |
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shall conduct a comprehensive forensic and performance audit of all |
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institutional functions, programs, and operations of contracts, |
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grants, and administration at the Texas Education Agency relating |
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to its administration and oversight of open-enrollment charter |
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schools. |
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(b) The audit shall identify and prepare for a report: |
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(1) all unallowable expenses, including payments, |
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purchases, administrative and executive compensation, salary |
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transactions, and contracted services and efficiency improvements |
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to administration and oversight functions. The report shall |
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contain the total compensation of the district superintendent and |
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other district governance including bonuses, awards, one-time |
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compensation, and any other contributions. |
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(2) each real property owned or leased by |
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open-enrollment charter schools, including ownership of the |
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property, whether the property includes an instructional facility, |
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information on each lease or mortgage agreement and the aggregate |
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annual and prior five-year amount of any related party payment |
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under each lease or mortgage agreement, information about the |
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amount and terms of each charter school's bonds and debt service, |
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whether a bond is backed by a guarantee from the Permanent School |
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Fund, current underlying rating of each bond backed by the Bond |
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Guarantee Program, and the aggregate amount of charter schools' |
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outstanding bonds; |
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(3) each charter school management company that |
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provides management services to an open-enrollment charter school. |
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The report shall contain the company's name, address, names of |
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officers including chief financial officer, and method of |
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calculation and amount of annual payment by each charter school to |
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each management company and affiliated company; |
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(4) all state funds, grants, or public resources used |
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for marketing, advertising, or sponsorship purchases. The report |
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shall contain open-enrollment charter school expenditures on |
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digital, print, radio, television, and social media |
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advertisements. The report shall contain sponsorship agreements |
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between the charter school and any private entity, including |
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payments made for naming rights, endorsements, and promotional |
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partnerships, |
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(5) conflicts of interest including whether a member |
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of the governing body of an open-enrollment charter school has a |
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substantial interest in a business entity as described by Section |
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171.002, Local Government Code, that contracts with the school. |
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(c) The commission shall prepare and provide the audit |
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report, including all related findings, by September 1, 2026. The |
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report shall be provided to the Speaker of the House, Lieutenant |
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Governor, House Appropriations Committee, the Senate Finance |
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Committee, and the House Delivery of Government Efficiency |
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Committee. |
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(d) The commission shall publish the audit report on its |
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official website no later than the 45th day after the audit's |
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completion. Each summary must remain publicly accessible for at |
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least five years and exclude information classified as confidential |
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or security-sensitive under state law. |
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(e) If the audit conducted under this section identifies |
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financial mismanagement, waste, fraud, or noncompliance with state |
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law, the Texas Education Agency shall: |
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(1) Develop and implement a corrective action plan |
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within 90 days; |
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(2) Submit progress reports every six months to the |
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commission and Legislative Budget Board until all deficiencies are |
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resolved. |
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(f) Open-enrollment charter schools reviewed by the |
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commission under this section are not subject to abolition. |
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SECTION 2. This Act takes effect September 1, 2025. |