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A BILL TO BE ENTITLED
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AN ACT
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relating to instructional facilities funding for certain |
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open-enrollment charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.106, Education Code, is amended by |
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amending Subsections (d) and (f) and adding Subsections (e-1) and |
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(f-1) to read as follows: |
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(d) Subject to Subsections [Subsection] (e) and (e-1), in |
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addition to other amounts provided by this section, a charter |
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holder is entitled to receive, for the open-enrollment charter |
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school, an annual allotment [funding] per student in average daily |
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attendance [in an amount] equal to [the guaranteed level of state |
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and local funds per student per cent of tax effort under Section |
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46.032(a) multiplied by] the lesser of: |
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(1) the state average interest and sinking fund tax |
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rate imposed by school districts for the current year multiplied by |
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the guaranteed level of state and local funds per student per cent |
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of tax effort under Section 46.032(a); or |
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(2) the maximum amount of the basic allotment provided |
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under Section 48.051 for the applicable school year multiplied by |
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0.06 [a rate that would result in a total amount to which charter |
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schools are entitled under this subsection for the current year |
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equal to $60 million]. |
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(e-1) A charter holder is entitled to receive funding under |
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Subsection (d) for an open-enrollment charter school only if the |
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governing body of the school annually certifies in writing to the |
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agency that none of the following derives any financial benefit |
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from a real estate transaction with the school: |
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(1) an administrator, officer, or employee of the |
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school; |
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(2) a member of the governing body of the school or its |
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charter holder; or |
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(3) a person related within the third degree by |
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consanguinity or second degree by affinity, as determined under |
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Chapter 573, Government Code, to a person described by Subdivision |
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(1) or (2). |
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(f) Funds received by a charter holder under Subsection (d) |
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may only be used: |
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(1) to lease an instructional facility; |
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(2) to pay property taxes imposed on an instructional |
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facility; |
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(3) to pay debt service on bonds issued to finance an |
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instructional facility; [or] |
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(4) for any other purpose related to the purchase, |
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lease, sale, acquisition, or maintenance of an instructional |
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facility; |
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(5) to purchase or pay debt service on bonds issued to |
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finance the purchase of school buses; |
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(6) to purchase or pay debt service on bonds issued to |
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finance the acquisition or update of technology equipment used to |
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support instruction; |
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(7) to pay debt service on bonds issued to improve |
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school safety and security in accordance with the requirements of |
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Section 37.351; or |
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(8) to pay debt service on bonds issued to finance the |
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construction, acquisition, or equipment of performing arts |
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facilities or athletic facilities, other than a stadium with |
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seating capacity for more than 1,000 spectators. |
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(f-1) The governing body of an open-enrollment charter |
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school must comply with Chapter 551, Government Code, when |
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considering the issuance of bonds. |
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SECTION 2. This Act takes effect September 1, 2025. |