82R10374 VOO-F
By: Aycock H.B. No. 2877
A BILL TO BE ENTITLED
AN ACT
relating to required sale or lease of unused or underutilized
school district facilities to charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.1542 to read as follows:
Sec. 11.1542. REQUIRED SALE OR LEASE OF UNUSED OR
UNDERUTILIZED FACILITIES TO CHARTER SCHOOLS. (a) This subsection
applies only to a school district facility or portion of a district
facility that has been identified by the commissioner in accordance
with commissioner rule adopted under Subsection (b) as being unused
or underutilized by the district. If the charter holder of an
open-enrollment charter school makes a written offer to a district
to lease or purchase, for use by the open-enrollment charter
school, a district facility or portion of a district facility
identified as being unused or underutilized, the district must
lease or sell, as applicable, the facility or portion of the
facility to the charter holder for use by the open-enrollment
charter school. The lease or sale price must be at or below fair
market value and on other terms agreed to by the charter holder and
district board of trustees.
(b) For purposes of Subsection (a), the commissioner shall
by rule adopt a procedure and criteria for determining whether a
school district facility or a portion of a district facility is
unused or underutilized by the district. Each year, the
commissioner shall, using the procedure and criteria adopted,
identify for each district any district facility or portion of a
district facility that is unused or underutilized. Each year, the
agency shall post on the agency's Internet website a list of each
district's unused or underutilized facilities and portions of
facilities. At the request of an open-enrollment charter school, a
district shall provide to the charter school a list of unused and
underutilized district facilities and portions of district
facilities as identified by the commissioner.
(c) A school district may not require a campus or campus
program that has been granted a charter under Subchapter C and that
is the result of the conversion of the status of an existing school
district campus to pay rent or to purchase the campus facility in
order to use the facility.
(d) A school district may not require a campus or campus
program described by Subsection (c) or an open-enrollment charter
school to pay for any services provided by the district under a
contract between the district and the campus, campus program, or
open-enrollment charter school an amount greater than the amount of
the actual costs to the district of providing the services.
SECTION 2. This Act applies only to a contract entered into
by a school district and a charter school on or after the effective
date of this Act. A contract entered into between a school district
and a charter school before the effective date of this Act is
governed by the law in effect on the date the contract is entered
into, and that law is continued in effect for that purpose.
SECTION 3. 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, 2011.