Texas 2011 - 82nd Regular

Texas House Bill HB3026 Compare Versions

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1	1	82R23009 PAM-F
2	2	By: Weber H.B. No. 3026
3	3	Substitute the following for H.B. No. 3026:
4	4	By: Guillen C.S.H.B. No. 3026
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the governance of home-rule school districts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.011, Education Code, is amended by
12	12	amending Subsection (b) and adding Subsections (c) and (d) to read
13	13	as follows:
14	14	(b) The adoption of a home-rule school district charter by a
15	15	school district does not affect:
16	16	(1) the district's boundaries; [or]
17	17	(2) taxes or bonds of the district authorized before
18	18	the effective date of the charter; or
19	19	(3) the governing structure of the district or the
20	20	campuses.
21	21	(c) A reference in this code or other law to:
22	22	(1) a home-rule school district means a home-rule
23	23	school district under this subchapter; and
24	24	(2) the governing body of a home-rule school district
25	25	means the board of trustees of a home-rule school district under
26	26	this subchapter.
27	27	(d) For purposes of applicable federal and state laws and
28	28	rules as provided by Sections 12.012 and 12.013:
29	29	(1) a home-rule school district has the same legal
30	30	status as any other school district; and
31	31	(2) a home-rule school district board of trustees has
32	32	the same legal status as the board of trustees of any other school
33	33	district.
34	34	SECTION 2. Section 12.013, Education Code, is amended by
35	35	amending Subsection (a) and adding Subsections (c) and (d) to read
36	36	as follows:
37	37	(a) A home-rule school district and a home-rule school
38	38	district board of trustees have [has] the powers and entitlements
39	39	granted to school districts and school district boards of trustees,
40	40	respectively, under this title and rules adopted under this title,
41	41	including taxing authority.
42	42	(c) A home-rule school district and a home-rule school
43	43	district board of trustees are subject to Subchapters A, C, D, and
44	44	E, Chapter 11, excluding Sections 11.1511(b)(5) and (14) and
45	45	Section 11.162. A reference in Chapter 11 to a statute that does
46	46	not otherwise apply to a home-rule school district, home-rule
47	47	school district board of trustees, or home-rule school district
48	48	employee does not by implication apply that statute to a home-rule
49	49	school district, home-rule district board of trustees, or home-rule
50	50	district employee.
51	51	(d) The home-rule school district board of trustees shall
52	52	make decisions relating to terminating the employment of district
53	53	employees employed under a contract.
54	54	SECTION 3. Subchapter B, Chapter 12, Education Code, is
55	55	amended by adding Section 12.0135 to read as follows:
56	56	Sec. 12.0135. UNIFORM NOTICE REQUIREMENTS. (a) In
57	57	addition to notice required under Chapter 551, Government Code, a
58	58	home-rule school district board of trustees shall provide notice
59	59	of:
60	60	(1) the appointment of a charter commission under
61	61	Section 12.014;
62	62	(2) each meeting of the charter commission under
63	63	Section 12.015; and
64	64	(3) the board meeting required under Section 12.0165.
65	65	(b) Notice under this section must be provided through:
66	66	(1) e-mail to media serving the district;
67	67	(2) posting notice on the school district's Internet
68	68	website, in the office of each school campus in the district, and in
69	69	the district's central administrative office; and
70	70	(3) e-mail to district employees and parents if
71	71	practicable.
72	72	SECTION 4. Section 12.014, Education Code, is amended to
73	73	read as follows:
74	74	Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board
75	75	of trustees of a school district shall appoint a charter commission
76	76	to frame a home-rule school district charter if:
77	77	(1) the board receives a petition requesting the
78	78	appointment of a charter commission [to frame a home-rule school
79	79	district charter] signed by at least five percent of the registered
80	80	voters of the district; or
81	81	(2) at least two-thirds of the total membership of the
82	82	board adopt a resolution ordering that a charter commission be
83	83	appointed.
84	84	SECTION 5. Section 12.015(c), Education Code, is amended to
85	85	read as follows:
86	86	(c) The charter commission must complete and recommend to
87	87	the school district board of trustees in the meeting under Section
88	88	12.0165 a proposed charter not later than the first anniversary of
89	89	the date of its appointment. The board may set an earlier deadline
90	90	to complete and recommend the proposed charter under this section.
91	91	After the commission makes its recommendation [that date], the
92	92	commission expires and the appointment under Section 12.014 is
93	93	void.
94	94	SECTION 6. Subchapter B, Chapter 12, Education Code, is
95	95	amended by adding Section 12.0165 to read as follows:
96	96	Sec. 12.0165. BOARD ADOPTION OF PROPOSED CHARTER. (a) Not
97	97	later than the 30th day after the date a school district board of
98	98	trustees receives a proposed charter from the charter commission,
99	99	the board shall hold an open meeting at which the charter commission
100	100	shall present the proposed charter to the board for approval. Any
101	101	community member, parent, student, or employee of the district may
102	102	be present and participate in the meeting.
103	103	(b) Not later than the 10th day or earlier than the 30th day
104	104	before the date of the open meeting, at least three copies of the
105	105	proposed charter must be available in the office of each school
106	106	campus in the district and in the school district's central
107	107	administrative office. A summary of the content of the proposed
108	108	charter must be attached to each copy. A copy of the proposed
109	109	charter and the summary must be posted on the district's Internet
110	110	website. Notice of the meeting as required under Section 12.0135
111	111	must include a statement of where and how copies of the proposed
112	112	charter may be obtained or viewed. The summary must be:
113	113	(1) made available to district employees, parents,
114	114	community members, and members of the media; and
115	115	(2) e-mailed to district employees and parents if
116	116	practicable.
117	117	(c) The school district board of trustees may amend the
118	118	proposed charter. The board must adopt any amendments and the
119	119	proposed charter, including any amendments adopted, by majority
120	120	vote of the board.
121	121	SECTION 7. Section 12.018, Education Code, is amended to
122	122	read as follows:
123	123	Sec. 12.018. LEGAL REVIEW. The school district board of
124	124	trustees [charter commission] shall submit the proposed charter to
125	125	the commissioner. As soon as practicable, but not later than the
126	126	30th day after the date the commissioner receives the proposed
127	127	charter, the commissioner shall review the proposed charter to
128	128	ensure that the proposed charter complies with any applicable laws
129	129	and shall recommend to the board [charter commission] any
130	130	modifications necessary. If the commissioner does not act within
131	131	the prescribed time, the proposed charter is approved.
132	132	SECTION 8. Sections 12.019(c) and (d), Education Code, are
133	133	amended to read as follows:
134	134	(c) At least three copies of the proposed charter must be
135	135	available in the office of each school campus in the district and in
136	136	[at] the district's central administrative office between the date
137	137	of the election order and election day. A copy of the proposed
138	138	charter and a summary of the content of the proposed charter must be
139	139	posted on the district's Internet website. Notice of the election
140	140	must include a statement of where and how copies of the proposed
141	141	charter may be obtained or viewed. The [A] summary of the content
142	142	of the proposed charter shall be attached to each copy. The summary
143	143	also shall be:
144	144	(1) made available to school district employees,
145	145	parents, community members, and members of the media; and
146	146	(2) e-mailed to district employees and parents if
147	147	practicable.
148	148	(d) The ballot shall be printed to permit voting for or
149	149	against the proposition "Whether the (name of school district)
150	150	School District shall be governed under the home-rule school
151	151	district charter, which is adopted [proposed by a charter
152	152	commission appointed] by the board of trustees and under which only
153	153	certain laws and rules apply to the district."
154	154	SECTION 9. Section 12.020(f), Education Code, is amended to
155	155	read as follows:
156	156	(f) At least three copies of the proposed charter amendment
157	157	must be available in the office of each school campus in the school
158	158	district and in the district's central administrative office
159	159	between the date of the election order and election day. A summary
160	160	of the content of the proposed charter amendment must be attached to
161	161	each copy. A copy of the proposed charter amendment and the summary
162	162	of the proposed charter amendment must be posted on the district's
163	163	Internet website. Notice of the election must include a
164	164	substantial copy of the proposed charter amendment and must include
165	165	a statement of where and how copies of the proposed charter
166	166	amendment may be obtained or viewed. The summary must be:
167	167	(1) made available to district employees, parents,
168	168	community members, and members of the media; and
169	169	(2) e-mailed to district employees and parents if
170	170	practicable.
171	171	SECTION 10. Section 12.023(a), Education Code, is amended
172	172	to read as follows:
173	173	(a) As soon as practicable after [a school district adopts]
174	174	a home-rule school district charter or charter amendment is
175	175	adopted, the president of the school district board of trustees
176	176	shall certify to the secretary of state a copy of the charter or
177	177	amendment showing the approval by the voters of the district.
178	178	SECTION 11. Section 12.030(g), Education Code, is amended
179	179	to read as follows:
180	180	(g) The rescission takes effect on a date established by
181	181	resolution of the governing body but not later than the beginning of
182	182	the following school year [90th day] after the date of an election
183	183	held under this section at which [rescission of the charter is
184	184	approved and at which] the number of registered voters required
185	185	under Subsection (f) vote. As soon as practicable after that
186	186	election, the governing body shall notify the commissioner and the
187	187	secretary of state of the results of the election and of the
188	188	effective date of the rescission.
189	189	SECTION 12. The following provisions of the Education Code
190	190	are repealed:
191	191	(1) Section 12.017;
192	192	(2) Section 12.020(j);
193	193	(3) Section 12.025; and
194	194	(4) Section 12.026.
195	195	SECTION 13. This Act takes effect immediately if it
196	196	receives a vote of two-thirds of all the members elected to each
197	197	house, as provided by Section 39, Article III, Texas Constitution.
198	198	If this Act does not receive the vote necessary for immediate
199	199	effect, this Act takes effect September 1, 2011.