82R23009 PAM-F
By: Weber H.B. No. 3026
Substitute the following for H.B. No. 3026:
By: Guillen C.S.H.B. No. 3026
A BILL TO BE ENTITLED
AN ACT
relating to the governance of home-rule school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.011, Education Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) The adoption of a home-rule school district charter by a
school district does not affect:
(1) the district's boundaries; [or]
(2) taxes or bonds of the district authorized before
the effective date of the charter; or
(3) the governing structure of the district or the
campuses.
(c) A reference in this code or other law to:
(1) a home-rule school district means a home-rule
school district under this subchapter; and
(2) the governing body of a home-rule school district
means the board of trustees of a home-rule school district under
this subchapter.
(d) For purposes of applicable federal and state laws and
rules as provided by Sections 12.012 and 12.013:
(1) a home-rule school district has the same legal
status as any other school district; and
(2) a home-rule school district board of trustees has
the same legal status as the board of trustees of any other school
district.
SECTION 2. Section 12.013, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A home-rule school district and a home-rule school
district board of trustees have [has] the powers and entitlements
granted to school districts and school district boards of trustees,
respectively, under this title and rules adopted under this title,
including taxing authority.
(c) A home-rule school district and a home-rule school
district board of trustees are subject to Subchapters A, C, D, and
E, Chapter 11, excluding Sections 11.1511(b)(5) and (14) and
Section 11.162. A reference in Chapter 11 to a statute that does
not otherwise apply to a home-rule school district, home-rule
school district board of trustees, or home-rule school district
employee does not by implication apply that statute to a home-rule
school district, home-rule district board of trustees, or home-rule
district employee.
(d) The home-rule school district board of trustees shall
make decisions relating to terminating the employment of district
employees employed under a contract.
SECTION 3. Subchapter B, Chapter 12, Education Code, is
amended by adding Section 12.0135 to read as follows:
Sec. 12.0135. UNIFORM NOTICE REQUIREMENTS. (a) In
addition to notice required under Chapter 551, Government Code, a
home-rule school district board of trustees shall provide notice
of:
(1) the appointment of a charter commission under
Section 12.014;
(2) each meeting of the charter commission under
Section 12.015; and
(3) the board meeting required under Section 12.0165.
(b) Notice under this section must be provided through:
(1) e-mail to media serving the district;
(2) posting notice on the school district's Internet
website, in the office of each school campus in the district, and in
the district's central administrative office; and
(3) e-mail to district employees and parents if
practicable.
SECTION 4. Section 12.014, Education Code, is amended to
read as follows:
Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board
of trustees of a school district shall appoint a charter commission
to frame a home-rule school district charter if:
(1) the board receives a petition requesting the
appointment of a charter commission [to frame a home-rule school
district charter] signed by at least five percent of the registered
voters of the district; or
(2) at least two-thirds of the total membership of the
board adopt a resolution ordering that a charter commission be
appointed.
SECTION 5. Section 12.015(c), Education Code, is amended to
read as follows:
(c) The charter commission must complete and recommend to
the school district board of trustees in the meeting under Section
12.0165 a proposed charter not later than the first anniversary of
the date of its appointment. The board may set an earlier deadline
to complete and recommend the proposed charter under this section.
After the commission makes its recommendation [that date], the
commission expires and the appointment under Section 12.014 is
void.
SECTION 6. Subchapter B, Chapter 12, Education Code, is
amended by adding Section 12.0165 to read as follows:
Sec. 12.0165. BOARD ADOPTION OF PROPOSED CHARTER. (a) Not
later than the 30th day after the date a school district board of
trustees receives a proposed charter from the charter commission,
the board shall hold an open meeting at which the charter commission
shall present the proposed charter to the board for approval. Any
community member, parent, student, or employee of the district may
be present and participate in the meeting.
(b) Not later than the 10th day or earlier than the 30th day
before the date of the open meeting, at least three copies of the
proposed charter must be available in the office of each school
campus in the district and in the school district's central
administrative office. A summary of the content of the proposed
charter must be attached to each copy. A copy of the proposed
charter and the summary must be posted on the district's Internet
website. Notice of the meeting as required under Section 12.0135
must include a statement of where and how copies of the proposed
charter may be obtained or viewed. The summary must be:
(1) made available to district employees, parents,
community members, and members of the media; and
(2) e-mailed to district employees and parents if
practicable.
(c) The school district board of trustees may amend the
proposed charter. The board must adopt any amendments and the
proposed charter, including any amendments adopted, by majority
vote of the board.
SECTION 7. Section 12.018, Education Code, is amended to
read as follows:
Sec. 12.018. LEGAL REVIEW. The school district board of
trustees [charter commission] shall submit the proposed charter to
the commissioner. As soon as practicable, but not later than the
30th day after the date the commissioner receives the proposed
charter, the commissioner shall review the proposed charter to
ensure that the proposed charter complies with any applicable laws
and shall recommend to the board [charter commission] any
modifications necessary. If the commissioner does not act within
the prescribed time, the proposed charter is approved.
SECTION 8. Sections 12.019(c) and (d), Education Code, are
amended to read as follows:
(c) At least three copies of the proposed charter must be
available in the office of each school campus in the district and in
[at] the district's central administrative office between the date
of the election order and election day. A copy of the proposed
charter and a summary of the content of the proposed charter must be
posted on the district's Internet website. Notice of the election
must include a statement of where and how copies of the proposed
charter may be obtained or viewed. The [A] summary of the content
of the proposed charter shall be attached to each copy. The summary
also shall be:
(1) made available to school district employees,
parents, community members, and members of the media; and
(2) e-mailed to district employees and parents if
practicable.
(d) The ballot shall be printed to permit voting for or
against the proposition "Whether the (name of school district)
School District shall be governed under the home-rule school
district charter, which is adopted [proposed by a charter
commission appointed] by the board of trustees and under which only
certain laws and rules apply to the district."
SECTION 9. Section 12.020(f), Education Code, is amended to
read as follows:
(f) At least three copies of the proposed charter amendment
must be available in the office of each school campus in the school
district and in the district's central administrative office
between the date of the election order and election day. A summary
of the content of the proposed charter amendment must be attached to
each copy. A copy of the proposed charter amendment and the summary
of the proposed charter amendment must be posted on the district's
Internet website. Notice of the election must include a
substantial copy of the proposed charter amendment and must include
a statement of where and how copies of the proposed charter
amendment may be obtained or viewed. The summary must be:
(1) made available to district employees, parents,
community members, and members of the media; and
(2) e-mailed to district employees and parents if
practicable.
SECTION 10. Section 12.023(a), Education Code, is amended
to read as follows:
(a) As soon as practicable after [a school district adopts]
a home-rule school district charter or charter amendment is
adopted, the president of the school district board of trustees
shall certify to the secretary of state a copy of the charter or
amendment showing the approval by the voters of the district.
SECTION 11. Section 12.030(g), Education Code, is amended
to read as follows:
(g) The rescission takes effect on a date established by
resolution of the governing body but not later than the beginning of
the following school year [90th day] after the date of an election
held under this section at which [rescission of the charter is
approved and at which] the number of registered voters required
under Subsection (f) vote. As soon as practicable after that
election, the governing body shall notify the commissioner and the
secretary of state of the results of the election and of the
effective date of the rescission.
SECTION 12. The following provisions of the Education Code
are repealed:
(1) Section 12.017;
(2) Section 12.020(j);
(3) Section 12.025; and
(4) Section 12.026.
SECTION 13. 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.