85R355 MK-D
By: Dutton H.B. No. 171
A BILL TO BE ENTITLED
AN ACT
relating to certain facilities transactions between school
districts and charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1542, Education Code, is amended to
read as follows:
Sec. 11.1542. FACILITIES TRANSACTIONS BETWEEN DISTRICTS
AND CHARTER SCHOOLS [OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR
DISTRICT FACILITY]. (a) This subsection applies only to an
independent school district facility or portion of a district
facility that is 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 fair market value
and may be on other terms agreed to by the charter holder and
district board of trustees. The terms of the lease or sale may not
restrict the ability of the charter holder to use the facility for
classroom or other instructional purposes [The board of trustees of
an independent school district that intends to sell, lease, or
allow use for a purpose other than a district purpose of an unused
or underused district facility must give each open-enrollment
charter school located wholly or partly within the boundaries of
the district the opportunity to make an offer to purchase, lease, or
use the facility, as applicable, in response to any terms
established by the board of trustees, before offering the facility
for sale or lease or to any other specific entity].
(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 [This section does not
require the board of trustees of a school district to accept an
offer made by an open-enrollment charter school].
SECTION 2. This Act applies only to a contract entered into
by a school district and a charter holder of an open-enrollment
charter school on or after the effective date of this Act. A
contract entered into between a school district and a charter
holder 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, 2017.