| 1 | 1 | | 85R9575 CAE-F |
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| 2 | 2 | | By: Krause H.B. No. 2185 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of certain laws to open-enrollment |
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| 8 | 8 | | charter schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12.1056, Education Code, is amended by |
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| 11 | 11 | | adding Subsection (e) to read as follows: |
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| 12 | 12 | | (e) Immunity from liability and suit of an open-enrollment |
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| 13 | 13 | | charter school is not waived unless immunity is expressly waived in |
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| 14 | 14 | | a statute and that statute specifically states that the statute |
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| 15 | 15 | | applies to an open-enrollment charter school. |
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| 16 | 16 | | SECTION 2. Section 12.1058, Education Code, is amended by |
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| 17 | 17 | | amending Subsection (c) and adding Subsection (d) to read as |
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| 18 | 18 | | follows: |
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| 19 | 19 | | (c) Notwithstanding Subsection (a) or (b), an |
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| 20 | 20 | | open-enrollment charter school operated by a tax exempt entity as |
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| 21 | 21 | | described by Section 12.101(a)(3) is not considered to be a |
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| 22 | 22 | | political subdivision, local government, or local governmental |
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| 23 | 23 | | entity unless a [the applicable] statute specifically states that |
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| 24 | 24 | | the statute applies to an open-enrollment charter school. |
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| 25 | 25 | | (d) Except as provided by Section 12.103(c), a municipality |
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| 26 | 26 | | shall consider an open-enrollment charter school a school district |
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| 27 | 27 | | for purposes of zoning, permitting, code compliance, and |
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| 28 | 28 | | development. |
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| 29 | 29 | | SECTION 3. Subchapter A, Chapter 2007, Government Code, is |
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| 30 | 30 | | amended by adding Section 2007.0035 to read as follows: |
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| 31 | 31 | | Sec. 2007.0035. APPLICABILITY OF CHAPTER TO |
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| 32 | 32 | | OPEN-ENROLLMENT CHARTER SCHOOL. An open-enrollment charter school |
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| 33 | 33 | | established under Subchapter D, Chapter 12, Education Code, is not |
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| 34 | 34 | | a political subdivision or governmental entity for purposes of this |
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| 35 | 35 | | chapter. |
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| 36 | 36 | | SECTION 4. Section 395.022(b), Local Government Code, is |
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| 37 | 37 | | amended to read as follows: |
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| 38 | 38 | | (b) A school district and an open-enrollment charter school |
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| 39 | 39 | | are [is] not required to pay impact fees imposed under this chapter |
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| 40 | 40 | | unless the board of trustees of the district or the governing body |
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| 41 | 41 | | of the charter school consents to the payment of the fees by |
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| 42 | 42 | | entering a contract with the political subdivision that imposes the |
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| 43 | 43 | | fees. The contract may contain terms the board of trustees or |
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| 44 | 44 | | governing body considers advisable to provide for the payment of |
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| 45 | 45 | | the fees. |
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| 46 | 46 | | SECTION 5. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2017. |
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