Texas 2017 - 85th Regular

Texas House Bill HB2298 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11448 KKA-D
2	2	By: Uresti H.B. No. 2298
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ineligibility of certain persons affiliated with an
8	8	open-enrollment charter school for election to or service on the
9	9	State Board of Education or a school district board of trustees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 7.103, Education Code, is amended by
12	12	amending Subsection (a) and adding Subsections (a-1) and (d) to
13	13	read as follows:
14	14	(a) A person is not eligible for election to or service on
15	15	the board if the person:
16	16	(1) holds an office with this state or any political
17	17	subdivision of this state;
18	18	(2) is:
19	19	(A) an employee, officer, or member of the
20	20	governing body of an open-enrollment charter school; or
21	21	(B) a member of the governing body of a charter
22	22	holder;
23	23	(3) is required to register as a lobbyist under
24	24	Chapter 305, Government Code, by virtue of the person's activities
25	25	for compensation on behalf of an open-enrollment charter school,
26	26	governing body of an open-enrollment charter school, charter
27	27	holder, governing body of a charter holder, or management company;
28	28	(4) has an interest in a management company; or
29	29	(5) in any way represents the interests of an
30	30	open-enrollment charter school that are directly or indirectly in
31	31	conflict with the interests of an independent school district.
32	32	(a-1) For purposes of Subsection (a)(4), a person has an
33	33	interest in a management company if:
34	34	(1) the person owns five percent or more of the voting
35	35	stock or shares of the management company;
36	36	(2) the person owns five percent or more of the fair
37	37	market value of the management company; or
38	38	(3) money received by the person from the management
39	39	company exceeds five percent of the person's gross income for the
40	40	preceding calendar year.
41	41	(d) In this section, "charter holder," "governing body of a
42	42	charter holder," "governing body of an open-enrollment charter
43	43	school," "management company," and "officer of an open-enrollment
44	44	charter school" have the meanings assigned by Section 12.1012.
45	45	SECTION 2. Section 11.061, Education Code, is amended by
46	46	adding Subsections (b-1), (b-2), and (e) to read as follows:
47	47	(b-1) A person may not be elected trustee of an independent
48	48	school district or appointed to fill a vacancy on the board of
49	49	trustees of an independent school district if the person:
50	50	(1) is:
51	51	(A) an employee, officer, or member of the
52	52	governing body of an open-enrollment charter school; or
53	53	(B) a member of the governing body of a charter
54	54	holder;
55	55	(2) is required to register as a lobbyist under
56	56	Chapter 305, Government Code, by virtue of the person's activities
57	57	for compensation on behalf of an open-enrollment charter school,
58	58	governing body of an open-enrollment charter school, charter
59	59	holder, governing body of a charter holder, or management company;
60	60	(3) has an interest in a management company; or
61	61	(4) in any way represents the interests of an
62	62	open-enrollment charter school that are directly or indirectly in
63	63	conflict with the interests of an independent school district.
64	64	(b-2) For purposes of Subsection (b-1)(3), a person has an
65	65	interest in a management company if:
66	66	(1) the person owns five percent or more of the voting
67	67	stock or shares of the management company;
68	68	(2) the person owns five percent or more of the fair
69	69	market value of the management company; or
70	70	(3) money received by the person from the management
71	71	company exceeds five percent of the person's gross income for the
72	72	preceding calendar year.
73	73	(e) In this section, "charter holder," "governing body of a
74	74	charter holder," "governing body of an open-enrollment charter
75	75	school," "management company," and "officer of an open-enrollment
76	76	charter school" have the meanings assigned by Section 12.1012.
77	77	SECTION 3. The changes in law made by this Act regarding
78	78	eligibility for membership on the State Board of Education or the
79	79	board of trustees of an independent school district do not affect
80	80	the entitlement of a member serving on the State Board of Education
81	81	or the board of trustees of an independent school district
82	82	immediately before the effective date of this Act to continue to
83	83	carry out the board's functions for the remainder of the member's
84	84	term. The changes in law apply only to a member elected or
85	85	appointed on or after the effective date of this Act.
86	86	SECTION 4. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2017.