85R11448 KKA-D
By: Uresti H.B. No. 2298
A BILL TO BE ENTITLED
AN ACT
relating to the ineligibility of certain persons affiliated with an
open-enrollment charter school for election to or service on the
State Board of Education or a school district board of trustees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.103, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (d) to
read as follows:
(a) A person is not eligible for election to or service on
the board if the person:
(1) holds an office with this state or any political
subdivision of this state;
(2) is:
(A) an employee, officer, or member of the
governing body of an open-enrollment charter school; or
(B) a member of the governing body of a charter
holder;
(3) is required to register as a lobbyist under
Chapter 305, Government Code, by virtue of the person's activities
for compensation on behalf of an open-enrollment charter school,
governing body of an open-enrollment charter school, charter
holder, governing body of a charter holder, or management company;
(4) has an interest in a management company; or
(5) in any way represents the interests of an
open-enrollment charter school that are directly or indirectly in
conflict with the interests of an independent school district.
(a-1) For purposes of Subsection (a)(4), a person has an
interest in a management company if:
(1) the person owns five percent or more of the voting
stock or shares of the management company;
(2) the person owns five percent or more of the fair
market value of the management company; or
(3) money received by the person from the management
company exceeds five percent of the person's gross income for the
preceding calendar year.
(d) In this section, "charter holder," "governing body of a
charter holder," "governing body of an open-enrollment charter
school," "management company," and "officer of an open-enrollment
charter school" have the meanings assigned by Section 12.1012.
SECTION 2. Section 11.061, Education Code, is amended by
adding Subsections (b-1), (b-2), and (e) to read as follows:
(b-1) A person may not be elected trustee of an independent
school district or appointed to fill a vacancy on the board of
trustees of an independent school district if the person:
(1) is:
(A) an employee, officer, or member of the
governing body of an open-enrollment charter school; or
(B) a member of the governing body of a charter
holder;
(2) is required to register as a lobbyist under
Chapter 305, Government Code, by virtue of the person's activities
for compensation on behalf of an open-enrollment charter school,
governing body of an open-enrollment charter school, charter
holder, governing body of a charter holder, or management company;
(3) has an interest in a management company; or
(4) in any way represents the interests of an
open-enrollment charter school that are directly or indirectly in
conflict with the interests of an independent school district.
(b-2) For purposes of Subsection (b-1)(3), a person has an
interest in a management company if:
(1) the person owns five percent or more of the voting
stock or shares of the management company;
(2) the person owns five percent or more of the fair
market value of the management company; or
(3) money received by the person from the management
company exceeds five percent of the person's gross income for the
preceding calendar year.
(e) In this section, "charter holder," "governing body of a
charter holder," "governing body of an open-enrollment charter
school," "management company," and "officer of an open-enrollment
charter school" have the meanings assigned by Section 12.1012.
SECTION 3. The changes in law made by this Act regarding
eligibility for membership on the State Board of Education or the
board of trustees of an independent school district do not affect
the entitlement of a member serving on the State Board of Education
or the board of trustees of an independent school district
immediately before the effective date of this Act to continue to
carry out the board's functions for the remainder of the member's
term. The changes in law apply only to a member elected or
appointed on or after the effective date of this Act.
SECTION 4. 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.