| 1 | 1 | | 85R5303 MEW-D |
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| 2 | 2 | | By: Giddings H.B. No. 2617 |
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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 ownership and disposition of property and management of |
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| 8 | 8 | | assets of an open-enrollment charter school for which the charter |
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| 9 | 9 | | has been revoked, denied renewal, or surrendered. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 12, Education Code, is |
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| 12 | 12 | | amended by adding Section 12.1165 to read as follows: |
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| 13 | 13 | | Sec. 12.1165. CLOSED CHARTER SCHOOL RECOVERED ASSETS. (a) |
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| 14 | 14 | | The following funds shall be deposited in the general revenue fund: |
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| 15 | 15 | | (1) any state funds received by a charter holder under |
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| 16 | 16 | | Section 12.106 that remain after: |
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| 17 | 17 | | (A) the commissioner revokes or denies the |
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| 18 | 18 | | renewal of the charter of an open-enrollment charter school; or |
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| 19 | 19 | | (B) the charter holder surrenders the charter of |
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| 20 | 20 | | an open-enrollment charter school; and |
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| 21 | 21 | | (2) any proceeds from the disposition of property |
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| 22 | 22 | | under Section 12.128(c)(2). |
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| 23 | 23 | | (b) Money deposited under Subsection (a) may be |
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| 24 | 24 | | appropriated to pay for agency costs associated with an |
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| 25 | 25 | | open-enrollment charter school for which the charter has been |
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| 26 | 26 | | revoked, denied renewal, or surrendered, including: |
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| 27 | 27 | | (1) management and closure of the open-enrollment |
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| 28 | 28 | | charter school; and |
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| 29 | 29 | | (2) retention of all remaining records of the former |
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| 30 | 30 | | open-enrollment charter school. |
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| 31 | 31 | | SECTION 2. Section 12.128, Education Code, is amended by |
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| 32 | 32 | | adding Subsections (f) and (g) to read as follows: |
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| 33 | 33 | | (f) Notwithstanding Subsection (a), on the closure of an |
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| 34 | 34 | | open-enrollment charter school, real or personal property |
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| 35 | 35 | | purchased using state funds received after September 1, 2001, is |
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| 36 | 36 | | considered to be public property only to the extent state funds were |
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| 37 | 37 | | used to pay for the property purchased. |
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| 38 | 38 | | (g) A charter holder shall provide in the annual financial |
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| 39 | 39 | | report of the charter holder a detailed inventory identifying the |
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| 40 | 40 | | real property owned or leased by the charter holder. The report |
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| 41 | 41 | | must include information identifying the source of funding used to |
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| 42 | 42 | | purchase or lease the property. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2017. |
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