85R5303 MEW-D
By: Giddings H.B. No. 2617
A BILL TO BE ENTITLED
AN ACT
relating to ownership and disposition of property and management of
assets of an open-enrollment charter school for which the charter
has been revoked, denied renewal, or surrendered.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1165 to read as follows:
Sec. 12.1165. CLOSED CHARTER SCHOOL RECOVERED ASSETS. (a)
The following funds shall be deposited in the general revenue fund:
(1) any state funds received by a charter holder under
Section 12.106 that remain after:
(A) the commissioner revokes or denies the
renewal of the charter of an open-enrollment charter school; or
(B) the charter holder surrenders the charter of
an open-enrollment charter school; and
(2) any proceeds from the disposition of property
under Section 12.128(c)(2).
(b) Money deposited under Subsection (a) may be
appropriated to pay for agency costs associated with an
open-enrollment charter school for which the charter has been
revoked, denied renewal, or surrendered, including:
(1) management and closure of the open-enrollment
charter school; and
(2) retention of all remaining records of the former
open-enrollment charter school.
SECTION 2. Section 12.128, Education Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) Notwithstanding Subsection (a), on the closure of an
open-enrollment charter school, real or personal property
purchased using state funds received after September 1, 2001, is
considered to be public property only to the extent state funds were
used to pay for the property purchased.
(g) A charter holder shall provide in the annual financial
report of the charter holder a detailed inventory identifying the
real property owned or leased by the charter holder. The report
must include information identifying the source of funding used to
purchase or lease the property.
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.