| 1 | 1 | | 85R13033 CAE-F |
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| 2 | 2 | | By: Dutton H.B. No. 3800 |
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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 12.1058(c), Education Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (c) Notwithstanding Subsection (a) or (b), an |
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| 13 | 13 | | open-enrollment charter school operated by a tax exempt entity as |
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| 14 | 14 | | described by Section 12.101(a)(3) is not considered to be a |
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| 15 | 15 | | political subdivision, local government, or local governmental |
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| 16 | 16 | | entity unless: |
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| 17 | 17 | | (1) the applicable statute specifically states that |
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| 18 | 18 | | the statute applies to an open-enrollment charter school; or |
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| 19 | 19 | | (2) a provision in this chapter states that a specific |
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| 20 | 20 | | statute applies to an open-enrollment charter school. |
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| 21 | 21 | | SECTION 2. Chapter 617, Government Code, is amended by |
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| 22 | 22 | | adding Section 617.0025 to read as follows: |
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| 23 | 23 | | Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT |
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| 24 | 24 | | CHARTER SCHOOL. (a) An open-enrollment charter school established |
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| 25 | 25 | | under Subchapter D, Chapter 12, Education Code, is a political |
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| 26 | 26 | | subdivision for purposes of this chapter. |
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| 27 | 27 | | (b) A member of the governing body of a charter holder, a |
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| 28 | 28 | | member of the governing body of an open-enrollment charter school, |
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| 29 | 29 | | and an officer of an open-enrollment charter school are considered |
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| 30 | 30 | | to be officials of a political subdivision and an employee of an |
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| 31 | 31 | | open-enrollment charter school is considered to be a public |
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| 32 | 32 | | employee under this chapter. |
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| 33 | 33 | | SECTION 3. With respect to Section 617.0025, Government |
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| 34 | 34 | | Code, as added by this Act, if an open-enrollment charter school |
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| 35 | 35 | | entered into a collective bargaining contract with a labor |
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| 36 | 36 | | organization before the effective date of this Act, Chapter 617, |
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| 37 | 37 | | Government Code, does not apply during the term of that contract. A |
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| 38 | 38 | | collective bargaining contract entered into before the effective |
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| 39 | 39 | | date of this Act may not be renewed. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2017. |
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