85R13033 CAE-F
By: Dutton H.B. No. 3800
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain laws to open-enrollment
charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.1058(c), Education Code, is amended
to read as follows:
(c) Notwithstanding Subsection (a) or (b), an
open-enrollment charter school operated by a tax exempt entity as
described by Section 12.101(a)(3) is not considered to be a
political subdivision, local government, or local governmental
entity unless:
(1) the applicable statute specifically states that
the statute applies to an open-enrollment charter school; or
(2) a provision in this chapter states that a specific
statute applies to an open-enrollment charter school.
SECTION 2. Chapter 617, Government Code, is amended by
adding Section 617.0025 to read as follows:
Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT
CHARTER SCHOOL. (a) An open-enrollment charter school established
under Subchapter D, Chapter 12, Education Code, is a political
subdivision for purposes of this chapter.
(b) A member of the governing body of a charter holder, a
member of the governing body of an open-enrollment charter school,
and an officer of an open-enrollment charter school are considered
to be officials of a political subdivision and an employee of an
open-enrollment charter school is considered to be a public
employee under this chapter.
SECTION 3. With respect to Section 617.0025, Government
Code, as added by this Act, if an open-enrollment charter school
entered into a collective bargaining contract with a labor
organization before the effective date of this Act, Chapter 617,
Government Code, does not apply during the term of that contract. A
collective bargaining contract entered into before the effective
date of this Act may not be renewed.
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.