2 | 7 | | |
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3 | 8 | | |
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4 | 9 | | A BILL TO BE ENTITLED |
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5 | 10 | | AN ACT |
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6 | 11 | | relating to the applicability of certain laws to open-enrollment |
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7 | 12 | | charter schools. |
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8 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 14 | | SECTION 1. Section 12.1058(c), Education Code, is amended |
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10 | 15 | | to read as follows: |
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11 | 16 | | (c) Notwithstanding Subsection (a) or (b), an |
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12 | 17 | | open-enrollment charter school operated by a tax exempt entity as |
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13 | 18 | | described by Section 12.101(a)(3) is not considered to be a |
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14 | 19 | | political subdivision, local government, or local governmental |
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15 | 20 | | entity unless: |
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16 | 21 | | (1) the applicable statute specifically states that |
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17 | 22 | | the statute applies to an open-enrollment charter school; or |
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18 | 23 | | (2) a provision in this chapter states that a specific |
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19 | 24 | | statute applies to an open-enrollment charter school. |
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20 | 25 | | SECTION 2. Chapter 617, Government Code, is amended by |
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21 | 26 | | adding Section 617.0025 to read as follows: |
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22 | 27 | | Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT |
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23 | 28 | | CHARTER SCHOOL. (a) An open-enrollment charter school |
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24 | 29 | | established under Subchapter D, Chapter 12, Education Code, is a |
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25 | 30 | | political subdivision for purposes of this chapter. |
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26 | 31 | | (b) A member of the governing body of a charter holder, a |
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27 | 32 | | member of the governing body of an open-enrollment charter school, |
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28 | 33 | | and an officer of an open-enrollment charter school are considered |
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29 | 34 | | to be officials of a political subdivision and an employee of an |
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30 | 35 | | open-enrollment charter school is considered to be a public |
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31 | 36 | | employee under this chapter. |
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32 | 37 | | SECTION 3. With respect to Section 617.0025, Government |
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33 | 38 | | Code, as added by this Act, if an open-enrollment charter school |
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34 | 39 | | entered into a collective bargaining contract with a labor |
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35 | 40 | | organization before the effective date of this Act, Chapter 617, |
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36 | 41 | | Government Code, does not apply during the term of that contract. A |
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37 | 42 | | collective bargaining contract entered into before the effective |
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38 | 43 | | date of this Act may not be renewed. |
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39 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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40 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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41 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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42 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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43 | 48 | | Act takes effect September 1, 2017. |
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