Texas 2017 - 85th Regular

Texas Senate Bill SB1838 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, Bettencourt S.B. No. 1838
	1	+	By: Hughes S.B. No. 1838
	2	+	(In the Senate - Filed March 10, 2017; March 23, 2017, read
	3	+	first time and referred to Committee on Education; May 9, 2017,
	4	+	reported adversely, with favorable Committee Substitute by the
	5	+	following vote: Yeas 11, Nays 0; May 9, 2017, sent to printer.)
	6	+	Click here to see the committee vote
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1838 By: Hughes
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to the applicability of certain laws to open-enrollment
7	13		charter schools.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 12.1058, Education Code, is amended by
10	16		adding Subsection (d) to read as follows:
11	17		(d) In adopting or enforcing ordinances for purposes of
12	18		zoning, permitting, code compliance, and development, a
13	19		municipality may not treat an open-enrollment charter school
14	20		differently than a school district.
15	21		SECTION 2. The heading to Section 212.902, Local Government
16	22		Code, is amended to read as follows:
17	23		Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
18	24		SCHOOL LAND DEVELOPMENT STANDARDS.
19	25		SECTION 3. Sections 212.902(a), (b), (c), (d), and (f),
20	26		Local Government Code, are amended to read as follows:
21	27		(a) This section applies to an agreement [agreements]
22	28		between a school district or open-enrollment charter school
23	29		[districts] and a [any] municipality which has annexed territory
24	30		for limited purposes.
25	31		(b) On request by a school district or open-enrollment
26	32		charter school, a municipality shall enter an agreement with the
27	33		board of trustees of the school district or the governing body of
28	34		the open-enrollment charter school to establish review fees, review
29	35		periods, and land development standards ordinances and to provide
30	36		alternative water pollution control methodologies for school
31	37		buildings constructed by the school district or open-enrollment
32	38		charter school. The agreement shall include a provision exempting
33	39		the district or charter school from all land development ordinances
34	40		in cases where the district or charter school is adding temporary
35	41		classroom buildings on an existing school campus.
36	42		(c) If the municipality and the school district or
37	43		open-enrollment charter school do not reach an agreement on or
38	44		before the 120th day after the date on which the municipality
39	45		receives the district's or charter school's request for an
40	46		agreement, proposed agreements by the [school] district or charter
41	47		school and the municipality shall be submitted to an independent
42	48		arbitrator appointed by the presiding district judge whose
43	49		jurisdiction includes the [school] district or charter school. The
44	50		arbitrator shall, after a hearing at which both the [school]
45	51		district or charter school and the municipality make presentations
46	52		on their proposed agreements, prepare an agreement resolving any
47	53		differences between the proposals. The agreement prepared by the
48	54		arbitrator will be final and binding upon both the [school]
49	55		district or charter school and the municipality. The cost of the
50	56		arbitration proceeding shall be borne equally by the [school]
51	57		district or charter school and the municipality.
52	58		(d) A school district or open-enrollment charter school
53	59		that requests an agreement under this section, at the time the
54	60		district or charter school [it] makes the request, shall send a copy
55	61		of the request to the commissioner of education. At the end of the
56	62		120-day period, the requesting district or charter school shall
57	63		report to the commissioner the status or result of negotiations
58	64		with the municipality. A municipality may send a separate status
59	65		report to the commissioner. The district or charter school shall
60	66		send to the commissioner a copy of each agreement between the
61	67		district or charter school and a municipality under this section.
62	68		(f) Nothing in this section shall be construed to limit the
63	69		applicability of or waive fees for fire, safety, health, or
64	70		building code ordinances of the municipality prior to or during
65	71		construction of school buildings, nor shall any agreement waive any
66	72		fee or modify any ordinance of a municipality for an
67	73		administration, service, or athletic facility proposed for
68	74		construction by a school district or open-enrollment charter
69	75		school.
70	76		SECTION 4. Section 395.022(b), Local Government Code, is
71	77		amended to read as follows:
72	78		(b) A school district and an open-enrollment charter school
73	79		are [is] not required to pay impact fees imposed under this chapter
74	80		unless the board of trustees of the district or the governing body
75	81		of the charter school consents to the payment of the fees by
76	82		entering a contract with the political subdivision that imposes the
77	83		fees. The contract may contain terms the board of trustees or
78	84		governing body considers advisable to provide for the payment of
79	85		the fees.
80	86		SECTION 5. This Act takes effect immediately if it receives
81	87		a vote of two-thirds of all the members elected to each house, as
82	88		provided by Section 39, Article III, Texas Constitution. If this
83	89		Act does not receive the vote necessary for immediate effect, this
84	90		Act takes effect September 1, 2017.
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