Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB61 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10819 CAE-F
2	2	By: Hughes S.B. No. 61
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of certain laws to open-enrollment
8	8	charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.1058, Education Code, is amended by
11	11	adding Subsection (d) to read as follows:
12	12	(d) In adopting or enforcing ordinances for purposes of
13	13	zoning, permitting, code compliance, and development, a
14	14	municipality may not treat an open-enrollment charter school
15	15	differently than a school district.
16	16	SECTION 2. The heading to Section 212.902, Local Government
17	17	Code, is amended to read as follows:
18	18	Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
19	19	SCHOOL LAND DEVELOPMENT STANDARDS.
20	20	SECTION 3. Sections 212.902(a), (b), (c), (d), and (f),
21	21	Local Government Code, are amended to read as follows:
22	22	(a) This section applies to an agreement [agreements]
23	23	between a school district or open-enrollment charter school
24	24	[districts] and a [any] municipality which has annexed territory
25	25	for limited purposes.
26	26	(b) On request by a school district or open-enrollment
27	27	charter school, a municipality shall enter an agreement with the
28	28	board of trustees of the school district or the governing body of
29	29	the open-enrollment charter school to establish review fees, review
30	30	periods, and land development standards ordinances and to provide
31	31	alternative water pollution control methodologies for school
32	32	buildings constructed by the school district or open-enrollment
33	33	charter school. The agreement shall include a provision exempting
34	34	the district or charter school from all land development ordinances
35	35	in cases where the district or charter school is adding temporary
36	36	classroom buildings on an existing school campus.
37	37	(c) If the municipality and the school district or
38	38	open-enrollment charter school do not reach an agreement on or
39	39	before the 120th day after the date on which the municipality
40	40	receives the district's or charter school's request for an
41	41	agreement, proposed agreements by the [school] district or charter
42	42	school and the municipality shall be submitted to an independent
43	43	arbitrator appointed by the presiding district judge whose
44	44	jurisdiction includes the [school] district or charter school. The
45	45	arbitrator shall, after a hearing at which both the [school]
46	46	district or charter school and the municipality make presentations
47	47	on their proposed agreements, prepare an agreement resolving any
48	48	differences between the proposals. The agreement prepared by the
49	49	arbitrator will be final and binding upon both the [school]
50	50	district or charter school and the municipality. The cost of the
51	51	arbitration proceeding shall be borne equally by the [school]
52	52	district or charter school and the municipality.
53	53	(d) A school district or open-enrollment charter school
54	54	that requests an agreement under this section, at the time the
55	55	district or charter school [it] makes the request, shall send a copy
56	56	of the request to the commissioner of education. At the end of the
57	57	120-day period, the requesting district or charter school shall
58	58	report to the commissioner the status or result of negotiations
59	59	with the municipality. A municipality may send a separate status
60	60	report to the commissioner. The district or charter school shall
61	61	send to the commissioner a copy of each agreement between the
62	62	district or charter school and a municipality under this section.
63	63	(f) Nothing in this section shall be construed to limit the
64	64	applicability of or waive fees for fire, safety, health, or
65	65	building code ordinances of the municipality prior to or during
66	66	construction of school buildings, nor shall any agreement waive any
67	67	fee or modify any ordinance of a municipality for an
68	68	administration, service, or athletic facility proposed for
69	69	construction by a school district or open-enrollment charter
70	70	school.
71	71	SECTION 4. Section 395.022(b), Local Government Code, is
72	72	amended to read as follows:
73	73	(b) A school district and an open-enrollment charter school
74	74	are [is] not required to pay impact fees imposed under this chapter
75	75	unless the board of trustees of the district or the governing body
76	76	of the charter school consents to the payment of the fees by
77	77	entering a contract with the political subdivision that imposes the
78	78	fees. The contract may contain terms the board of trustees or
79	79	governing body considers advisable to provide for the payment of
80	80	the fees.
81	81	SECTION 5. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect December 1, 2017.