| 1 | 1 | | 86R9555 MP-F |
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| 2 | 2 | | By: Bernal H.B. No. 1830 |
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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 municipal zoning ordinances to |
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| 8 | 8 | | certain open-enrollment 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 12.103, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c) Notwithstanding Subsection (a) and except as provided |
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| 14 | 14 | | by Subsection (d), a campus of an open-enrollment charter school |
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| 15 | 15 | | located in whole or in part in a municipality with a population of |
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| 16 | 16 | | 20,000 or less is not subject to a municipal zoning ordinance |
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| 17 | 17 | | governing public schools. |
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| 18 | 18 | | (d) Subsection (c) does not apply to a campus of an |
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| 19 | 19 | | open-enrollment charter school located wholly or partly in a |
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| 20 | 20 | | municipality adjacent to or surrounded by a municipality that: |
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| 21 | 21 | | (1) has a population of one million or more; and |
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| 22 | 22 | | (2) is primarily located in a county with a population |
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| 23 | 23 | | of 1.5 million or more. |
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| 24 | 24 | | (e) A municipality exempt from the application of |
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| 25 | 25 | | Subsection (c) under Subsection (d) may not impose a municipal |
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| 26 | 26 | | zoning ordinance governing public schools on an open-enrollment |
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| 27 | 27 | | charter school that: |
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| 28 | 28 | | (1) was located in the municipality on September 1, |
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| 29 | 29 | | 2019; or |
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| 30 | 30 | | (2) was planned for a location in the municipality |
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| 31 | 31 | | before September 1, 2019, provided that: |
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| 32 | 32 | | (A) one or more licenses, certificates, permits, |
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| 33 | 33 | | approvals, or other forms of authorization by the municipality were |
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| 34 | 34 | | required by law for the planned location; and |
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| 35 | 35 | | (B) a completed application for the initial |
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| 36 | 36 | | authorization was filed with the municipality before September 1, |
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| 37 | 37 | | 2019. |
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| 38 | 38 | | (f) For purposes of Subsection (e)(2)(B), a completed |
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| 39 | 39 | | application is filed if the application includes all documents and |
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| 40 | 40 | | other information designated as required by the municipality in a |
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| 41 | 41 | | written notice to the applicant. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2019. |
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