86R9555 MP-F
By: Bernal H.B. No. 1830
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of municipal zoning ordinances to
certain open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.103, Education Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), and (f) to
read as follows:
(c) Notwithstanding Subsection (a) and except as provided
by Subsection (d), a campus of an open-enrollment charter school
located in whole or in part in a municipality with a population of
20,000 or less is not subject to a municipal zoning ordinance
governing public schools.
(d) Subsection (c) does not apply to a campus of an
open-enrollment charter school located wholly or partly in a
municipality adjacent to or surrounded by a municipality that:
(1) has a population of one million or more; and
(2) is primarily located in a county with a population
of 1.5 million or more.
(e) A municipality exempt from the application of
Subsection (c) under Subsection (d) may not impose a municipal
zoning ordinance governing public schools on an open-enrollment
charter school that:
(1) was located in the municipality on September 1,
2019; or
(2) was planned for a location in the municipality
before September 1, 2019, provided that:
(A) one or more licenses, certificates, permits,
approvals, or other forms of authorization by the municipality were
required by law for the planned location; and
(B) a completed application for the initial
authorization was filed with the municipality before September 1,
2019.
(f) For purposes of Subsection (e)(2)(B), a completed
application is filed if the application includes all documents and
other information designated as required by the municipality in a
written notice to the applicant.
SECTION 2. This Act takes effect September 1, 2019.