Texas 2019 - 86th Regular

Texas Senate Bill SB968 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hancock, Hall S.B. No. 968
	2	+	(In the Senate - Filed February 21, 2019; March 1, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	May 1, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 1; May 1, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 968 By: Paxton
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the applicability of certain laws to open-enrollment
7	14		charter schools.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 12.1058, Education Code, is amended by
10	17		amending Subsection (c) and adding Subsection (d) to read as
11	18		follows:
12	19		(c) Notwithstanding Subsection (a) or (b), an
13	20		open-enrollment charter school operated by a tax exempt entity as
14	21		described by Section 12.101(a)(3) is not considered to be a
15	22		political subdivision, local government, or local governmental
16	23		entity unless a [the applicable] statute specifically states that
17	24		the statute applies to an open-enrollment charter school.
18	25		(d) Except as provided by Section 12.103(c), a municipality
19	26		shall consider an open-enrollment charter school a school district
20	27		for purposes of zoning, permitting, code compliance, and
21	28		development.
22	29		SECTION 2. Section 212.902, Local Government Code, is
23	30		amended to read as follows:
24	31		Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
25	32		SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
26	33		agreement [agreements] between a school district or
27	34		open-enrollment charter school [districts] and a [any]
28	35		municipality which has annexed territory for limited purposes.
29	36		(b) On request by a school district or open-enrollment
30	37		charter school, a municipality shall enter an agreement with the
31	38		board of trustees of the school district or the governing body of
32	39		the open-enrollment charter school to establish review fees, review
33	40		periods, and land development standards ordinances and to provide
34	41		alternative water pollution control methodologies for school
35	42		buildings constructed by the school district or open-enrollment
36	43		charter school. The agreement shall include a provision exempting
37	44		the district or charter school from all land development ordinances
38	45		in cases where the district or charter school is adding temporary
39	46		classroom buildings on an existing school campus.
40	47		(c) If the municipality and the school district or
41	48		open-enrollment charter school do not reach an agreement on or
42	49		before the 120th day after the date on which the municipality
43	50		receives the district's or charter school's request for an
44	51		agreement, proposed agreements by the [school] district or charter
45	52		school and the municipality shall be submitted to an independent
46	53		arbitrator appointed by the presiding district judge whose
47	54		jurisdiction includes the [school] district or charter school. The
48	55		arbitrator shall, after a hearing at which both the [school]
49	56		district or charter school and the municipality make presentations
50	57		on their proposed agreements, prepare an agreement resolving any
51	58		differences between the proposals. The agreement prepared by the
52	59		arbitrator will be final and binding upon both the [school]
53	60		district or charter school and the municipality. The cost of the
54	61		arbitration proceeding shall be borne equally by the [school]
55	62		district or charter school and the municipality.
56	63		(d) A school district or open-enrollment charter school
57	64		that requests an agreement under this section, at the time the
58	65		district or charter school [it] makes the request, shall send a copy
59	66		of the request to the commissioner of education. At the end of the
60	67		120-day period, the requesting district or charter school shall
61	68		report to the commissioner the status or result of negotiations
62	69		with the municipality. A municipality may send a separate status
63	70		report to the commissioner. The district or charter school shall
64	71		send to the commissioner a copy of each agreement between the
65	72		district or charter school and a municipality under this section.
66	73		(e) In this section:
67	74		(1) [,] "Land [land] development standards" includes
68	75		impervious cover limitations, building setbacks, floor to area
69	76		ratios, building heights and coverage, water quality controls,
70	77		landscaping, development setbacks, compatibility standards,
71	78		traffic analyses including traffic impact analyses, parking
72	79		requirements, signage requirements, and driveway cuts, if
73	80		applicable.
74	81		(2) "Open-enrollment charter school" means a school
75	82		granted a charter under Subchapter D or E, Chapter 12, Education
76	83		Code.
77	84		(f) Nothing in this section shall be construed to limit the
78	85		applicability of or waive fees for fire, safety, health, or
79	86		building code ordinances of the municipality prior to or during
80	87		construction of school buildings, nor shall any agreement waive any
81	88		fee or modify any ordinance of a municipality for an
82	89		administration, service, or athletic facility proposed for
83	90		construction by a school district or open-enrollment charter
84	91		school.
85	92		SECTION 3. Chapter 250, Local Government Code, is amended
86	93		by adding Section 250.009 to read as follows:
87	94		Sec. 250.009. REGULATION OF OPEN-ENROLLMENT CHARTER
88	95		SCHOOLS. (a) In this section, "open-enrollment charter school"
89	96		means a school granted a charter under Subchapter D or E, Chapter
90	97		12, Education Code.
91	98		(b) A municipality, county, or political subdivision may
92	99		not enact or enforce a prohibition on open-enrollment charter
93	100		schools locating or establishing additional campuses within the
94	101		jurisdiction of the municipality, county, or political
95	102		subdivision.
96	103		(c) This section does not otherwise affect the authority
97	104		granted by state law to a municipality, county, or political
98	105		subdivision to regulate an open-enrollment charter school.
99	106		SECTION 4. Section 395.022(b), Local Government Code, is
100	107		amended to read as follows:
101	108		(b) A school district and an open-enrollment charter school
102	109		are [is] not required to pay impact fees imposed under this chapter
103	110		unless the board of trustees of the district or the governing body
104	111		of the charter school consents to the payment of the fees by
105	112		entering a contract with the political subdivision that imposes the
106	113		fees. The contract may contain terms the board of trustees or
107	114		governing body considers advisable to provide for the payment of
108	115		the fees.
109	116		SECTION 5. Section 552.053, Local Government Code, is
110	117		amended by amending Subsection (b) and adding Subsections (b-1) and
111	118		(b-2) to read as follows:
112	119		(b) The following may be exempt:
113	120		(1) this state;
114	121		(2) a county;
115	122		(3) a municipality; or
116	123		(4) [a] school districts and open-enrollment charter
117	124		schools [district].
118	125		(b-1) For purposes of an exemption granted under Subsection
119	126		(b)(4), the exemption must be granted to both school districts and
120	127		open-enrollment charter schools.
121	128		(b-2) For purposes of this section, "open-enrollment
122	129		charter school" means a school granted a charter under Subchapter D
123	130		or E, Chapter 12, Education Code.
124	131		SECTION 6. An exemption granted to a school district under
125	132		Section 552.053(b)(4), Local Government Code, as that section
126	133		existed before the effective date of this Act, automatically
127	134		extends to all open-enrollment charter schools located in the
128	135		municipality after the effective date of this Act unless the
129	136		municipality repeals the exemption before the effective date of
130	137		this Act.
131	138		SECTION 7. This Act takes effect immediately if it receives
132	139		a vote of two-thirds of all the members elected to each house, as
133	140		provided by Section 39, Article III, Texas Constitution. If this
134	141		Act does not receive the vote necessary for immediate effect, this
135	142		Act takes effect September 1, 2019.
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