87R5340 CAE-D By: Dutton H.B. No. 1188 A BILL TO BE ENTITLED AN ACT relating to requiring certain open-enrollment charter schools to comply with historically underutilized business provisions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.1058, Education Code, is amended by adding Subsection (d) to read as follows: (d) If an open-enrollment charter school has 5,000 or more students in average daily attendance as determined under Section 48.005, the school is considered to be a state agency for purposes of Chapter 2161, Government Code. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.