Texas 2021 - 87th Regular

Texas House Bill HB1348 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R14214~~ CAE-F
	1	+	87R5792 CAE-F
2	2		By: Deshotel H.B. No. 1348
3		-	Substitute the following for H.B. No. 1348:
4		-	By: Leman C.S.H.B. No. 1348
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the applicability of certain laws to open-enrollment
10	8		charter schools.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 12.1058, Education Code, is amended by
13		-	amending Subsection (c) and adding ~~Subsections~~ (d)~~, (d-1), (d-2),~~
14		-	~~and (d-3) to read as~~ follows:
	11	+	amending Subsection (c) and adding Subsection (d) to read as
	12	+	follows:
15	13		(c) Notwithstanding Subsection (a) or (b), an
16	14		open-enrollment charter school operated by a tax exempt entity as
17	15		described by Section 12.101(a)(3) is not considered to be a
18	16		political subdivision, local government, or local governmental
19	17		entity unless:
20	18		(1) a [the applicable] statute specifically states
21	19		that the statute applies to an open-enrollment charter school; or
22	20		(2) a provision in this chapter states that a specific
23	21		statute applies to an open-enrollment charter school.
24		-	(d) Except as provided by Section 12.103(c), a political
25		-	subdivision shall consider an open-enrollment charter school a
26		-	school district for purposes of zoning, project permitting,
27		-	platting and replatting processes, business licensing, franchises,
28		-	utility services, eminent domain, signage, subdivision regulation,
29		-	property development projects, the requirements for posting bonds
30		-	or securities, contract requirements, land development standards
31		-	as provided by Section 212.902, Local Government Code, tree and
32		-	vegetation regulations, regulations of architectural features of a
33		-	structure, construction of fences, landscaping, garbage disposal,
34		-	noise levels, fees or other assessments, and construction or site
35		-	development work.
36		-	(d-1) A political subdivision may not take any action that
37		-	prohibits an open-enrollment charter school from operating a public
38		-	school campus, educational support facility, athletic facility, or
39		-	administrative office within the political subdivision's
40		-	jurisdiction or on any specific property located within the
41		-	jurisdiction of the political subdivision that it could not take
42		-	against a school district. A political subdivision shall grant
43		-	approval in the same manner and follow the same timelines as if the
44		-	charter school were a school district located in that political
45		-	subdivision's jurisdiction.
46		-	(d-2) This section applies to both owned and leased property
47		-	of the open-enrollment charter school under Section 12.128.
48		-	(d-3) Except as provided by this section, this section does
49		-	not affect the authority granted by state law to a political
50		-	subdivision to regulate an open-enrollment charter school
51		-	regarding health and safety ordinances.
	22	+	(d) Except as provided by Section 12.103(c), a municipality
	23	+	shall consider an open-enrollment charter school a school district
	24	+	for purposes of zoning, permitting, code compliance, and
	25	+	development.
52	26		SECTION 2. Section 212.902, Local Government Code, is
53	27		amended to read as follows:
54	28		Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
55	29		SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
56	30		agreement [agreements] between a school district or
57	31		open-enrollment charter school [districts] and a [any]
58	32		municipality which has annexed territory for limited purposes.
59	33		(b) On request by a school district or open-enrollment
60	34		charter school, a municipality shall enter an agreement with the
61	35		board of trustees of the school district or the governing body of
62	36		the open-enrollment charter school to establish review fees, review
63	37		periods, and land development standards ordinances and to provide
64	38		alternative water pollution control methodologies for school
65	39		buildings constructed by the school district or open-enrollment
66	40		charter school. The agreement shall include a provision exempting
67	41		the district or charter school from all land development ordinances
68	42		in cases where the district or charter school is adding temporary
69	43		classroom buildings on an existing school campus.
70	44		(c) If the municipality and the school district or
71	45		open-enrollment charter school do not reach an agreement on or
72	46		before the 120th day after the date on which the municipality
73	47		receives the district's or charter school's request for an
74	48		agreement, proposed agreements by the [school] district or charter
75	49		school and the municipality shall be submitted to an independent
76	50		arbitrator appointed by the presiding district judge whose
77	51		jurisdiction includes the [school] district or charter school. The
78	52		arbitrator shall, after a hearing at which both the [school]
79	53		district or charter school and the municipality make presentations
80	54		on their proposed agreements, prepare an agreement resolving any
81	55		differences between the proposals. The agreement prepared by the
82	56		arbitrator will be final and binding upon both the [school]
83	57		district or charter school and the municipality. The cost of the
84	58		arbitration proceeding shall be borne equally by the [school]
85	59		district or charter school and the municipality.
86	60		(d) A school district or open-enrollment charter school
87	61		that requests an agreement under this section, at the time the
88	62		district or charter school [it] makes the request, shall send a copy
89	63		of the request to the commissioner of education. At the end of the
90	64		120-day period, the requesting district or charter school shall
91	65		report to the commissioner the status or result of negotiations
92	66		with the municipality. A municipality may send a separate status
93	67		report to the commissioner. The district or charter school shall
94	68		send to the commissioner a copy of each agreement between the
95	69		district or charter school and a municipality under this section.
96	70		(e) In this section:
97	71		(1) [,] "Land [land] development standards" includes
98	72		impervious cover limitations, building setbacks, floor to area
99	73		ratios, building heights and coverage, water quality controls,
100	74		landscaping, development setbacks, compatibility standards,
101	75		traffic analyses including traffic impact analyses, parking
102	76		requirements, signage requirements, and driveway cuts, if
103	77		applicable.
104	78		(2) "Open-enrollment charter school" means a school
105		-	granted a charter under Subchapter C, D, or E, Chapter 12, Education
	79	+	granted a charter under Subchapter D or E, Chapter 12, Education
106	80		Code.
107	81		(f) Nothing in this section shall be construed to limit the
108	82		applicability of or waive fees for fire, safety, health, or
109	83		building code ordinances of the municipality prior to or during
110	84		construction of school buildings, nor shall any agreement waive any
111	85		fee or modify any ordinance of a municipality for an
112	86		administration, service, or athletic facility proposed for
113	87		construction by a school district or open-enrollment charter
114	88		school.
115		-	SECTION 3. Section 395.022(b), Local Government Code, is
	89	+	SECTION 3. Chapter 250, Local Government Code, is amended
	90	+	by adding Section 250.013 to read as follows:
	91	+	Sec. 250.013. REGULATION OF OPEN-ENROLLMENT CHARTER
	92	+	SCHOOLS. (a) In this section, "open-enrollment charter school"
	93	+	means a school granted a charter under Subchapter D or E, Chapter
	94	+	12, Education Code.
	95	+	(b) A municipality, county, or political subdivision may
	96	+	not enact or enforce an ordinance, order, regulation, resolution,
	97	+	rule, or policy that prohibits an open-enrollment charter school
	98	+	from operating at any location or within any zoning district in the
	99	+	municipality, county, or political subdivision.
	100	+	(c) This section does not otherwise affect the authority
	101	+	granted by state law to a municipality, county, or political
	102	+	subdivision to regulate an open-enrollment charter school.
	103	+	SECTION 4. Section 395.022(b), Local Government Code, is
116	104		amended to read as follows:
117	105		(b) A school district and an open-enrollment charter school
118	106		are [is] not required to pay impact fees imposed under this chapter
119	107		unless the board of trustees of the district or the governing body
120	108		of the charter school consents to the payment of the fees by
121	109		entering a contract with the political subdivision that imposes the
122	110		fees. The contract may contain terms the board of trustees or
123	111		governing body considers advisable to provide for the payment of
124	112		the fees.
125		-	SECTION 4. Section 552.053(b), Local Government Code, is
126		-	amended to read as follows:
	113	+	SECTION 5. Section 552.053, Local Government Code, is
	114	+	amended by amending Subsection (b) and adding Subsections (b-1) and
	115	+	(b-2) to read as follows:
127	116		(b) The following may be exempt:
128	117		(1) this state;
129	118		(2) a county;
130	119		(3) a municipality; or
131	120		(4) [a] school districts and open-enrollment charter
132	121		schools [district].
133		-	SECTION 5. An exemption granted to a school district under
	122	+	(b-1) For purposes of an exemption granted under Subsection
	123	+	(b)(4), the exemption must be granted to both school districts and
	124	+	open-enrollment charter schools.
	125	+	(b-2) For purposes of this section, "open-enrollment
	126	+	charter school" means a school granted a charter under Subchapter D
	127	+	or E, Chapter 12, Education Code.
	128	+	SECTION 6. An exemption granted to a school district under
134	129		Section 552.053(b)(4), Local Government Code, as that section
135	130		existed before the effective date of this Act, automatically
136	131		extends to all open-enrollment charter schools located in the
137	132		municipality after the effective date of this Act unless the
138	133		municipality repeals the exemption before the effective date of
139	134		this Act.
140		-	SECTION 6. This Act takes effect immediately if it receives
	135	+	SECTION 7. This Act takes effect immediately if it receives
141	136		a vote of two-thirds of all the members elected to each house, as
142	137		provided by Section 39, Article III, Texas Constitution. If this
143	138		Act does not receive the vote necessary for immediate effect, this
144	139		Act takes effect September 1, 2021.