H.B. No. 189 AN ACT relating to a severance payment to a superintendent or administrator serving as educational leader and chief executive officer of an open-enrollment charter school. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.104, Education Code, is amended by adding Subsection (b-4) to read as follows: (b-4) Section 11.201(c) applies to an open-enrollment charter school as though the governing body of the school were the board of trustees of a school district and to the superintendent or, as applicable, the administrator serving as educational leader and chief executive officer of the school as though that person were the superintendent of a school district. SECTION 2. Section 12.104(b-4), Education Code, as added by this Act, applies only to a severance payment made by the governing body of an open-enrollment charter school to a superintendent or administrator serving as educational leader and chief executive officer of the school under an agreement entered into on or after the effective date of this Act. A severance payment made by the governing body of an open-enrollment charter school to a superintendent or administrator serving as educational leader and chief executive officer of the school under an agreement entered into before the effective date of this Act is governed by the law in effect at the time the agreement was made, and that law is continued in effect for that purpose. SECTION 3. 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. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 189 was passed by the House on May 8, 2021, by the following vote: Yeas 132, Nays 7, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 189 was passed by the Senate on May 19, 2021, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor