Texas 2021 - 87th Regular

Texas Senate Bill SB487 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes, et al. S.B. No. 487
2		-	(Deshotel, Leman, Huberty, Buckley)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the applicability of certain laws to open-enrollment
8	7		charter schools.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 12.1058, Education Code, is amended by
11	10		amending Subsection (c) and adding Subsections (d), (d-1), (d-2),
12	11		(d-3), and (d-4) to read as follows:
13	12		(c) Notwithstanding Subsection (a) or (b), an
14	13		open-enrollment charter school operated by a tax exempt entity as
15	14		described by Section 12.101(a)(3) is not considered to be a
16	15		political subdivision, local government, or local governmental
17	16		entity unless:
18	17		(1) a [the applicable] statute specifically states
19	18		that the statute applies to an open-enrollment charter school; or
20	19		(2) a provision in this chapter states that a specific
21	20		statute applies to an open-enrollment charter school.
22	21		(d) A political subdivision shall consider an
23	22		open-enrollment charter school a school district for purposes of
24	23		zoning, project permitting, platting and replatting processes,
25	24		business licensing, franchises, utility services, signage,
26	25		subdivision regulation, property development projects, the
27	26		requirements for posting bonds or securities, contract
28	27		requirements, land development standards as provided by Section
29	28		212.902, Local Government Code, tree and vegetation regulations,
30	29		regulations of architectural features of a structure, construction
31	30		of fences, landscaping, garbage disposal, noise levels, fees or
32	31		other assessments, and construction or site development work. An
33	32		open-enrollment charter school does not have the power of eminent
34	33		domain.
35	34		(d-1) A political subdivision may not take any action that
36	35		prohibits an open-enrollment charter school from operating a public
37	36		school campus, educational support facility, athletic facility, or
38	37		administrative office within the political subdivision's
39	38		jurisdiction or on any specific property located within the
40	39		jurisdiction of the political subdivision that it could not take
41	40		against a school district. A political subdivision shall grant
42	41		approval in the same manner and follow the same timelines as if the
43	42		charter school were a school district located in that political
44	43		subdivision's jurisdiction.
45	44		(d-2) This section applies to both owned and leased property
46	45		of the open-enrollment charter school under Section 12.128.
47	46		(d-3) Except as provided by this section, this section does
48	47		not affect the authority granted by state law to a political
49	48		subdivision to regulate an open-enrollment charter school
50	49		regarding health and safety ordinances.
51	50		(d-4) In this section, "political subdivision" does not
52	51		include a school district.
53	52		SECTION 2. Section 212.902, Local Government Code, is
54	53		amended to read as follows:
55	54		Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
56	55		SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
57	56		agreement [agreements] between a school district or
58	57		open-enrollment charter school [districts] and a [any]
59	58		municipality which has annexed territory for limited purposes.
60	59		(b) On request by a school district or open-enrollment
61	60		charter school, a municipality shall enter an agreement with the
62	61		board of trustees of the school district or the governing body of
63	62		the open-enrollment charter school to establish review fees, review
64	63		periods, and land development standards ordinances and to provide
65	64		alternative water pollution control methodologies for school
66	65		buildings constructed by the school district or open-enrollment
67	66		charter school. The agreement shall include a provision exempting
68	67		the district or charter school from all land development ordinances
69	68		in cases where the district or charter school is adding temporary
70	69		classroom buildings on an existing school campus.
71	70		(c) If the municipality and the school district or
72	71		open-enrollment charter school do not reach an agreement on or
73	72		before the 120th day after the date on which the municipality
74	73		receives the district's or charter school's request for an
75	74		agreement, proposed agreements by the [school] district or charter
76	75		school and the municipality shall be submitted to an independent
77	76		arbitrator appointed by the presiding district judge whose
78	77		jurisdiction includes the [school] district or charter school. The
79	78		arbitrator shall, after a hearing at which both the [school]
80	79		district or charter school and the municipality make presentations
81	80		on their proposed agreements, prepare an agreement resolving any
82	81		differences between the proposals. The agreement prepared by the
83	82		arbitrator will be final and binding upon both the [school]
84	83		district or charter school and the municipality. The cost of the
85	84		arbitration proceeding shall be borne equally by the [school]
86	85		district or charter school and the municipality.
87	86		(d) A school district or open-enrollment charter school
88	87		that requests an agreement under this section, at the time the
89	88		district or charter school [it] makes the request, shall send a copy
90	89		of the request to the commissioner of education. At the end of the
91	90		120-day period, the requesting district or charter school shall
92	91		report to the commissioner the status or result of negotiations
93	92		with the municipality. A municipality may send a separate status
94	93		report to the commissioner. The district or charter school shall
95	94		send to the commissioner a copy of each agreement between the
96	95		district or charter school and a municipality under this section.
97	96		(e) In this section:
98	97		(1) [,] "Land [land] development standards" includes
99	98		impervious cover limitations, building setbacks, floor to area
100	99		ratios, building heights and coverage, water quality controls,
101	100		landscaping, development setbacks, compatibility standards,
102	101		traffic analyses, including traffic impact analyses, parking
103	102		requirements, signage requirements, and driveway cuts, if
104	103		applicable.
105	104		(2) "Open-enrollment charter school" means a school
106	105		granted a charter under Subchapter C, D, or E, Chapter 12, Education
107	106		Code.
108	107		(f) Nothing in this section shall be construed to limit the
109	108		applicability of or waive fees for fire, safety, health, or
110	109		building code ordinances of the municipality prior to or during
111	110		construction of school buildings, nor shall any agreement waive any
112	111		fee or modify any ordinance of a municipality for an
113	112		administration, service, or athletic facility proposed for
114	113		construction by a school district or open-enrollment charter
115	114		school.
116	115		SECTION 3. Section 552.053(b), Local Government Code, is
117	116		amended to read as follows:
118	117		(b) The following may be exempt:
119	118		(1) this state;
120	119		(2) a county;
121	120		(3) a municipality; or
122	121		(4) [a] school districts and open-enrollment charter
123	122		schools [district].
124	123		SECTION 4. Section 12.103(c), Education Code, is repealed.
125	124		SECTION 5. An exemption granted to a school district under
126	125		Section 552.053(b)(4), Local Government Code, as that subdivision
127	126		existed before the effective date of this Act, automatically
128	127		extends to all open-enrollment charter schools located in the
129	128		municipality after the effective date of this Act unless the
130	129		municipality repeals the exemption before the effective date of
131	130		this Act.
132	131		SECTION 6. This Act takes effect immediately if it receives
133	132		a vote of two-thirds of all the members elected to each house, as
134	133		provided by Section 39, Article III, Texas Constitution. If this
135	134		Act does not receive the vote necessary for immediate effect, this
136	135		Act takes effect September 1, 2021.