88R12751 PRL-D
By: Rogers H.B. No. 4597
A BILL TO BE ENTITLED
AN ACT
relating to the requiring the approval of a school district for the
grant of a charter for an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101, Education Code, is amended by
amending Subsection (b-0) and adding Subsection (b-11) to read as
follows:
(b-0) The commissioner shall notify the State Board of
Education of each charter the commissioner proposes to grant under
this subchapter. Except as provided by Subsection (b-11), unless,
[Unless,] before the 90th day after the date on which the board
receives the notice from the commissioner, a majority of the
members of the board present and voting vote against the grant of
that charter, the commissioner's proposal to grant the charter
takes effect. The board may not deliberate or vote on any grant of a
charter that is not proposed by the commissioner.
(b-11) The commissioner shall notify the board of trustees
of each school district located in the geographical area expected
to be served by a proposed open-enrollment charter school under a
charter the commissioner proposes to grant under this subchapter of
the proposed charter. Not later than the 90th day after receiving a
notification under this subsection, the board of trustees shall
vote on the question of whether the board approves the
commissioner's proposal. The commissioner may not grant a charter
if a board of trustees notified under this subsection does not by
vote approve the grant of the charter.
SECTION 2. The change in law made by this Act applies only
to an application for a charter received by the commissioner of
education on or after the effective date of this Act.
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, 2023.