| 1 | 1 | | 88R12751 PRL-D |
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| 2 | 2 | | By: Rogers H.B. No. 4597 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requiring the approval of a school district for the |
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| 8 | 8 | | grant of a charter for an open-enrollment charter school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12.101, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (b-0) and adding Subsection (b-11) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b-0) The commissioner shall notify the State Board of |
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| 14 | 14 | | Education of each charter the commissioner proposes to grant under |
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| 15 | 15 | | this subchapter. Except as provided by Subsection (b-11), unless, |
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| 16 | 16 | | [Unless,] before the 90th day after the date on which the board |
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| 17 | 17 | | receives the notice from the commissioner, a majority of the |
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| 18 | 18 | | members of the board present and voting vote against the grant of |
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| 19 | 19 | | that charter, the commissioner's proposal to grant the charter |
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| 20 | 20 | | takes effect. The board may not deliberate or vote on any grant of a |
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| 21 | 21 | | charter that is not proposed by the commissioner. |
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| 22 | 22 | | (b-11) The commissioner shall notify the board of trustees |
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| 23 | 23 | | of each school district located in the geographical area expected |
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| 24 | 24 | | to be served by a proposed open-enrollment charter school under a |
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| 25 | 25 | | charter the commissioner proposes to grant under this subchapter of |
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| 26 | 26 | | the proposed charter. Not later than the 90th day after receiving a |
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| 27 | 27 | | notification under this subsection, the board of trustees shall |
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| 28 | 28 | | vote on the question of whether the board approves the |
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| 29 | 29 | | commissioner's proposal. The commissioner may not grant a charter |
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| 30 | 30 | | if a board of trustees notified under this subsection does not by |
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| 31 | 31 | | vote approve the grant of the charter. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to an application for a charter received by the commissioner of |
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| 34 | 34 | | education on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2023. |
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