Texas 2023 - 88th Regular

Texas House Bill HB5092 Compare Versions

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1	1	88R14343 JES-F
2	2	By: Dutton H.B. No. 5092
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to formation, funding, and support of and the
8	8	applicability of certain laws to charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 12.052, Education Code,
11	11	is amended to read as follows:
12	12	Sec. 12.052. PETITION DRIVEN AUTHORIZATION.
13	13	SECTION 2. Section 12.052(a), Education Code, is amended to
14	14	read as follows:
15	15	(a) In accordance with this subchapter, the board of
16	16	trustees of a school district or the governing body of a home-rule
17	17	school district shall grant or deny, through a public vote of the
18	18	board of trustees or governing body, a charter to parents and
19	19	teachers for a campus, two or more campuses, or a program on a
20	20	campus if the board is presented with a petition signed by:
21	21	(1) the parents of a majority of the students at the
22	22	[that] school campus or at each campus, as applicable; and
23	23	(2) a majority of the classroom teachers at the [that]
24	24	school campus or at each campus, as applicable.
25	25	SECTION 3. The heading to Section 12.0521, Education Code,
26	26	is amended to read as follows:
27	27	Sec. 12.0521. DISTRICT CHARTER [ALTERNATIVE]
28	28	AUTHORIZATION.
29	29	SECTION 4. Section 12.0521, Education Code, is amended by
30	30	amending Subsections (a) and (b) and adding Subsections (d), (e),
31	31	and (f) to read as follows:
32	32	(a) Notwithstanding Section 12.052, in accordance with this
33	33	subchapter and in the manner provided by this section, the board of
34	34	trustees of a school district or the governing body of a home-rule
35	35	school district may grant a charter for:
36	36	(1) a new district campus; [or]
37	37	(2) a program that is operated:
38	38	(A) by an entity that has entered into a contract
39	39	with the district under Section 11.157 to provide educational
40	40	services to the district through the campus or program; and
41	41	(B) at a facility located in the boundaries of
42	42	the district; or
43	43	(3) an existing district campus.
44	44	(b) A student's parent or guardian may choose to enroll the
45	45	student at a campus or in a program under this section. A school
46	46	district may not assign a student to a campus or program under this
47	47	section unless the student's parent or guardian has voluntarily
48	48	enrolled the student at the campus or in the program. A student's
49	49	parent or guardian may, at any time, remove the student from a
50	50	campus or program under this section and enroll the student at the
51	51	campus to which the student would ordinarily be assigned. If the
52	52	campus to which the student would ordinarily be assigned is also a
53	53	campus operated under a charter, the student's parent or guardian
54	54	may enroll the student at another available campus in the district
55	55	that is appropriate for the student's grade and is not operated
56	56	under a charter.
57	57	(d) A district charter may be granted to a campus,
58	58	regardless of the performance rating under Subchapter C, Chapter
59	59	39, assigned to that campus in the previous school year.
60	60	(e) A charter granted under this section is not considered
61	61	for purposes of the limit on the number of charters for
62	62	open-enrollment charter schools imposed by Section 12.101.
63	63	(f) The commissioner may adopt rules as necessary for the
64	64	administration of this section.
65	65	SECTION 5. Section 12.0531, Education Code, is amended to
66	66	read as follows:
67	67	Sec. 12.0531. PERFORMANCE CONTRACT; DURATION OF CHARTER.
68	68	(a) If a charter is granted under this subchapter, the board of
69	69	trustees of the school district that granted the charter shall
70	70	enter into a performance contract with the principal or equivalent
71	71	chief operating officer of the campus or program. The performance
72	72	contract must specify enhanced authority granted to the principal
73	73	or equivalent officer in order to achieve the academic goals that
74	74	must be met by campus or program students. A charter granted under
75	75	this subchapter expires 10 years from the date the charter is
76	76	granted unless the specified goals are substantially met, as
77	77	determined by the board of trustees of the school district that
78	78	granted the charter.
79	79	(b) A charter granted pursuant to a contract between a
80	80	school district and an entity granted a charter under this
81	81	subchapter as authorized by Section 11.174(a)(2) must be granted to
82	82	a school district campus for a term of not less than three years.
83	83	The term of the charter may be shortened by an action authorized
84	84	under Chapter 39A, except for the charter granted to a campus
85	85	against which the commissioner may not impose a sanction or take
86	86	action pursuant to Section 11.174(f). A charter described by this
87	87	subsection may be placed on probation or revoked in accordance with
88	88	Section 12.064.
89	89	SECTION 6. Section 12.056(b), Education Code, as amended by
90	90	Chapters 887 (S.B. 1697), 974 (S.B. 2081), and 1046 (S.B. 1365),
91	91	Acts of the 87th Legislature, Regular Session, 2021, is reenacted
92	92	and amended to read as follows:
93	93	(b) A campus or program for which a charter is granted under
94	94	this subchapter is subject to Sections 12.104(b), (b-2), and (b-3),
95	95	and Sections 12.104(b-1), (b-4), and (c) apply to the campus or
96	96	program, as if the campus or program is an open-enrollment charter
97	97	school [:
98	98	[(1) a provision of this title establishing a criminal
99	99	offense; and
100	100	[(2) a prohibition, restriction, or requirement, as
101	101	applicable, imposed by this title or a rule adopted under this
102	102	title, relating to:
103	103	[(A) the Public Education Information Management
104	104	System (PEIMS) to the extent necessary to monitor compliance with
105	105	this subchapter as determined by the commissioner;
106	106	[(B) criminal history records under Subchapter
107	107	C, Chapter 22;
108	108	[(C) high school graduation under Section
109	109	28.025;
110	110	[(D) special education programs under Subchapter
111	111	A, Chapter 29;
112	112	[(E) bilingual education under Subchapter B,
113	113	Chapter 29;
114	114	[(F) prekindergarten programs under Subchapter
115	115	E, Chapter 29, except class size limits for prekindergarten classes
116	116	imposed under Section 25.112, which do not apply;
117	117	[(G) extracurricular activities under Section
118	118	33.081;
119	119	[(H) health and safety under Chapter 38;
120	120	[(I) the provisions of Subchapter A, Chapter 39;
121	121	[(J) public school accountability and special
122	122	investigations under Subchapters A, B, C, D, F, and J, Chapter 39,
123	123	and Chapter 39A;
124	124	[(K) the duty to discharge or refuse to hire
125	125	certain employees or applicants for employment under Section
126	126	12.1059; and
127	127	[(K) parental options to retain a student under
128	128	Section 28.02124].
129	129	SECTION 7. Section 12.057(c), Education Code, is amended to
130	130	read as follows:
131	131	(c) A campus or program granted a charter under Section
132	132	12.052 or [,] 12.0521(a)(1)[, or 12.053] is immune from liability
133	133	to the same extent as a school district, and its employees and
134	134	volunteers are immune from liability to the same extent as school
135	135	district employees and volunteers.
136	136	SECTION 8. Section 12.062, Education Code, is amended to
137	137	read as follows:
138	138	Sec. 12.062. REVISION. (a) A charter granted under Section
139	139	12.052 [or 12.053] may be revised:
140	140	(1) with the approval of the board of trustees that
141	141	granted the charter; and
142	142	(2) on a petition signed by a majority of the parents
143	143	and a majority of the classroom teachers at the campus, at each
144	144	campus, or in the program, as applicable.
145	145	(b) A charter granted under Section 12.0521 may be revised
146	146	with the approval of the board of trustees that granted the charter,
147	147	and if applicable, the approval of the board of trustees or chief
148	148	operating officer of the partnering school district, campus, or
149	149	program. [A charter may be revised under this subsection only
150	150	before the first day of instruction of a school year or after the
151	151	final day of instruction of a school year.]
152	152	SECTION 9. Section 12.063, Education Code, is amended to
153	153	read as follows:
154	154	Sec. 12.063. BASIS FOR PLACEMENT ON PROBATION OR
155	155	REVOCATION. (a) A board of trustees may place on probation or
156	156	revoke a charter it grants if the board determines that the campus,
157	157	campuses, or program:
158	158	(1) committed a material violation of the charter,
159	159	including by failure to comply with the duty to discharge or refuse
160	160	to hire certain employees or applicants for employment, as provided
161	161	by Section 12.0631;
162	162	(2) failed to satisfy generally accepted accounting
163	163	standards of fiscal management; or
164	164	(3) failed to comply with this subchapter, another
165	165	law, or a state agency rule.
166	166	(b) The action the board takes under Subsection (a) shall be
167	167	based on the best interest of campus or program students, the
168	168	severity of the violation, and any previous violation the campus,
169	169	campuses, or program has committed.
170	170	SECTION 10. Section 12.064(b), Education Code, is amended
171	171	to read as follows:
172	172	(b) The procedure adopted under Subsection (a) must provide
173	173	an opportunity for a hearing to the campus or program for which a
174	174	charter is granted under this subchapter and to parents and
175	175	guardians of students at the campus or in the program. A hearing
176	176	under this subsection must be held on a charter [the] campus or on
177	177	the campus operating the [one of the campuses in the case of a
178	178	cooperative] charter program.
179	179	SECTION 11. Section 12.065, Education Code, is amended by
180	180	amending Subsection (a) and adding Subsection (c) to read as
181	181	follows:
182	182	(a) Except as provided by Subsection (c), eligibility
183	183	[Eligibility] criteria for admission of students to the campus or
184	184	program for which a charter is granted under this subchapter must
185	185	give priority on the basis of geographic and residency
186	186	considerations. After priority is given on those bases, secondary
187	187	consideration may be given to a student's age, grade level, or
188	188	academic credentials in general or in a specific area, as necessary
189	189	for the type of program offered.
190	190	(c) A campus or program may enter into an agreement with and
191	191	provide for enrollment preferences to children of employees of a
192	192	business and industry partner in the same manner as an
193	193	open-enrollment charter school under Section 12.117(e) if the
194	194	business and industry partner provides donations described by
195	195	Section 12.117(g) to the campus or program in an amount equal to at
196	196	least 50 percent of the funds the campus or program is annually
197	197	entitled to under Section 12.106.
198	198	SECTION 12. Section 12.101(b-0), Education Code, is amended
199	199	to read as follows:
200	200	(b-0) The commissioner shall notify the State Board of
201	201	Education of each charter the commissioner proposes to grant under
202	202	this subchapter. Unless, before the 90th day after the date on
203	203	which the board receives the notice from the commissioner,
204	204	two-thirds [a majority] of the members of the board [present and
205	205	voting] vote against the grant of that charter, the commissioner's
206	206	proposal to grant the charter takes effect. The board may not
207	207	deliberate or vote on any grant of a charter that is not proposed by
208	208	the commissioner.
209	209	SECTION 13. Section 12.1058, Education Code, is amended by
210	210	amending Subsection (c) and adding Subsections (d), (d-1), (d-2),
211	211	and (d-3) to read as follows:
212	212	(c) Notwithstanding Subsection (a) or (b), an
213	213	open-enrollment charter school operated by a tax exempt entity as
214	214	described by Section 12.101(a)(3) is not considered to be a
215	215	political subdivision, local government, or local governmental
216	216	entity unless:
217	217	(1) a [the applicable] statute specifically states
218	218	that the statute applies to an open-enrollment charter school; or
219	219	(2) a provision in this chapter states that a specific
220	220	statute applies to an open-enrollment charter school.
221	221	(d) A political subdivision other than a school district
222	222	shall consider an open-enrollment charter school a school district
223	223	for purposes of zoning, project permitting, platting and replatting
224	224	processes, business licensing, franchises, utility services,
225	225	eminent domain, signage, subdivision regulation, property
226	226	development projects, the requirements for posting bonds or
227	227	securities, contract requirements, land development standards as
228	228	provided by Section 212.902, Local Government Code, tree and
229	229	vegetation regulations, regulations of architectural features of a
230	230	structure, construction of fences, landscaping, garbage disposal,
231	231	noise levels, fees or other assessments, and construction or site
232	232	development work. An open-enrollment charter school does not have
233	233	the power of eminent domain.
234	234	(d-1) A political subdivision other than a school district
235	235	may not take any action that prohibits an open-enrollment charter
236	236	school from operating a public school campus, educational support
237	237	facility, athletic facility, or administrative office within the
238	238	political subdivision's jurisdiction or on any specific property
239	239	located within the jurisdiction of the political subdivision that
240	240	it could not take against a school district. A political
241	241	subdivision other than a school district shall grant approval in
242	242	the same manner and follow the same timelines as if the charter
243	243	school were a school district located in that political
244	244	subdivision's jurisdiction.
245	245	(d-2) This section applies to both owned and leased property
246	246	of the open-enrollment charter school under Section 12.128.
247	247	(d-3) Except as provided by this section, this section does
248	248	not affect the authority granted by state law to a political
249	249	subdivision to regulate an open-enrollment charter school
250	250	regarding health and safety ordinances.
251	251	SECTION 14. Sections 12.106(a) and (i), Education Code, are
252	252	amended to read as follows:
253	253	(a) A charter holder is entitled to receive for the
254	254	open-enrollment charter school funding under Chapter 48 equal to
255	255	the amount of funding per student in weighted average daily
256	256	attendance to which the charter holder would be entitled for the
257	257	school under Chapter 48 if the school were a school district without
258	258	a tier one local share for purposes of Section 48.266, excluding:
259	259	(1) the adjustment under Section 48.052;
260	260	(2) [,] the funding under Sections 48.101 and [,
261	261	48.110,] 48.111; [,] and
262	262	(3) [48.112, and] enrichment funding under Section
263	263	48.202(a)[, to which the charter holder would be entitled for the
264	264	school under Chapter 48 if the school were a school district without
265	265	a tier one local share for purposes of Section 48.266].
266	266	(i) The agency may approve a transfer of a charter holder's
267	267	remaining funds to another charter holder, a school district
268	268	operating a charter school under Subchapter C, or a public junior or
269	269	senior college operating a charter school under Subchapter E if the
270	270	entity [charter holder] receiving the funds has not received notice
271	271	of the expiration or revocation of the entity's [the charter
272	272	holder's] charter [for an open-enrollment charter school] or notice
273	273	of a reconstitution of the governing body of the charter holder
274	274	under Section 12.1141 or 12.115 and satisfies any other
275	275	qualification provided by a rule adopted by the commissioner under
276	276	Subsection (j).
277	277	SECTION 15. Section 12.110(d), Education Code, is amended
278	278	to read as follows:
279	279	(d) The commissioner shall approve or deny an application
280	280	based on:
281	281	(1) documented evidence collected through the
282	282	application review process;
283	283	(2) merit; and
284	284	(3) other criteria as adopted by the commissioner,
285	285	which must include:
286	286	(A) criteria relating to the capability of the
287	287	applicant to carry out the responsibilities provided by the charter
288	288	and the likelihood that the applicant will operate a school of high
289	289	quality; and
290	290	(B) criteria relating to improving student
291	291	performance and encouraging innovative programs[; and
292	292	[(C) a statement from any school district whose
293	293	enrollment is likely to be affected by the open-enrollment charter
294	294	school, including information relating to any financial difficulty
295	295	that a loss in enrollment may have on the district].
296	296	SECTION 16. Section 12.1101, Education Code, is amended to
297	297	read as follows:
298	298	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
299	299	ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt
300	300	a procedure for providing notice to the following persons [on
301	301	receipt by the commissioner] of an application for a charter for an
302	302	open-enrollment charter school submitted under Section 12.110 or of
303	303	notice of the establishment of a campus as authorized under Section
304	304	12.101(b-4):
305	305	(1) the superintendent and the board of trustees of
306	306	each school district from which the proposed open-enrollment
307	307	charter school or campus is likely to draw students, as determined
308	308	by the commissioner; and
309	309	(2) each member of the legislature that represents the
310	310	geographic area to be served by the proposed school or campus, as
311	311	determined by the commissioner.
312	312	(b) The commissioner by rule shall adopt a procedure for
313	313	providing notice of the approval of an expansion amendment under
314	314	Section 12.114 to the superintendent and the board of trustees of
315	315	each school district from which a new campus or the expansion of an
316	316	existing campus proposed by the expansion amendment is likely to
317	317	draw students, as determined by the commissioner.
318	318	SECTION 17. Section 12.114(d), Education Code, is amended
319	319	to read as follows:
320	320	(d) A charter holder may submit a request for approval for
321	321	an expansion amendment up to 36 [18] months before the date on which
322	322	the expansion will be effective. A request for approval of an
323	323	expansion amendment does not obligate the charter holder to
324	324	complete the proposed expansion.
325	325	SECTION 18. The heading to Section 12.117, Education Code,
326	326	is amended to read as follows:
327	327	Sec. 12.117. ADMISSION; SUPPORT BY BUSINESS AND INDUSTRY
328	328	PARTNER.
329	329	SECTION 19. Section 12.117, Education Code, is amended by
330	330	amending Subsections (a) and (d) and adding Subsections (e), (f),
331	331	and (g) to read as follows:
332	332	(a) For admission to an open-enrollment charter school, the
333	333	governing body of the school shall:
334	334	(1) require the applicant to complete and submit the
335	335	common admission application form described by Section 12.1173 not
336	336	later than a reasonable deadline the school establishes; and
337	337	(2) on receipt of more acceptable applications for
338	338	admission under this section than available positions in the
339	339	school:
340	340	(A) prioritize admitting:
341	341	(i) a child who attended the school the
342	342	previous year;
343	343	(ii) a child who is a sibling of a student
344	344	admitted to the school; or
345	345	(iii) subject to Subsection (e), the child
346	346	of a permanent employee of a business and industry partner under
347	347	that subsection, if applicable; and
348	348	(B) after admitting any eligible applicant
349	349	described by Paragraph (A):
350	350	(i) fill the remaining available positions
351	351	by lottery; or
352	352	(ii) [(B)] subject to Subsection (b), fill
353	353	the remaining available positions in the order in which
354	354	applications received before the application deadline were
355	355	received.
356	356	(d) Notwithstanding Section 12.111(a)(13), an
357	357	open-enrollment charter school may admit a child of an employee or
358	358	business and industry partner of the school as provided by this
359	359	section regardless of whether the child resides in the geographic
360	360	area served by the school.
361	361	(e) An open-enrollment charter school may establish a
362	362	partnership with a business and industry partner for the support of
363	363	the school or a campus of the school by entering into a memorandum
364	364	of understanding described by Subsection (f) with that partner.
365	365	The memorandum of understanding under Subsection (f) must establish
366	366	the maximum enrollment that may be reserved for children of
367	367	permanent employees of the business and industry partner, which may
368	368	not be more than 50 percent of the total enrollment capacity of the
369	369	school or campus supported by the business and industry partner.
370	370	The school or campus may not, and a memorandum of understanding
371	371	entered into under Subsection (f) may not authorize or require the
372	372	school or campus to, unenroll a student who is enrolled at the
373	373	school in a school year or refuse to reenroll a student who was
374	374	enrolled at the school during the previous school year to create an
375	375	available position for the enrollment of a child of a partner
376	376	employee.
377	377	(f) A memorandum of understanding between an
378	378	open-enrollment charter school and a business and industry partner
379	379	must specify the methods by which the business and industry partner
380	380	will support the charter school. Support provided by a business and
381	381	industry partner:
382	382	(1) must include a donation of funds or services under
383	383	Subdivision (2) equal to a value of at least 50 percent of the funds
384	384	the school campus is entitled to annually under Section 12.106; and
385	385	(2) may include:
386	386	(A) internships;
387	387	(B) career counseling;
388	388	(C) academic tutoring; and
389	389	(D) enrichment activities.
390	390	(g) The commissioner shall adopt rules as necessary to
391	391	implement Subsections (e) and (f), including rules for
392	392	qualification as a business and industry partner. The rules must
393	393	permit a business and industry partner to be a corporation, limited
394	394	liability company, partnership, or other private or public entity.
395	395	In adopting rules regarding required donations to qualify as a
396	396	business and industry partner, the commissioner shall consider the
397	397	following types of donations as permissible:
398	398	(1) real property on which the school or school campus
399	399	is built;
400	400	(2) a building or space used by the school or campus at
401	401	no cost;
402	402	(3) funds, materials, or labor for renovations to
403	403	existing school or campus buildings; and
404	404	(4) capital improvements to the school or campus,
405	405	including investments in technology.
406	406	SECTION 20. Section 12.1284(a), Education Code, is amended
407	407	to read as follows:
408	408	(a) After extinguishing all payable obligations owed by an
409	409	open-enrollment charter school that ceases to operate, including a
410	410	debt described by Section 12.128(e), a former charter holder shall:
411	411	(1) remit to the agency:
412	412	(A) any remaining funds described by Section
413	413	12.106(h); and
414	414	(B) any state reimbursement amounts from the sale
415	415	of property described by Section 12.128; or
416	416	(2) transfer the remaining funds to another charter
417	417	holder, a school district operating a charter school under
418	418	Subchapter C, or a public junior or public senior college operating
419	419	a charter school under Subchapter E, as provided by [under] Section
420	420	12.106(i).
421	421	SECTION 21. Section 12.141(a), Education Code, is amended
422	422	to read as follows:
423	423	(a) The agency shall deposit funds received under Sections
424	424	12.106, 12.128, 12.1281, 12.1283, and 12.1284 into the charter
425	425	school liquidation fund and may use the funds to:
426	426	(1) pay expenses relating to managing and closing an
427	427	open-enrollment charter school that ceases to operate, including:
428	428	(A) maintenance of the school's student and other
429	429	records; [and]
430	430	(B) the agency's personnel costs associated with
431	431	managing and closing the school; and
432	432	(C) the agency's costs in conducting a special
433	433	investigation of an open-enrollment charter school under Section
434	434	39.004;
435	435	(2) dispose of property described by Section 12.128;
436	436	and
437	437	(3) maintain property described by Section 12.128,
438	438	including expenses for insurance, utilities, maintenance, and
439	439	repairs.
440	440	SECTION 22. Section 29.171, Education Code, is amended by
441	441	adding Subsection (d) to read as follows:
442	442	(d) A school district or open-enrollment charter school
443	443	that partners with a private prekindergarten program may use a
444	444	facility or location for the program if the facility or location
445	445	complies with any municipal ordinance applicable to the operation
446	446	of a private prekindergarten program, if any have been adopted by
447	447	the municipality in which the facility or location is located.
448	448	SECTION 23. Section 39A.105(a), Education Code, is amended
449	449	to read as follows:
450	450	(a) A campus turnaround plan must include:
451	451	(1) details on the method for restructuring,
452	452	reforming, or reconstituting the campus;
453	453	(2) a detailed description of the academic programs to
454	454	be offered at the campus, including:
455	455	(A) instructional methods;
456	456	(B) length of school day and school year;
457	457	(C) academic credit and promotion criteria; and
458	458	(D) programs to serve special student
459	459	populations;
460	460	(3) if a district charter is to be granted for the
461	461	campus under Section 12.0521 [12.0522]:
462	462	(A) the term of the charter; and
463	463	(B) information on the implementation of the
464	464	charter;
465	465	(4) written comments from:
466	466	(A) the campus-level committee established under
467	467	Section 11.251, if applicable;
468	468	(B) parents; and
469	469	(C) teachers at the campus; and
470	470	(5) a detailed description of the budget, staffing,
471	471	and financial resources required to implement the plan, including
472	472	any supplemental resources to be provided by the school district or
473	473	other identified sources.
474	474	SECTION 24. Subchapter A, Chapter 48, Education Code, is
475	475	amended by adding Section 48.012 to read as follows:
476	476	Sec. 48.012. ENROLLMENT TRANSPARENCY REPORT. The agency
477	477	shall annually prepare and publish a report indicating the amount
478	478	of local revenue in excess of entitlement that each school district
479	479	would have received if each student in the attendance zone of the
480	480	district who was enrolled during the school year in an
481	481	open-enrollment charter school or in a different school district
482	482	had instead enrolled in that district.
483	483	SECTION 25. Section 212.001, Local Government Code, is
484	484	amended by adding Subdivision (1-a) to read as follows:
485	485	(1-a) "Open-enrollment charter school" means a school
486	486	granted a charter under Subchapter C, D, or E, Chapter 12, Education
487	487	Code.
488	488	SECTION 26. Section 212.902, Local Government Code, is
489	489	amended to read as follows:
490	490	Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
491	491	SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
492	492	agreement [agreements] between a school district or
493	493	open-enrollment charter school [districts] and a [any]
494	494	municipality which has annexed territory for limited purposes.
495	495	(b) On request by a school district or open-enrollment
496	496	charter school, a municipality shall enter an agreement with the
497	497	board of trustees of the school district or the governing body of
498	498	the open-enrollment charter school to establish review fees, review
499	499	periods, and land development standards ordinances and to provide
500	500	alternative water pollution control methodologies for school
501	501	buildings constructed by the school district or open-enrollment
502	502	charter school. The agreement shall include a provision exempting
503	503	the district or charter school from all land development ordinances
504	504	in cases where the district or charter school is adding temporary
505	505	classroom buildings on an existing school campus.
506	506	(c) If the municipality and the school district or
507	507	open-enrollment charter school do not reach an agreement on or
508	508	before the 120th day after the date on which the municipality
509	509	receives the district's or charter school's request for an
510	510	agreement, proposed agreements by the [school] district or charter
511	511	school and the municipality shall be submitted to an independent
512	512	arbitrator appointed by the presiding district judge whose
513	513	jurisdiction includes the [school] district or charter school. The
514	514	arbitrator shall, after a hearing at which both the [school]
515	515	district or charter school and the municipality make presentations
516	516	on their proposed agreements, prepare an agreement resolving any
517	517	differences between the proposals. The agreement prepared by the
518	518	arbitrator will be final and binding upon both the [school]
519	519	district or charter school and the municipality. The cost of the
520	520	arbitration proceeding shall be borne equally by the [school]
521	521	district or charter school and the municipality.
522	522	(d) A school district or open-enrollment charter school
523	523	that requests an agreement under this section, at the time the
524	524	district or charter school [it] makes the request, shall send a copy
525	525	of the request to the commissioner of education. At the end of the
526	526	120-day period, the requesting district or charter school shall
527	527	report to the commissioner the status or result of negotiations
528	528	with the municipality. A municipality may send a separate status
529	529	report to the commissioner. The district or charter school shall
530	530	send to the commissioner a copy of each agreement between the
531	531	district or charter school and a municipality under this section.
532	532	(e) In this section, "land development standards" includes
533	533	impervious cover limitations, building setbacks, floor to area
534	534	ratios, building heights and coverage, water quality controls,
535	535	landscaping, development setbacks, compatibility standards,
536	536	traffic analyses including traffic impact analyses, vehicle
537	537	queuing, parking requirements, signage requirements, and driveway
538	538	cuts, if applicable.
539	539	(f) Nothing in this section shall be construed to limit the
540	540	applicability of or waive fees for fire, safety, health, or
541	541	building code ordinances of the municipality prior to or during
542	542	construction of school buildings, nor shall any agreement waive any
543	543	fee or modify any ordinance of a municipality for an
544	544	administration, service, or athletic facility proposed for
545	545	construction by a school district or open-enrollment charter
546	546	school.
547	547	SECTION 27. Section 552.053, Local Government Code, is
548	548	amended by amending Subsection (b) and adding Subsections (b-1) and
549	549	(b-2) to read as follows:
550	550	(b) The following may be exempt:
551	551	(1) this state;
552	552	(2) a county;
553	553	(3) a municipality; or
554	554	(4) [a] school districts and open-enrollment charter
555	555	schools [district].
556	556	(b-1) For purposes of an exemption granted under Subsection
557	557	(b)(4), the exemption must be granted to both school districts and
558	558	open-enrollment charter schools.
559	559	(b-2) For purposes of this section, "open-enrollment
560	560	charter school" means a school granted a charter under Subchapter D
561	561	or E, Chapter 12, Education Code.
562	562	SECTION 28. The following provisions of the Education Code
563	563	are repealed:
564	564	(1) Section 12.0522;
565	565	(2) Section 12.053;
566	566	(3) Section 12.0532;
567	567	(4) Section 12.103(c);
568	568	(5) Section 12.106(a-4); and
569	569	(6) Section 39A.107(b).
570	570	SECTION 29. An exemption granted to a school district under
571	571	Section 552.053(b)(4), Local Government Code, as that section
572	572	existed before the effective date of this Act, automatically
573	573	extends to all open-enrollment charter schools located in the
574	574	municipality after the effective date of this Act unless the
575	575	municipality repeals the exemption before the effective date of
576	576	this Act.
577	577	SECTION 30. To the extent of any conflict, this Act prevails
578	578	over another Act of the 88th Legislature, Regular Session, 2023,
579	579	relating to nonsubstantive additions to and corrections in enacted
580	580	codes.
581	581	SECTION 31. This Act applies beginning with the 2023-2024
582	582	school year.
583	583	SECTION 32. This Act takes effect immediately if it
584	584	receives a vote of two-thirds of all the members elected to each
585	585	house, as provided by Section 39, Article III, Texas Constitution.
586	586	If this Act does not receive the vote necessary for immediate
587	587	effect, this Act takes effect September 1, 2023.