| 1 | 1 | | 88R14406 MEW-D |
|---|
| 2 | 2 | | By: Muñoz, Jr. H.B. No. 5294 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a proposition for certain school districts to be |
|---|
| 8 | 8 | | prohibited from imposing an ad valorem tax and to be operated and |
|---|
| 9 | 9 | | funded in the same manner as an open-enrollment charter school. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 11.301, Education Code, is amended by |
|---|
| 12 | 12 | | amending Subsection (a) and adding Subsections (c) and (d) to read |
|---|
| 13 | 13 | | as follows: |
|---|
| 14 | 14 | | (a) Except as otherwise provided by this section, a [A] |
|---|
| 15 | 15 | | school district or county system operating under former Chapter 17, |
|---|
| 16 | 16 | | 18, 22, 25, 26, 27, or 28 on May 1, 1995, may continue to operate |
|---|
| 17 | 17 | | under the applicable chapter as that chapter existed on that date |
|---|
| 18 | 18 | | and under state law generally applicable to school districts that |
|---|
| 19 | 19 | | does not conflict with that chapter. |
|---|
| 20 | 20 | | (c) Notwithstanding any other law, not later than November |
|---|
| 21 | 21 | | 1, 2023, the board of directors of a school district operating under |
|---|
| 22 | 22 | | former Chapter 26, as that chapter existed on May 1, 1995, shall |
|---|
| 23 | 23 | | order an election to be held on the first uniform election date that |
|---|
| 24 | 24 | | allows sufficient time to comply with any requirements of law on the |
|---|
| 25 | 25 | | question of prohibiting the district from imposing an ad valorem |
|---|
| 26 | 26 | | tax and providing for the district to be operated and funded in the |
|---|
| 27 | 27 | | same manner as an open-enrollment charter school under Subchapter |
|---|
| 28 | 28 | | D, Chapter 12. |
|---|
| 29 | 29 | | (d) Notwithstanding any other law, if a majority of the |
|---|
| 30 | 30 | | registered voters of the school district vote to approve the |
|---|
| 31 | 31 | | proposition under Subsection (c): |
|---|
| 32 | 32 | | (1) the board shall: |
|---|
| 33 | 33 | | (A) notify the agency of the approval of the |
|---|
| 34 | 34 | | proposition; and |
|---|
| 35 | 35 | | (B) in coordination and consultation with the |
|---|
| 36 | 36 | | agency, develop a transition plan approved by the agency to provide |
|---|
| 37 | 37 | | for the district to be operated and funded in the same manner as an |
|---|
| 38 | 38 | | open-enrollment charter school under Subchapter D, Chapter 12; and |
|---|
| 39 | 39 | | (2) the district may not impose an ad valorem tax for |
|---|
| 40 | 40 | | any purpose on or after the date on which the election was held. |
|---|
| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|