Texas 2023 - 88th Regular

Texas House Bill HB983 Compare Versions

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1	1	By: Leo-Wilson H.B. No. 983
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the applicability of certain laws to open-enrollment
7	7	charter schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.1058, Education Code, is amended by
10	10	amending Subsection (c) and adding Subsections (d), (d-1), (d-2),
11	11	(d-3), and (d-4) to read as follows:
12	12	(c) Notwithstanding Subsection (a) or (b), an
13	13	open-enrollment charter school operated by a tax exempt entity as
14	14	described by Section 12.101(a)(3) is not considered to be a
15	15	political subdivision, local government, or local governmental
16	16	entity unless:
17	17	(1) a [the applicable] statute specifically states
18	18	that the statute applies to an open-enrollment charter school; or
19	19	(2) a provision in this chapter states that a specific
20	20	statute applies to an open-enrollment charter school.
21	21	(d) A political subdivision shall consider an
22	22	open-enrollment charter school a school district for purposes of
23	23	zoning, project permitting, platting and replatting processes,
24	24	business licensing, franchises, utility services, signage,
25	25	subdivision regulation, property development projects, the
26	26	requirements for posting bonds or securities, contract
27	27	requirements, land development standards as provided by Section
28	28	212.902, Local Government Code, tree and vegetation regulations,
29	29	regulations of architectural features of a structure, construction
30	30	of fences, landscaping, garbage disposal, noise levels, fees or
31	31	other assessments, and construction or site development work. An
32	32	open-enrollment charter school does not have the power of eminent
33	33	domain.
34	34	(d-1) A political subdivision may not take any action that
35	35	prohibits an open-enrollment charter school from operating a public
36	36	school campus, educational support facility, athletic facility, or
37	37	administrative office within the political subdivision's
38	38	jurisdiction or on any specific property located within the
39	39	jurisdiction of the political subdivision that it could not take
40	40	against a school district. A political subdivision shall grant
41	41	approval in the same manner and follow the same timelines as if the
42	42	charter school were a school district located in that political
43	43	subdivision's jurisdiction.
44	44	(d-2) This section applies to both owned and leased property
45	45	of the open-enrollment charter school under Section 12.128.
46	46	(d-3) Except as provided by this section, this section does
47	47	not affect the authority granted by state law to a political
48	48	subdivision to regulate an open-enrollment charter school
49	49	regarding health and safety ordinances.
50	50	(d-4) In this section, "political subdivision" does not
51	51	include a school district.
52	52	SECTION 2. Section 212.902, Local Government Code, is
53	53	amended to read as follows:
54	54	Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
55	55	SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
56	56	agreement [agreements] between a school district or
57	57	open-enrollment charter school [districts] and a [any]
58	58	municipality which has annexed territory for limited purposes.
59	59	(b) On request by a school district or open-enrollment
60	60	charter school, a municipality shall enter an agreement with the
61	61	board of trustees of the school district or the governing body of
62	62	the open-enrollment charter school to establish review fees, review
63	63	periods, and land development standards ordinances and to provide
64	64	alternative water pollution control methodologies for school
65	65	buildings constructed by the school district or open-enrollment
66	66	charter school. The agreement shall include a provision exempting
67	67	the district or charter school from all land development ordinances
68	68	in cases where the district or charter school is adding temporary
69	69	classroom buildings on an existing school campus.
70	70	(c) If the municipality and the school district or
71	71	open-enrollment charter school do not reach an agreement on or
72	72	before the 120th day after the date on which the municipality
73	73	receives the district's or charter school's request for an
74	74	agreement, proposed agreements by the [school] district or charter
75	75	school and the municipality shall be submitted to an independent
76	76	arbitrator appointed by the presiding district judge whose
77	77	jurisdiction includes the [school] district or charter school. The
78	78	arbitrator shall, after a hearing at which both the [school]
79	79	district or charter school and the municipality make presentations
80	80	on their proposed agreements, prepare an agreement resolving any
81	81	differences between the proposals. The agreement prepared by the
82	82	arbitrator will be final and binding upon both the [school]
83	83	district or charter school and the municipality. The cost of the
84	84	arbitration proceeding shall be borne equally by the [school]
85	85	district or charter school and the municipality.
86	86	(d) A school district or open-enrollment charter school
87	87	that requests an agreement under this section, at the time the
88	88	district or charter school [it] makes the request, shall send a
89	89	copy of the request to the commissioner of education. At the end of
90	90	the 120-day period, the requesting district or charter school shall
91	91	report to the commissioner the status or result of negotiations
92	92	with the municipality. A municipality may send a separate status
93	93	report to the commissioner. The district or charter school shall
94	94	send to the commissioner a copy of each agreement between the
95	95	district or charter school and a municipality under this section.
96	96	(e) In this section:
97	97	(1) [,] "Land [land] development standards" includes
98	98	impervious cover limitations, building setbacks, floor to area
99	99	ratios, building heights and coverage, water quality controls,
100	100	landscaping, development setbacks, compatibility standards,
101	101	traffic analyses, including traffic impact analyses, parking
102	102	requirements, signage requirements, and driveway cuts, if
103	103	applicable.
104	104	(2) "Open-enrollment charter school" means a school
105	105	granted a charter under Subchapter C, D, or E, Chapter 12,
106	106	Education Code.
107	107	(f) Nothing in this section shall be construed to limit the
108	108	applicability of or waive fees for fire, safety, health, or
109	109	building code ordinances of the municipality prior to or during
110	110	construction of school buildings, nor shall any agreement waive any
111	111	fee or modify any ordinance of a municipality for an
112	112	administration, service, or athletic facility proposed for
113	113	construction by a school district or open-enrollment charter
114	114	school.
115	115	SECTION 3. Section 552.053(b), Local Government Code, is
116	116	amended to read as follows:
117	117	(b) The following may be exempt:
118	118	(1) this state;
119	119	(2) a county;
120	120	(3) a municipality; or
121	121	(4) [a] school districts and open-enrollment charter
122	122	schools [district].
123	123	SECTION 4. Section 12.103(c), Education Code, is repealed.
124	124	SECTION 5. An exemption granted to a school district under
125	125	Section 552.053(b)(4), Local Government Code, as that subdivision
126	126	existed before the effective date of this Act, automatically
127	127	extends to all open-enrollment charter schools located in the
128	128	municipality after the effective date of this Act unless the
129	129	municipality repeals the exemption before the effective date of
130	130	this Act.
131	131	SECTION 6. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2023.