Texas 2023 - 88th Regular

Texas Senate Bill SB90 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R225 MLH-D
2	2	By: Johnson S.B. No. 90
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an application for the establishment of a new
8	8	open-enrollment charter school campus or site.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.1101, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [OR
13	13	ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a
14	14	procedure for providing notice to the following persons on receipt
15	15	by the commissioner of an application for a charter for an
16	16	open-enrollment charter school under Section 12.110 [or of notice
17	17	of the establishment of a campus as authorized under Section
18	18	12.101(b-4)]:
19	19	(1) the superintendent and the board of trustees of
20	20	each school district from which the proposed open-enrollment
21	21	charter school [or campus] is likely to draw students, as
22	22	determined by the commissioner; and
23	23	(2) each member of the legislature that represents the
24	24	geographic area to be served by the proposed school [or campus], as
25	25	determined by the commissioner.
26	26	SECTION 2. Section 12.114, Education Code, is amended by
27	27	amending Subsection (c) and adding Subsection (c-1) to read as
28	28	follows:
29	29	(c) Not later than the 60th day after the date that a charter
30	30	holder submits to the commissioner a completed request for approval
31	31	for an expansion amendment, as defined by commissioner rule,
32	32	[including a new school amendment,] the commissioner shall provide
33	33	to the charter holder written notice of approval or disapproval of
34	34	the amendment.
35	35	(c-1) This section does not apply to an application for the
36	36	establishment of a new open-enrollment charter school campus or
37	37	site under Section 12.1142.
38	38	SECTION 3. Subchapter D, Chapter 12, Education Code, is
39	39	amended by adding Section 12.1142 to read as follows:
40	40	Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF NEW
41	41	OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE. (a) A charter
42	42	holder may submit to the commissioner an application to establish a
43	43	new open-enrollment charter school campus or site as provided by
44	44	this section. The application must include the zip code of the
45	45	proposed campus or site.
46	46	(b) As soon as practicable after an application for a new
47	47	campus or site is submitted, the agency shall prepare a report that
48	48	includes a fiscal note estimating the total cost to the state and
49	49	the potential revenue loss for each affected school district for
50	50	the 10-year period following the establishment of the proposed
51	51	campus or site.
52	52	(c) The commissioner shall post to the agency's Internet
53	53	website each application received under this section along with the
54	54	report prepared under Subsection (b) for that application and shall
55	55	provide notice of each application and a copy of the report to:
56	56	(1) the superintendent and the board of trustees of
57	57	each school district from which the proposed campus or site is
58	58	likely to draw students, as determined by the commissioner; and
59	59	(2) each member of the legislature that represents the
60	60	geographic area to be served by the proposed campus or site, as
61	61	determined by the commissioner.
62	62	(d) Not sooner than 60 days after notice of an application
63	63	and a report prepared for that application are posted to the
64	64	agency's Internet website and provided to the persons listed under
65	65	Subsection (c), the commissioner shall submit to the State Board of
66	66	Education any application the commissioner proposes to approve and:
67	67	(1) the report prepared under Subsection (b); and
68	68	(2) any impact statements submitted to the
69	69	commissioner by a school district whose enrollment is likely to be
70	70	affected by the proposed campus or site.
71	71	(e) Unless, before the 90th day after the date on which the
72	72	State Board of Education receives an application proposing to
73	73	establish a new open-enrollment charter school campus or site, a
74	74	majority of the members of the board present and voting vote against
75	75	the charter holder's proposal, the application is approved and the
76	76	charter holder's proposal takes effect.
77	77	(f) The commissioner shall adopt rules regarding the
78	78	consideration of applications under this section that:
79	79	(1) allow a charter holder to submit an application at
80	80	least 18 months before the date proposed for the establishment of
81	81	the proposed campus or site; and
82	82	(2) provide for the consideration and approval or
83	83	disapproval of each application by the commissioner and the State
84	84	Board of Education only during even-numbered years.
85	85	SECTION 4. Sections 12.101(b-4) and (b-10), Education Code,
86	86	are repealed.
87	87	SECTION 5. The changes in law made by this Act apply only to
88	88	an application for the establishment of a new open-enrollment
89	89	charter school campus or site received by the commissioner of
90	90	education on or after the effective date of this Act.
91	91	SECTION 6. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2023.