Texas 2025 - 89th Regular

Texas House Bill HB122 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13795 MM-F
2	2	By: Schoolcraft H.B. No. 122
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the capacity and usage of school district facilities
10	10	and the transfer of students between school districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 7, Education Code, is
13	13	amended by adding Section 7.0611 to read as follows:
14	14	Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section,
15	15	"instructional facility" has the meaning assigned by Section
16	16	46.001.
17	17	(b) The agency by rule shall require each school district to
18	18	annually report the following information in the form and manner
19	19	prescribed by the agency:
20	20	(1) the square footage of each district facility and
21	21	the acreage of land on which each facility sits;
22	22	(2) the total student capacity for each instructional
23	23	facility on a district campus;
24	24	(3) for each district campus:
25	25	(A) the enrollment capacity; and
26	26	(B) the number of students currently enrolled;
27	27	(4) whether a district facility is used by one or more
28	28	campuses and the campus identifier of each campus that uses the
29	29	facility;
30	30	(5) what each district facility is used for,
31	31	including:
32	32	(A) an instructional facility;
33	33	(B) a career and technology center;
34	34	(C) an administrative building;
35	35	(D) a food service facility; and
36	36	(E) a transportation facility;
37	37	(6) whether the district has vacant land and the
38	38	acreage of that land; and
39	39	(7) whether each district facility is leased or owned.
40	40	(c) From the information submitted under Subsection (b),
41	41	the agency shall produce and make available to the public on the
42	42	agency's Internet website an annual report on school district land
43	43	and facilities. The agency may combine the report required under
44	44	this section with any other required report to avoid multiplicity
45	45	of reports.
46	46	(d) If the agency determines information provided under
47	47	Subsection (b) would create a security risk, that information is
48	48	considered confidential for purposes of Chapter 552, Government
49	49	Code, and may not be disclosed in the annual report under Subsection
50	50	(c).
51	51	(e) The commissioner may adopt rules as necessary to
52	52	implement this section.
53	53	SECTION 2. Section 25.001(h), Education Code, is amended to
54	54	read as follows:
55	55	(h) In addition to the penalty provided by Section 37.10,
56	56	Penal Code, a person who knowingly falsifies information on a form
57	57	required for enrollment of a student in a school district is liable
58	58	to the district if the student is not eligible for enrollment in the
59	59	district but is enrolled on the basis of the false information. The
60	60	person is liable, for the period during which the ineligible
61	61	student is enrolled, for [the greater of:
62	62	[(1) the maximum tuition fee the district may charge
63	63	under Section 25.038; or
64	64	[(2)] the amount the district has budgeted for each
65	65	student as maintenance and operating expenses.
66	66	SECTION 3. Section 25.036, Education Code, is amended to
67	67	read as follows:
68	68	Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
69	69	than a high school graduate, who is younger than 21 years of age and
70	70	eligible for enrollment on September 1 of any school year may apply
71	71	to transfer for in-person instruction annually from the child's
72	72	school district of residence to another district in this state [if
73	73	both the receiving district and the applicant parent or guardian or
74	74	person having lawful control of the child jointly approve and
75	75	timely agree in writing to the transfer].
76	76	(b) A transfer application [agreement] under this section
77	77	shall be filed and preserved as a receiving district record for
78	78	audit purposes of the agency.
79	79	(c) A school district may deny approval of a transfer under
80	80	this section only if:
81	81	(1) the district or a school in the district to which a
82	82	student seeks to transfer is at full student capacity or has more
83	83	requests for transfers than available positions after the district
84	84	has filled available positions in accordance with Subsection (e)
85	85	and has satisfied the requirement provided under Subsection (f);
86	86	(2) before the application deadline for the applicable
87	87	school year, the district adopted a policy that provides for the
88	88	exclusion of a student who has a documented history of a criminal
89	89	offense, a juvenile court adjudication, or discipline problems
90	90	under Subchapter A, Chapter 37, and the student meets the
91	91	conditions for exclusion under the policy; or
92	92	(3) approving the transfer would supersede a
93	93	court-ordered desegregation plan.
94	94	(d) For the purpose of determining whether a school in a
95	95	school district is at full student capacity under Subsection
96	96	(c)(1), the district may not consider equity as a factor in the
97	97	district's decision-making process.
98	98	(e) A school district that has more applicants for transfer
99	99	under this section than available positions must fill the available
100	100	positions by lottery and must give priority to applicants in the
101	101	following order:
102	102	(1) students who:
103	103	(A) do not reside in the district but were
104	104	enrolled in the district in the preceding school year; or
105	105	(B) are dependents of an employee of the
106	106	receiving district; and
107	107	(2) students:
108	108	(A) receiving special education services under
109	109	Subchapter A, Chapter 29;
110	110	(B) who are dependents of military personnel;
111	111	(C) who are dependents of law enforcement
112	112	personnel;
113	113	(D) in foster care;
114	114	(E) who are the subject of court-ordered
115	115	modification of an order establishing conservatorship or
116	116	possession and access; or
117	117	(F) who are siblings of a student who is enrolled
118	118	in the receiving district at the time the student seeks to transfer.
119	119	(f) A school district may deny approval of a transfer under
120	120	Subsection (c)(1) only if the district annually submits the
121	121	information regarding student capacity and facility usage by campus
122	122	required under Section 7.0611.
123	123	(g) Unless otherwise required by law, a receiving school
124	124	district may, but is not required to, provide transportation to a
125	125	student who transfers to the receiving district under this section.
126	126	(h) A receiving school district may revoke, at any time
127	127	during the school year, the approval of the student's transfer only
128	128	if:
129	129	(1) the student engages in conduct:
130	130	(A) for which a student is required or permitted
131	131	to be removed from class and placed in a disciplinary alternative
132	132	education program under Section 37.006; or
133	133	(B) for which a student is required or permitted
134	134	to be expelled from school under Section 37.007; and
135	135	(2) before revoking approval of the student's
136	136	transfer, the district:
137	137	(A) ensures the student is afforded appropriate
138	138	due process and complies with any requirements of state law or
139	139	district policy relating to the expulsion of a student to the same
140	140	extent as if the student were being expelled under Section 37.007;
141	141	and
142	142	(B) if the student is a child with a disability
143	143	under the Individuals with Disabilities Education Act (20 U.S.C.
144	144	Section 1400 et seq.), or the district suspects or has a reason to
145	145	suspect that the student may be a child with a disability, complies
146	146	with all federal and state requirements regarding revoking the
147	147	approval of the student's transfer.
148	148	(i) In the case of a transfer under this section, a child's
149	149	school district of residence shall provide the receiving district
150	150	with the child's disciplinary record and any threat assessment
151	151	involving the child's behavior conducted under Section 37.115.
152	152	SECTION 4. Section 25.038, Education Code, is amended to
153	153	read as follows:
154	154	Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS PAID BY
155	155	SCHOOL DISTRICT. (a) Except as provided by Subsection (b), a
156	156	[The] receiving school district may charge a tuition fee to another
157	157	school district, if the receiving district has contracted with the
158	158	other district to educate the other district's students, to the
159	159	extent that the district's actual expenditure per student in
160	160	average daily attendance, as determined by its board of trustees,
161	161	exceeds the sum the district benefits from state aid sources as
162	162	provided by Section 25.037. However, unless a tuition fee is
163	163	prescribed and set out in a transfer agreement before its execution
164	164	by the parties, an increase in tuition charge may not be made for
165	165	the year of that transfer that exceeds the tuition charge, if any,
166	166	of the preceding school year.
167	167	(b) A school district may not charge a tuition fee under
168	168	this section for a student transfer authorized under Section
169	169	25.036.
170	170	SECTION 5. Subchapter B, Chapter 25, Education Code, is
171	171	amended by adding Section 25.048 to read as follows:
172	172	Sec. 25.048. LIMITATION ON DENYING TRANSFER. A school
173	173	district may deny approval of a student's transfer on the basis of a
174	174	lack of capacity only if the district has reported capacity and
175	175	facility usage information for the applicable school year under
176	176	Section 7.0611.
177	177	SECTION 6. The following provisions are repealed:
178	178	(1) Section 25.0344, Education Code, as added by
179	179	Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular
180	180	Session, 2023; and
181	181	(2) Section 25.0344, Education Code, as added by
182	182	Chapter 322 (H.B. 1959), Acts of the 88th Legislature, Regular
183	183	Session, 2023.
184	184	SECTION 7. Notwithstanding any other provision of this Act,
185	185	a student accepted for transfer to a school district for the
186	186	2025-2026 school year under Section 25.036, Education Code, on a
187	187	date occurring before the effective date of this Act is entitled to
188	188	transfer to the district for that school year in the same manner as
189	189	any other student accepted for transfer to the district for that
190	190	school year on a date occurring on or after the effective date of
191	191	this Act.
192	192	SECTION 8. To the extent of any conflict, this Act prevails
193	193	over another Act of the 89th Legislature, Regular Session, 2025,
194	194	relating to nonsubstantive additions to and corrections in enacted
195	195	codes.
196	196	SECTION 9. This Act applies beginning with the 2025-2026
197	197	school year.
198	198	SECTION 10. This Act takes effect immediately if it
199	199	receives a vote of two-thirds of all the members elected to each
200	200	house, as provided by Section 39, Article III, Texas Constitution.
201	201	If this Act does not receive the vote necessary for immediate
202	202	effect, this Act takes effect September 1, 2025.